Case Briefs Archives

Supreme Court explains what qualifies as ‘Change in Law’; directs DISCOMS to compensate Power Generators for all additional charges levied by State instrumentalities

Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.

Case Briefs High Courts

[POCSO] Relationship between accused and victim girl is that of uncle and niece; Meghalaya High Court refuses to quash criminal proceedings

Meghalaya High Court observed that threatening of the victim girl by the accused is not a sign of a love relationship between two young persons, as submitted by the accused as his defence.

Case Briefs High Courts

Delhi High Court restrains Advance Technologies from using logo similar to The Boeing Company; Directs costs upto 5 lakhs

Delhi High Court observed that customers are being misled by the defendants and the entire effort is deliberate and dishonest amounting to dilution of the reputation and goodwill of the trademark/logo of the plaintiffs.

Case Briefs High Courts

“Life is too short to be spent on litigating”; Karnataka High Court gives elaborate suggestions regarding jurisdiction of District Courts vis-à-vis hearing of First Appeals

Raising concerns over the period of delays in hearing appeals, the Karnataka High Court made detailed suggestions for effective functioning of judiciary, and which can reduce work -load of the High Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No embargo on Operational Creditor to file application u/S 9 IBC, even if agreement has an arbitration clause: NCLAT

The scope and objective of the Code is ‘Resolution’, and not a ‘Recovery Mode / Forum’.

Case Briefs Supreme Court

Register all migrants on eShram portal for Ration Card within 3 months: Supreme Court

“Without the ration card a migrant/unorganized labourer or his family members may be deprived of the benefit of the schemes and may be the benefit under the National Food Security Act”, the Supreme Court observed.

Case Briefs Supreme Court

Adani power entitled to Change in Law for 100% of contracted capacity which is 70% of installed capacity of Phase IV extension of Mundra Project: Supreme Court

The Supreme Court opined that it is unjust on the part of Haryana Utilities to say that 70% of the installed capacity should be further bifurcated and the Change in Law benefit should be restricted only to 70% of the installed capacity.

Case Briefs High Courts

Madras High Court imposes Rs.5 lakh cost on College for admitting Students without having affiliation

Section 17(4) of the National Council for Teacher Education Act, 1993 very specifically states that if any degree is granted by a College, which had admitted students during the period when the College suffered from withdrawal of recognition or affiliation, then such a degree or certificate cannot be treated as a valid qualification for the purpose of employment.

Case Briefs Supreme Court

Supreme Court castigates APTEL for virtually rubber stamping State Commission’s findings on coercion vis-à-vis Power Purchase Agreement

Supreme court was of the opinion that the “casual approach of APTEL, in not reasoning how such findings could be rendered, cannot be countenanced. As a judicial tribunal, dealing with contracts and bargains, which are entered into by parties with equal bargaining power, APTEL is not expected to casually render findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence.”

Case Briefs High Courts

Delhi High Court extends scope of Section 16 of Court Fees Act, 1870 to cases where suit is stayed due to imposition of moratorium

The Delhi High Court extended the scope of Section 16 of the Court Fees Act, 1870 by holding that the cases in which suit is stayed due to imposition of moratorium would fall within the ambit of Section 16.

Case Briefs Supreme Court

Explained| Why SC sets aside Bombay HC order acquitting Prof GN Saibaba and others in UAPA Case

The Court directed to remit the matter back for fresh disposal before another bench of the High Court.

Case Briefs High Courts

Whether victim’s right to be heard includes the obligation to be impleaded as a party in criminal proceedings; Delhi High Court answers

The Delhi High Court holds that there is no requirement in law to implead the victim to any criminal proceedings, whether instituted by the State or by the accused. The Court further directed the Registry to ensure that anonymity of the victims is strictly maintained.

Case Briefs Supreme Court

Can Government employees claim Double Overtime Allowance as per the Factories Act? Supreme Court answers

The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”

Case Briefs High Courts

“An Unmarried daughter can claim reasonable wedding expenses from her father”: Kerala High Court

Kerala High Court reiterated that “every father irrespective of religion has an obligation to pay expenses related to his daughter’s marriage.”

Case Briefs Supreme Court

“Corruption must be dealt with iron hands”; SC sets aside Gujarat HC order granting anticipatory bail to IRS officer Santosh Karnani

When there is prima facie satisfaction that there is something more than a mere needle of suspicion against the accused, the Court cannot jeopardise the investigation, more so when the allegations are grave in nature.

Case Briefs High Courts

It is a curse for a society that women are still subjected to occult rituals to treat their infertility: Allahabad High Court rejects bail plea

Allahabad High Court said that the facts of this case are not only shocking but show the mindset of male persons that when a woman has not conceived for many years, the only fault is of the women and not of men and for that women are subject to occultist rituals. It is a curse for society that such rituals are still prevailing in 21st Century.

Case Briefs Supreme Court

‘Lawyers cannot go on strikes’; Supreme Court asks High Courts to constitute Grievance Redressal Committee to hear genuine grievance

Criticising the practice of the advocates going on strike and abstaining them from work, the Court observed that it is appropriate that their genuine grievances are considered by some forum so that such strikes can be avoided.

Case Briefs High Courts

Commissioner of CGST and Central Excise cannot continue adjudication proceedings after the inordinate delay of 13 years: Delhi High Court

The Delhi High Court held that the Commissioner of CGST and Central Excise cannot continue the proceedings for adjudication of the impugned show cause notice, after the lapse of thirteen years.

Case Briefs Supreme Court

Mens rea not an essential ingredient for contravention of S. 45, Gujarat Sales Tax Act, 1969: Supreme Court

“The intention of the legislature is very clear and unambiguous that the moment any eventuality as mentioned in Section 45(5) occurs, the penalty shall be leviable as mentioned in sub-section (6) of Section 45 of the Gujarat Sales tax Act, 1969”, the Supreme Court observed.

Case Briefs District Court

[NDPS] Delhi Court grants bail to accused of drug trafficking of Methamphetamine from Mexico to Australia

Delhi Court observed that in the absence of any evidence to link the accused persons with contraband recovered in Australia, the bar of section 37 NDPS Act stands lifted.