Case Briefs Archives

Objectionable Facebook comments against Lord Shiva: Allahabad High Court refuses to quash proceedings

Allahabad High Court said that offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.

Case Briefs Supreme Court

Pronouncing unprepared judgments is gross negligence and callousness of Judicial Officer; SC upholds Civil Judge’s dismissal

The Supreme Court upheld the penalty of dismissal of Civil Judge and said that providing an unprepared judgment, fait accompli, is completely unacceptable and unbecoming of a Judicial Officer.

Case Briefs High Courts

Patent infringement requires copying only ‘essential features’ of suit patent; Delhi High Court refuses to grant injunction

The Delhi High Court observed that “Dichotomizing the claims and the accompanying specifications is, therefore, contrary to the most fundamental canons of patent law.”

Case Briefs Supreme Court

Amended Section 153C of the Income Tax Act, 1961 applicable retrospectively to searches conducted prior to 2015 Amendment: Supreme Court

The amendment in Section 153-C of the Income Tax, 1961 was brought and the words “belongs or belong to” were substituted by the words “pertains or pertain to” after a ruling by Delhi High Court in Pepsico India Holdings Private Limited v. ACIT, 2014 SCC OnLine Del 4155.

Case Briefs High Courts

Madras High Court directs Passport Office to process passport application of Sri Lankan refugee

A refugee is neither here nor there. His fate hangs in the balance. He is at some point above ground level in the air in a supportless state – Kraiavin tarkalat tamil akarati

Case Briefs Supreme Court

No penalty leviable under Section 271-C of Income Tax Act on mere belated remittance of TDS by assessee: Supreme Court

The Supreme Court observed that the consequences on nonpayment or belated remittance of the TDS would be under Section 201(1A) and Section 276-B of Income Tax Act, 1961.

Case Briefs High Courts

Pursuing Master of Law Program not to be considered as a break in practice of an advocate: Delhi High Court

The Delhi High Court holds that pursuing Master of Law Program would not be considered as a break in practice of an advocate as per Resolution No. 160/2009 passed by Bar Council of India. Further, the advocate is not required to suspend his enrolment to pursue the said program.

Case Briefs High Courts

[Aarey Car Shed Project] Sending text messages to IAS officer regarding preservation of trees does not constitute offence under S. 186 IPC| Bombay High Court

The accused had pleaded with IAS officer Smt. Ashwini Bhide to look for alternatives so that the trees in the Aarey Forest area, which he has stated to be about 3,500 in number, can be saved during the construction of a car-shed on the same land.

Case Briefs High Courts

Surrender of right to use spectrum before commencement of Finance Act, 2016, not chargeable to service tax; Delhi High Court sets aside service tax demand of Rs. 56 crores against MTNL

The Delhi High Court set aside the demand for service tax of Rs. 56 crores against MTNL holding that the surrender of any right to use the spectrum before 14-5-2016, the date on which the Finance Act, 2016 came into force, will not be chargeable to service tax.

Case Briefs High Courts

Ministry of Information and Broadcasting to conduct stakeholder consultation to make films disabled friendly; Delhi High Court on petition to subtitle movie ‘Pathaan’

The Delhi High Court directed the Ministry of Information and Broadcasting along with other relevant Ministries to hold the consultation with film producers, OTT platforms operating in India, television broadcasters, association of theater owners, organizations consisting of disabled persons, distributors of films and any other stakeholders it may consider appropriate.

Case Briefs High Courts

Resolution Professional under IBC is a ‘public servant’ under Prevention of Corruption Act: Jharkhand High Court

Jharkhand High Court clarified that Section 233 of Insolvency and Bankruptcy Code (‘IBC Code’) gives protection to a resolution professional from criminal prosecution for acts in good faith, and not where he has been apprehended red-handed with the bribe amount.

Case Briefs Supreme Court

Community Certificate cannot be declared fake without hearing the certificate holder: Supreme Court

In the case at hand, as the right to be heard was denied to the community certificate holder, the burden of proof to disprove the nature of the certificate, had not been discharged. Hence, the Supreme Court presumed the community certificate to be genuine.

Case Briefs High Courts

Delhi High Court reprimands absolute bar on disclosure of RTI information to non-citizens for being contrary to the Constitution and object of RTI Act

The Delhi High Court stated that the Constitution of India conferred a large gamut of rights upon Indian citizens and there existed a smaller bouquet of rights which were also recognised and conferred in respect of non-citizens.

Case Briefs High Courts

No proper opportunity given to Defence Council for defending rape convict; Orissa High Court set aside conviction order

Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.

Case Briefs High Courts

Allahabad HC frames Contempt charges against Kanpur Lawyers for continuing strike despite Court orders

7-Judge Bench of Allahabad High Court said that the Kanpur Lawyers by using abusive unparliamentary language and outrageous behavior during the strike period, scandalised and lowered the authority of the Court and undermined the sanctity of the Institution and the dignity of the entire district judiciary, have committed the contempt of Court.

Case Briefs Supreme Court

CIT can revise erroneous order by Assessing Officer causing prejudice to revenue; Supreme Court overrules it’s 2000 verdict

The Supreme Court stated that the erroneous assessment order had resulted in loss of the Revenue in the form of tax. Thus, the High Court had committed a very serious error in setting aside the order passed by the Commissioner passed in exercise of powers under Section 263 of the Income Tax Act.

Case Briefs High Courts

Meghalaya High Court upholds conviction of Ex- Meghalaya MLA Julius Dorphang for minor’s rape

The Meghalaya High Court said that society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Sambhal cold storage collapse incident] NGT orders compensation to heirs of deceased and injured persons

If the business entity involved in hazardous activities fails to pay compensation, the State is liable to pay for the failure to ensure safety. Citizens are entitled to safety from hazards of business activities having potential for incidents which may cause death and injuries.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Law will take its own course”; NCLAT refuses to interfere with NCLT’s order approving Resolution Plan

NCLAT held that that the allocation of meagre amount in Resolution Plan to Creditors can be questioned when the plan value earmarked for them is less than the liquidation value but same is not the case in instant matter.

Case Briefs Supreme Court

E-filing in DRTs, DRATs | Supreme Court balances adoption of technology and access to justice; asks Centre to set up e-sewa kendras; seek Bar Association suggestions

CJI led bench observed that “Technology is an enabler and a facilitator. Hence, no segment of the citizens should be left behind in the adoption of technology, least of all, in terms of access to justice.”