Case Briefs Archives

Madras HC directs State to pay Rs. 2 Lakh compensation to woman falsely accused of immoral trafficking

Madras High Court held that the right of privacy and reputation of the petitioner have been sullied by the act of the police officials for which the State is certainly responsible.

Case Briefs High Courts

Madras High Court directs State to constitute District Medical Board for issuing medical certificates for undergoing surrogacy

While the constitutionality of the Surrogacy (Regulation) Act, 2021 is pending consideration before the Supreme Court, Madras High Court noted that even those who are eligible under the Act are not able to have their treatment procedures done because the authorities concerned are unaware of the procedures to be followed.

Case Briefs Supreme Court

Imported LCD panels classifiable under chapter 90, entry 9013.8010 of Customs Tariff Act: SC

“It is necessary to refer to ‘general rules of interpretation’ of first schedule of Customs Tariff Act, 1975 for the purpose of relevant classification of the goods under CTA.

Case Briefs Supreme Court

‘Candidates cannot taint Selection Process with mala fides on being unsuccessful’; Supreme Court sets aside J&K HC verdict quashing appointment of 64 Drug Inspectors

The Supreme Court observed that having participated in the selection process without any demur or protest, the writ petitioners cannot challenge the same as being tainted with mala fides, merely because they were unsuccessful.

Case Briefs High Courts

Delhi High Court expresses concern over conversion of public places of worship into residence by Priests and Imams

The Delhi High Court took note of the fact that Article 25 of the Constitution of India does not bestow such a right.

Case Briefs High Courts

‘Husband has moral and legal liability to maintain wife, even if he is a professional bagger’: Punjab and Haryana High Court

Keeping regard with the trend of rising prices and the basic needs getting costlier, the Punjab and Haryana High Court said that maintenance awarded by the Trial Court could not be said to be on a higher side.

Case Briefs Supreme Court

Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants

Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.

Case Briefs Supreme Court

Noida’s Grand Venice Mall not a tourist destination; not entitled to freehold rights and tax exemption: Supreme Court

The Supreme Court rejected petitioner company’s claim based on a policy of 2013 amended in 2016 for subject land whose completion certificate was already issued in 2015 since it turns out to be hollow due to its non-applicability on the subject land or the petitioner’s project.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Google LLC for its mark “GOOGLE” and awards Rs. 10 lakhs as damages in a trade mark infringement case

The Delhi High Court granted permanent injunction in favour of Google LLC for its mark “GOOGLE” and awarded Rs. 10 lakhs as damages to Google LLC which was to be paid jointly and severally by the defendants.

Case Briefs Supreme Court

Courts cannot prescribe qualification or declare equivalency of a course, unless the rule itself prescribes equivalency; Supreme Court reiterates

Supreme Court said that the denial of promotion was on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering”, and not because they possess a two-year diploma not three-year diploma.

Case Briefs High Courts

[Non-supply of Inspection Report] Allahabad High Court declares State Government order, cancelling mining lease as arbitrary

Allahabad High Court said that the proceedings against the petitioner based only on inspection report is arbitrary.

Case Briefs Supreme Court

Constitutional Courts can exercise power of imposing a modified or fixed-term sentence even where capital punishment is not imposed or proposed: SC

To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.

Case Briefs High Courts

Failure to take due care while driving and overtaking amount to rash and negligent driving: Delhi High Court

While enhancing compensation in a motor accident claims case, the Delhi High Court opined that rash and negligent driving does not necessarily mean excessive speed. Not taking due care while driving and overtaking amounts to rash and negligent driving.

Case Briefs Supreme Court

‘No inconsistency between Regulation 30-A of IBBI Regulations and Section 12-A of IBC’; Supreme Court sets aside NCLT order

Supreme Court clarified that the substituted Regulation 30-A of IBBI Regulations clearly provided for withdrawal applications being entertained before constitution of Committee of Creditors.

Advance Rulings Case Briefs

Real Estate (Regulation and Development) Act, 2016 applicable only to ongoing projects, and which are to be developed after the commencement of the Act: Odisha RERA

ORERA reiterated that the projects which are completed and for which the completion certificate has been issued by the local or competent authority prior to the commencement of the Real Estate (Regulation and Development) Act, 2016, are not covered under the Act and therefore, has no application to such projects.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT reverses SEBI’s order in Arshad Warsi’s pump and dump case

Securities Appellate Tribunal: In the instant appeal filed against the ex parte ad-interim order passed by the Whole Time Members (WTM) of

Case Briefs High Courts

Rajasthan High Court grants conditional appointment to the post of Prabhodhak (Teacher) vis-à-vis Basic School Teacher Course advertisement

After three rounds of litigation and 15 years of struggle, the petitioners got a conditional order of appointment to the post of Prabodhak.

Case Briefs Supreme Court

‘Transfer of trial to another State will cause serious impediment’; Supreme Court refuses to transfer murder case trial outside State of West Bengal

Supreme Court commented on the patent illegalities and the pro-active exercise of multiple jurisdictions in the instant case.

Case Briefs High Courts

Whether a promise of marriage is false from its inception or is there a possibility of breach of promise? Madhya Pradesh High Court examines

Madhya Pradesh High Court observed that “Only a false promise to marry made with an intention to deceive a woman would vitiate the woman’s consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise.”

Case Briefs Supreme Court

No person accused of trading commercial quantity of narcotics is liable to be released on bail unless Court is satisfied of reasonable grounds proving innocence| SC

A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.