Case Briefs Archives

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.

Case Briefs High Courts

Kanpur Bar Association Strike| Seven-Judge Bench of Allahabad HC directs Kanpur Lawyers to resume work

7-Judge Bench of Allahabad High Court said that despite sincere efforts being made by this Court, the lawyers are adamant not to perform their work in the Court and their actions are creating hurdle in dispensation of justice, which is nothing but a sort of contempt of Court.

Case Briefs Supreme Court

‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case

The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.

Case Briefs High Courts

Allahabad High Court condemns ASI for not filing carbon dating report of Shivlingam inside the Gyanvapi Mosque

Allahabad High Court said that things cannot be kept pending for long when the matter has an element of high publicity all over the country. This Court will not permit any authority to occasion delay on the pretext of the submission of the desired report of the Archaeological Survey of India.

Case Briefs High Courts

Delhi High Court refuses bail to former AAP leader Satyender Jain, co-accused Vaibhav Jain and Ankush Jain in money laundering case

The petitioner Satyendar Kumar Jain is an influential person and has the potential to tamper with the evidence as indicated by his conduct during custody.

Case Briefs Supreme Court

28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders

Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.

Case Briefs High Courts

Suits not to be dismissed on technical grounds of procedural irregularity: Delhi High Court

The Delhi High Court opined that that technicalities and procedural defects, which do not go to the root of the matter, should not be permitted to defeat a just cause, more so in cases where suits are initiated or defended on behalf of public corporations.

Case Briefs Tribunals/Commissions/Regulatory Bodies

State cannot escape liability for violation of environmental norms and negligence by its authorities; responsible to compensate the victims of illegal mining: NGT

NGT said that though basic liability is of violator of law, where law violator is not made to pay compensation, the State is liable to pay compensation as per its duty as a welfare State

Case Briefs High Courts

Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence

Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence

Advance Rulings Case Briefs

Supply of goods to overseas customer is treated neither as ‘supply of goods’ nor as ‘supply of services’: Karnataka AAR

Karnataka AAR said that there were two transactions involving the applicant. The first transaction is of supply of goods by the manufacturer to the applicant and the second transaction is of supply of the same goods by the applicant to an overseas customer.

Non-compliance of section 50 of NDPS Act

Case Briefs Supreme Court

Supreme Court issues notice to Intelligence Officer for non-compliance of Section 50 of the NDPS Act

The petitioner relied upon S.K. Raju v. State of West Bengal, (2018) 9 SCC 708 which had observed that wherever the search of a person takes place, the requirement of mandatory compliance of Section 50 of NDPS was attracted, irrespective of whether the contraband was recovered from the body of the person or not.

Case Briefs High Courts

New owners not liable for past dues and entitled to new connections despite refusal to pay, if nexus is not proved: Calcutta High Court

Calcutta High Court observed that no sum due will be recoverable from any consumer after a period of two years from the date when such sum first became due unless such sum was shown continuously recoverable as arrears of charges of electricity supply.

Advance Rulings Case Briefs

18 percent GST rate applicable on sale of independent running business divisions: Karnataka AAR

Karnataka AAR said that transfer of ‘staffing business’, in sale of independent running business division, amounts to “supply of services” and not “supply of goods” under Sections 2(52) and 2(102) of CGST Act.

Case Briefs Supreme Court

‘Denying security clearance to a Media Channel for critical views has ‘chilling effect’ on Press Freedom’: Breakdown of Supreme Court’s Media One Verdict

The Supreme Court held that the critical views of the Media One News Channel on Government policies cannot be termed ‘anti-establishment’ as the use of such a terminology in itself, represents an expectation that the press must support the establishment.

Case Briefs High Courts

Delhi High Court | CPIO, PIO, CIC cannot assess the impact of disclosure of confidential information in anti-dumping proceedings; No inconsistency between RTI Act and Anti-Dumping Rules

The concept of exporting goods into the international market at lower prices came to be known as ‘Dumping’. The General Agreement on Tariffs and Trade (GATT) recognises the right of countries to bring in anti-dumping frameworks to deal with issues relating to dumping.

Case Briefs High Courts

‘No prohibited animal or any meat of progeny of cow has been recovered’; Allahabad HC grants anticipatory bail to accused in Cow Slaughter case

Allahabad High Court said that keeping cows and calf as pet animals is a common practice in the villages irrespective of caste, creed and religion

Case Briefs High Courts

‘Ugly haste has been shown by the Trial Court’; Patna High Court orders fresh trial in POCSO case which concluded in one working day

The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.

Case Briefs High Courts

Jharkhand High Court quashes order by jail authorities of blacklisting food supplier for 5 years

The Jharkhand High Court said that a show cause notice specifying grounds for the proposed action is mandatory in order to enable the other party to answer the case before passing blacklisting orders.

Case Briefs Supreme Court

‘Sealed Covers violate natural and open justice’: The Why-What-How of ‘Public Interest Immunity proceedings’, the ‘fairer’ alternative suggested by Supreme Court

Observing that the sealed cover procedure violates both principles of natural justice and open justice, the Supreme Court has held that the public interest immunity proceeding is a less restrictive means to deal with non-disclosure on the grounds of public interest and confidentiality.