Case Briefs Archives

KAAR| Input Tax Credit can be claimed on trade of fresh and semi processed meat products and packed cold cuts spices and masala powder

KAAR ruled that input tax credit must be availed in terms of Section 16, 17 of Central Goods and Services Tax Act, 2017 read with Rule 42 of CGST Rules, 2017.

Case Briefs High Courts

Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal

An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle

Case Briefs High Courts

“Institutional framework in National Trust Act not confined only to persons with autism, cerebral palsy, and mental retardation”; Madras High Court allows appointment of legal guardian for schizophrenic woman

Madras High Court stated that the expression “person suffering from multiple disability” under 1999 Act will be equivalent in meaning to “person with benchmark disability” under Persons with Disabilities Act, 2016. Thus, allowed the petitioner to be appointed as a guardian to her sister, suffering from schizophrenia.

Case Briefs Supreme Court

Supreme Court strikes balance; 20-year-old pregnant woman’s child to be adopted by couple registered with CARA

The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.

Case Briefs High Courts

Madras High Court| Non-signatories can join as parties to arbitral proceedings, if they are the ‘alter ego’ of the signatory

Madras High Court held that the petitioners are not entitled to join respondents 3 to 5 as parties to arbitral proceedings, as they do not qualify as “alter egos” of the first respondent or as successors-in-interest.

Case Briefs Supreme Court

Revision of pay| VRS Employees or those who were terminated or dismissed cannot claim parity with those who retired on superannuation: SC

The Court was deciding the case where the ex-employees of Maharashtra State Financial Corporation had challenged decision denying the benefit of revision of pay scales, as recommended by the Fifth Pay Commission, to the employees who had retired or died during the period of 01.01.2006 to 29.03.2010.

Case Briefs High Courts

Delhi High Court applies the rule of ‘contra proferentem’ to uphold the arbitral award not being hit by ‘patent illegality’

The ground of Patent illegality gives way to setting aside an Arbitral Award with a very minimal scope of intervention. A party cannot simply raise an objection on the ground of patent illegality if the Award is simply against them. Patent illegality requires a distinct transgression of law, the clear lack of which thereof makes the petition simply a pointless effort of objection towards an Award made by a competent Arbitral Tribunal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal | Adjudicating Authority cannot direct Resolution Professional to pay lease amount during CIRP

National Company Law Appellate Tribunal held that Adjudicating Authority cannot direct Resolution Professional to pay lease amount under Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016, during CIRP

Case Briefs Supreme Court

Mere availability of an alternative remedy of appeal or revision would not oust High Court’s jurisdiction and render a writ petition “not maintainable”: Supreme Court

The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.

Case Briefs High Courts

Whether Air Force Group Insurance Society, Air HQs Non-public Fund Organization, and CRPF Employees Educational Society be treated as ‘State’ under Article 12? Delhi High Court rules

Even though petitioners have claimed that deduction of an amount of their contribution to the Society is permitted by the Ministry of Finance and that the land to run the Society is allocated by the Government, we find that purpose to provide aid in the form of sanction and land to the Society is to enable it to function smoothly to the benefit of its members. However, this does not establish that these functionaries are being run by the Air Force or the Central Government.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Nature of Financial Debt does not change on account of breach of consent terms | NCLAT

While upholding the NCLT’s order of admission of fresh application and initiation of CIRP against the Corporate Debtor, the Tribunal held that the nature of financial debt would not change on account of breach of the consent terms.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Explained| Supreme Court’s order modifying guidelines given in 2018 Euthanasia Judgment

5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.

Case Briefs High Courts

P & H High Court denies bail to Punjab IAS Officer, Sanjay Popli in corruption case

A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.

Case Briefs High Courts

Madras High Court directs Union to consider passport application of Srilankan refugees’ daughter

Madras High Court permitted Srilankan refugees’ daughter to apply for passport under Section 20 of the Passports Act and directed the Central Government to consider her application and pass order.

Case Briefs High Courts

Non-Applicant does not have a locus-standi to challenge appointment of Junior Assistants for being a stranger; Madras High Court rejects petition

The recruitment process to any public post should be conducted in a fair and transparent manner. If the candidates are selected by any criterion other than merit and efficiency, the public authority will suffer for all the times to come. It is in the public interest that the process of selection and appointment should be transparent to make it foolproof from corrupt practices.

Case Briefs High Courts

Rehabilitation cannot be rejected to jhuggi dwellers only on the ground that their names are not in the voter list: Delhi High Court

The Delhi High Court held that rehabilitation could not be rejected to jhuggi dwellers only on the ground that their names were not in the voter list and the Court further held that the Appellate Authority would have to consider all other documents as well before arriving at a conclusion as to whether the jhuggi dwellers were entitled to rehabilitation or not.

Case Briefs High Courts

Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?

All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | IBC overrides Limitation Act; Delay beyond period of 45 days cannot be condoned

While adjudicating an appeal file with a delay of 55 days, the Tribunal held that S. 238 IBC overrides S. 12 of the Limitation Act, 1963 and therefore this Tribunal does not have power to condone a delay beyond a period of 45 days.

Case Briefs High Courts

Delay cannot be condoned under Payment of Gratuity Act by taking the aid of the provisions of Limitation Act: Kerala High Court

Kerala High Court perused Section 29(2) of the Limitation Act, 1963 and Section 7(7) of the Payment of Gratuity Act, 1972 and held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Limitation Act.

Case Briefs High Courts

Delhi High Court directs Government to issue a circular for non-disclosure of identity of the minor seeking medical termination and her family in the report of registered medical practitioner to police

The Delhi High Court directed the Government to issue a circular to the effect that in case of any minor’s guardian or family approaching any Registered Medical Practitioner (RMP) for termination of pregnancy of the minor, the identity of the minor, guardian, or the family, should not be disclosed in the RMP’s report to the police, if a request to that effect was made by the guardian or the family to the RMP.