Case Briefs Archives

Can gravity of offence be the sole ground to deny bail? Del HC decides in a multi-person scam involving Rs 200 Crores

Delhi High Court: Subramonium Prasad, J., addressed whether the magnitude of offence can be the only criterion for granting bail and further

Case Briefs High Courts

Son ousted benighted widowed mother, deprived her right to “live a normal life” apart from maintaining and supporting her livelihood: Bom HC

Bombay High Court: G.S. Kulkarni, J., while addressing another unfortunate case concerning a mother who was ousted from the tenement she owned

Case Briefs District Court

Bishop Franco Mulakkal; A victim of faction feud in the Church and group fights of nuns? Read why Sessions Court acquitted the Bishop in nun rape case

Court of Session (Kottayam): While hearing a case which had lead nation to one of the most controversial outbreak and had lifted

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can merely disowning bank accounts exempt assessee from paying tax? Read why ITAT approved addition of Rs 12.81 Crores under S.68 of Income Tax Act

Income Tax Appellate Tribunal (ITAT), New Delhi: Stating that, “Urgent needs invite urgent action”, Amit Shukla, Judicial Member and Dr B.R.R. Kumar,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Consumer cannot be forced to pay “service charge” in a restaurant: Consumer Forum finds conduct of restaurant contrary to principles of Consumer Protection Act

District Consumer Disputes Redressal Commission, Kolkata Unit-II(Central): While holding against the service charge, charged by a restaurant, Coram of Swapan Kumar Mahanty

Case Briefs Supreme Court

Explained| Does failure to publish an advertisement lead to the automatic dismissal winding up petition?

Supreme Court: In the case where the bench of Hemant Gupta and V. Ramasubramanian*, JJ upheld NCLAT’s order of winding up of

Case Briefs Tribunals/Commissions/Regulatory Bodies

If lessee is not actual owner of property, can actual rental expenses be claimed on return of income? ITAT decides

Income Tax Appellate Tribunal, Bangalore Benches (ITAT): The Bench of Chandra Poojari, AM and George George K, JM while partly allowing an

Case Briefs High Courts

Cases involving large scale revenue unresolved for several years, leading to looting of nation’s properties: Read what Madras HC observes

Madras High Court: Noting a matter involving State Revenues, S.M. Subramaniam, J., expressed that, “…writ petitions involving large scale revenue, more specifically,

Advance Rulings Case Briefs

CSR under GST Reign | Goods provided free of cost under CSR activity to Kerala Flood affected people: Will Distributor be entitled to input tax credit? Ker AAR decides

Kerala Authority for Advance Ruling: S. Anilkumar, Additional Commissioner of Central Tax & B.S. Thyagarajababu, Joint Commissioner of State Tax decided whether

Case Briefs Supreme Court

Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers

Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Dominant position and Predatory Pricing or Win-Win for riders and drivers? NCLAT upholds CCI’s decision

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain (Judicial Member) and Dr Alok Srivastava (Technical Member) held

Case Briefs Supreme Court

“Can’t allow Devas and its shareholders to reap the benefits of their fraudulent action”; SC upholds NCLAT’s order to wind up Devas

“If the seeds of the commercial relationship between Antrix and Devas were a product of fraud perpetrated by Devas, every part of the plant that grew out of those seeds, such as the Agreement, the disputes, arbitral awards etc., are all infected with the poison of fraud.”

Case Briefs High Courts

Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC

Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report

Case Briefs High Courts

Taking Rs 15,000 as notional income of a family member who is non-earning, in a motor accident claim: Is it reasonable? All HC decides

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., enhances quantum of award of a non-earning

Case Briefs High Courts

Provision of Personal Hearing would defeat the purpose of Faceless Assessment Scheme? Del HC decides

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., while focusing on the principles of natural justice and right

Case Briefs Foreign Courts

SPOTIFY v. POTIFY | Can the mark POTIFY conjure up mark SPOTIFY? Here’s detailed analysis of US Patent and Trademark Office decision in trademark clash

United States Patent and Trademark Office: Cataldo, Adlin and Lebow, Administrative Trademark Judges, decided whether SPOTIFY is entitled against dilution by blurring

Case Briefs Supreme Court

No scaling down of sentence to 10 years as per NDPS Act for man sentenced to 26 years in prison by Mauritius SC for being in possession of over 150 gms of heroin: SC

Supreme Court: In a case where a man was arrested in Mauritius after being found to be in possession of 152.8 grams

Case Briefs High Courts

[Right to Maintenance] Jhar HC | What is the effective date of grant of maintenance? Is it the date of judgment or the date of filing of maintenance application?

Jharkhand High Court: Anubha Rawat Choudhary, J., held that right to claim maintenance must date back to the date of filing the

Case Briefs High Courts

P&H HC stresses upon adopting contemporary methods of investigation rather than taking third-degree shortcuts

Punjab and Haryana High Court: Amol Rattan Singh, J., held that police stations including the interrogation room should be covered by CCTV

Case Briefs High Court Round Up Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

6 Legal Stories of the Week: From High Courts to Tribunals

Some of the interesting legal stories from Week 2 of January 2022 Competition Commission of India (CCI) 1. Is Google abusing dominant