Case Briefs Archives

Delhi High Court imposes fine of INR 50,000 for filing a petition with an oblique motive to vilify judges

The Delhi High Court held that “the petition was a mala fide attempt to throw mud on the reputation of the incumbent and is a gross abuse of process.”

Case Briefs High Courts

Procedures for empanelment of lawyers in Banks not in compliance with Constitutional mandate; Madras HC directs Nationalised Banks to reform their system of selection

Madras High Court said that whether it is contractual employment, temporary engagements or otherwise, the procedure to be adopted by Banks must be transparent and in compliance with the mandates of the Constitution.

Case Briefs Supreme Court

Explained| Supreme Court’s judgment on classifying borrower’s accounts ‘fraudulent’ by Lender Banks vis-a-vis Audi Alteram Partem

‘Audi alteram partem application cannot be impliedly excluded under the Master Directions on Frauds.’

Case Briefs Supreme Court

[Enrolment fees] Supreme Court issues notices to Union Government, Bar Council of India and State Bar Councils

Supreme Court will be examining the validity of exorbitant enrolment fees charged by State Bar Councils

Case Briefs Tribunals/Commissions/Regulatory Bodies

Reopening of the assessment is indemonstrable in law as reasons inserted in Section 147 IT Act were not considered as evidence: ITAT

It is a trite law that the reasons, as recorded for reopening the reassessment, are to be examined on a standalone basis to determine the validity of proceedings under section 147 IT Act.

Case Briefs High Courts

Outstanding from forex fluctuations are not ‘proceeds of crime’ under the PMLA Act: Telangana High Court quashes ED case against Sukesh Gupta, Director of MBS Jewellers

The Telangana High Court quashed ED case against Sukesh Gupta and opined that the differential amount of rupee dollar fluctuation could be termed as an outstanding which could be recovered in a civil suit but could not be termed as ‘proceeds of crime’.

Case Briefs High Courts

Delhi High Court changes the status of Look Out Circular; directs immigration authorities to inform SFIO about former Director of Techpro Systems Limited arrival and departure

The Court opined that the present case would fall under the Office Memorandum which stated that “where there is no cognizable offence under IPC and other penal laws, the LOC subject cannot be detained/arrested or prevented from leaving the country.”

Case Briefs Supreme Court

Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case

Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.

Case Briefs High Courts

Accused cannot rid themselves of liability by saying that they secured arms licenses through Arms dealer: Allahabad High Court

Allahabad High Court said that the proceedings involve the widespread issue of fake arms licenses, and it is natural that insiders in the Collectorate Office would also be involved in a matter of this magnitude.

Case Briefs Supreme Court

Supreme Court sets aside Punjab and Haryana HC’s reduction of sentence in rash and negligent driving case

Supreme Court said that the High Court did not properly consider the instant case of rash and negligent driving, and that the principle aim and object of IPC is to punish offenders.

Case Briefs High Courts

Delhi High Court upholds bail granted to the former director of BPSL Aarti Singhal in Bhushan Steel scam

Delhi High Court observed that in absence of any cogent, supervening circumstances necessitating cancellation of bail of the respondent/accused, the Court cannot merely cancel the bail so granted.

Case Briefs High Courts

Cases where relationship turns sour cannot be inferred that the physical relationship established on every occasion was against will; Bombay High Court discharges accused in false promise of marriage

Bombay High Court commented that refusal to discharge the accused merely with an observation that intercourse was forcible at some time cannot be said to be a justified exercise of power.

Case Briefs High Courts

Delhi High Court refuses bail to Justdial employee alleged of duping people on the pretext of getting their loans sanctioned under the ‘PM Mudra Loan’

Delhi High Court noted that the applicant was working at Justdial in December 2016 as a Relationship Manager and was actively involved in supplying data to his co-accused persons and his link with the said co-accused persons.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT cannot condone delay beyond 15 days in appeal due to lack of jurisdiction even if fraud has been played

National Company Law Appellate Tribunal observed that as per S. 61(2) every appeal must be filed within 30 days before the Appellate Tribunal and the Appellate Tribunal has the jurisdiction to extend the period of 15 days if it is satisfied that there is a sufficient cause for not filing the appeal within the prescribed time.

Case Briefs High Courts

Delhi High Court directs MoEF to review DOAS technology for regulatory measurements of ambient air quality under NAAQS

The Review Report submitted by IIT Kanpur on DOAS Technology for the Measurement of Gaseous Air Pollutants in Ambient Air recommended DOAS technologies for regulatory measurements of ambient air quality under NAAQS.

Case Briefs High Courts

Insurance Companies have right to repudiate claim on non-disclosure of existence of previous policies during taking any fresh policy: Allahabad High Court

Allahabad High Court rejected the contention of the petitioner that since forms are filled up by the agents/officers of LIC, anything omitted would not constitute ground for repudiation/rejection of the claim.

Case Briefs High Courts

Interim Relief to ‘Phonepe’ denied in trademark infringement suit; Trademarks ‘phonepe’ and ‘postpe’ have no phonetic similarity: Bombay High Court

The court while denying the interim relief to ‘Phonepe’ said that it is settled law that when the plaintiff fails to make out a prima facie case in its favor, the aspects of grave and irreparable loss in the absence of interim reliefs and balance of convenience pale into insignificance.

Case Briefs District Court

‘Minor’s statement not trustworthy’; Dhanbad POCSO Court acquits accused of rape

Dhanbad POCSO Court said that allegation of informant based on an inquiry in a secret manner that rape, and unnatural offence has been committed against victim child could not be established and prosecution’s case against the accused persons remains doubtful.

Case Briefs High Courts

Promissory estoppel inapplicable in a situation where a student has knowledge about failure in examination: Orissa HC holds ‘Charan Panda case’ to be bad in law

Orissa High Court said that it is no doubt true that the Courts have, more often than not, leaned in favour of the students, but as the things stand, a line must be drawn between cases where there have been a bona fide error and cases where the circumstances are dubious.

Case Briefs High Courts

Services provided by EY India to overseas EY entities are not “intermediary services”; Delhi High Court directs processing of ITC refund applications filed by EY India

The Delhi High Court held that Ernst and Young Ltd. is not an ‘intermediary’ under the IGST Act, as it does not arranges or facilitates services to overseas EY entities from the third parties but only renders services to them.