Case Briefs Archives

Dismissing Constable from service was an arbitrary act; Meghalaya High Court sets aside BSF Commandant order

The Court said that no proper show cause notice was served to the petitioner, violating the principle of audi alteram partem, thus, the dismissal from service was not in fair play.

Case Briefs Tribunals/Commissions/Regulatory Bodies

To reject application under Sec. 9 IBC, a genuine pre-existing dispute must exist: NCLAT

The National Company Law Appellate Tribunal held that no pre-existing dispute regarding quality of supplied goods exist as the same was not raised before consumption of the goods.

Case Briefs High Courts

[Lulu v. Coolulu] | Karnataka High Court directs Regional Director, Corporate Affairs to pass a fresh and reasoned order in the trademark dispute

In Lulu v. Coolulu trademark dispute, the Karnataka High Court chided the competent authority for not considering the nuances of the dispute properly, which meant that the impugned order did not show even a semblence of application of mind.

Case Briefs High Courts

Andhra Pradesh High Court bans rural sport involving Bulls – ‘Banda Laagudu Poteelu’

The Andhra Pradesh High Court opined that conducting of the play had no legal bar, but it was the responsibility of everyone associated to maintain peace.

Case Briefs Supreme Court

Supreme Court directs States and UTs to send their Menstrual Hygiene Management Policy to Centre

The Supreme Court viewed that it would be appropriate if the Union Government engages with all the State governments and Union Territories to ensure that a uniform national policy is formulated with sufficient leeway for the States and UTs to make adjustments, based on the prevailing conditions in their territories.

Case Briefs High Courts

Delhi High Court upholds constitutional validity of Centre notifications imposing GST on auto, buses booked through Uber

In Aashirward Films v. Union of India, (2007) 6 SCC 624, Supreme Court laid down that a taxing statute for the reasons of functional expediency and even otherwise, can pick and choose to tax some; so long as the classification is reasonable.

Case Briefs High Courts

Delhi High Court restrains 40 rogue websites from illegally hosting, streaming, reproducing, and distributing of original cinematographic work of entertainment companies

The Delhi High Court restrained 40 rogue websites from illegally streaming original copyrighted cinematographic work of Universal City Studios, Warner Bros, Netflix, Disney, and other entertainment companies.

Case Briefs High Courts

Gujarat High Court upholds examination committee’s decision to cancel end semester exam of Nirma University’s law student for indulging in unfair means

The Courtsaid that while determining misconduct one is not to go only by the penalty imposed but the nature of the malpractices committed by the student as well.

Case Briefs District Court

Strip search procedures in prisons violate privacy rights of undertrial prisoners: Greater Mumbai Special Court

The Court of Special Judge under MCOC Act issued directions for conducting search of under-trial prisoners using scanner or electronic gadgets.

Case Briefs High Courts

Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India

It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.

Case Briefs High Courts

Jammu and Kashmir and Ladakh High Court sets aside VDG Scheme, 2022 insofar as it affects the powers and honorarium of the heads of the Village Defence Groups

Village Defence Guard Scheme- 2022 insofar as it denudes the petitioners of their status as SPOs and consequently reduces their remuneration/honorarium is an arbitrary and colourable exercise of power.

Case Briefs Supreme Court

SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim

The Court considered the adoption of uniform format for Judgment and Orders, including paragraphing.

Case Briefs High Courts

Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision

The writ court should not exercise its powers under Article 226 of the Constitution which will obstruct contractual rights between the parties.

Case Briefs High Courts

[Domex v Harpic] A false advertisement campaign would cause irreparable loss to Reckitt; Delhi High Court restrains Domex’s advertisement disparaging Harpic

Delhi High Court observed that it is not necessary that an advertisement must expressly and clearly mention the competitor’s product, it would be impermissible if the disparaged product is likely to be identified as that of a rival.

Advance Rulings Case Briefs

One time premium received on allotment of completed building to attract 18% GST: Gujarat AAR

The Gujarat AAR said that the lease deed nowhere suggests that the consideration received by the applicant is related to construction of complex, building, civil structure or a part thereof. Thus, the question of this transaction falling within the ambit of Sl. No. 5(b), Schedule II, does not arise.

Case Briefs Supreme Court

“Mr Put Mine, Advocate” matter closed as Supreme Court accepts apology

Recently, in a matter one of the advocates of the petitioner was recorded as “Mr. Put Mine, Advocate”. Taking note of the mistake that caused lot of embarrassment to the Court as the same was widely circulated on WhatsApp and other social media, the Court initiated proceedings suo moto.

Case Briefs Supreme Court

‘Pension cannot be denied dehors the authority of law’; SC sets aside BSF Commandant’s conviction, allows him to retain superannuation benefits

The Court said that the search of the Commandant’s house did not result in recovery of any incriminating documents/article and without other materials incriminating the appellant or pointing to his guilt, the statement of a single person alone cannot result in conviction of the Commandant and deprive him of his pension benefits.

Case Briefs High Courts

Public Interest precedes Private Interest; Gujarat HC rejects plea to standstill housing redevelopment scheme of 32-year-old society

When a redevelopment scheme is in the interest of public at large, the entire project cannot be put to a standstill at the behest of few persons (14 petitioners) when 75% of the occupants have consented to the redevelopment process.

unregistered agreement to sell as evidence

Case Briefs Supreme Court

Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment

Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.

Case Briefs High Courts

Allahabad HC grants bail to road accident accused on a condition that he stands near AIIMS holding placards and distributes helmets

Allahabad High Court said that joy ride of four friends converted into a tragic ride, wherein one friend died. The applicant and other co-accused appears to be negligent as they, despite being adult boys, have not discharged their duty to help injured friend in order to provide proper medication.