Case Briefs Archives

Explained| Can GPU Charities involved in trade claim tax exemption? [Section 2(15) of the Income Tax Act, 1961]

Supreme Court: Interpreting the proviso to Section 2(15) of the Income Tax Act, 1961 (IT Act) introduced by amendment w.e.f. 01.04.2009, the

Case Briefs High Courts

Act of mutual affection between young boyfriend and girlfriend cannot equate with ‘Sexual Assault’ under POCSO Act; Meghalaya High quashes FIR

“In a case of rape or sexual assault, the act not only affects the physical well-being of the victim but would also leave a very deep emotional scar which would require prolonged counselling for the experience and the image to be erased from the mind of the victim. Such an act would have a more profound effect on a child.”

Case Briefs High Courts

The term ‘FLY HIGH’ used by Vistara is common to aviation; Delhi High Court vacates interim injunction granted in favour of Frankfinn

Delhi High Court: In a suit filed by Frankfinn Aviation Services Private Limited (‘plaintiff’) seeking permanent and mandatory injunction restraining

Case Briefs Supreme Court

Non-reporting of POCSO offence despite knowledge a serious offence; Bombay High Court’s quashment of FIR against accused Medical Practitioner unfortunate: SC

“Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”

Case Briefs High Courts

[POSH] Delhi High Court | Baffling to see that a law graduate himself demands assistance of person with legal background for enquiry before Internal Complaints Committee

If the Court would allow such an interpretation, then this provision would become redundant, and a floodgate of law graduates, who may not be enrolled with the bar councils to become an ‘advocate’ but are still practicing law, would pour in. The purpose of keeping the proceedings fact-based and free expert legal advisory, would be lost.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI holds Google to be dominant in the relevant markets for licensable OS for smart mobile devices and app store for Android OS; Imposes penalty of Rs. 936.44 crore

Competition Commission of India: While deciding upon the complaint filed against Google alleging contravention of the provisions of the Competition

Case Briefs High Courts

Patna High Court | Sections 2, 3, 4 and 5 of Bihar Municipal (Amendment) Act, 2021 run contrary to Bihar Municipal Act, 2007 and 74th Constitutional Amendment Act, 1992; held unconstitutional

Patna High Court: A Division Bench of Sanjay Karol, C.J. and S. Kumar, J. declared Bihar Municipal (Amendment) Act, 2021

Case Briefs District Court

Sessions Court rejects Siddique Kappan’s Bail plea in Money Laundering Case

Sessions Court (Lucknow): In a bail application filed by Siddique Kappan for offences under Section 3 of Prevention of Money Laundering Act,

Case Briefs Supreme Court

Appointment based on the recommendation of a search committee, constituted contrary to the provisions of the UGC Regulations, is illegal and void ab initio: Supreme Court

Supreme Court: In an appeal filed against the judgment passed by the Kerala High Court, wherein the division bench of

Case Briefs High Courts

Tripura High Court| Section 63 of the NDPS Act does not bar owner from seeking release of confiscated vehicle after the expiry of 30 days

Tripura High Court: The Single Judge Bench of S.G. Chattopadhyay, J. clarified that when a vehicle is confiscated as per

Case Briefs High Courts

[Senior Citizens Act] Bombay High Court upholds eviction of son and his wife from the premises of mother; Directs son to pay maintenance

Bombay High Court: In a petition filed by the son challenging the order passed by the Sub Divisional Officer, Eastern

Case Briefs High Courts

New settlement deed can be registered only on the presentation of a non-traceable certificate and police complaint in case of loss of a parent document; Madras High Court reiterates

Madras High Court: In a writ petition filed, under Article 226 of the Constitution of India for the issuance of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC directs PMO to revisit denial to disclose report on armed forces pay and allowances

Central Information Commission: In a second appeal filed by the appellant being dissatisfied and aggrieved by the reply furnished by

Case Briefs District Court

Delhi Court convicts accused for disreputing advocate by filing a false complaint before the Delhi Bar Council

“Questioning the honesty of a person is the worst form of accusation and the same can have a serious detrimental effect on the reputation of a person. It would harm the reputation of any person, and especially an advocate, in the estimation of the right-thinking members of society. There is no doubt that such a statement is per se defamatory.”

Case Briefs High Courts

Madras High Court issues directions for making High Court and City Civil Court premises plastic free zone

Madras High Court: In a review application seeking compliance for disposal of plastic wastes and other items that are likely

Case Briefs High Courts

Delhi High Court grants ad interim injunction against Nine Network website for posting defamatory content regarding Oyo Rooms

Delhi High Court: In a suit filed by Oravel Stays Limited doing business as OYO Rooms (plaintiff) is seeking damages

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI bans Mehul Choksi from securities market for 10 years and imposes a penalty of Rs. 5 crores for indulging in fraudulent and unfair trade practices

Securities and Exchange Board of India: Mehul C. Choksi has been restrained from buying, selling or dealing in securities and

Case Briefs Foreign Courts

Constitutional Court of South Africa | Child apprehended for possession and/or use of cannabis, may be referred to civil process; Parliament to bring necessary legislative reforms

“Children are precious members of our society and any law that affects them must have due regard to their vulnerability

Case Briefs High Courts

Uttaranchal High Court | Commercial Court cannot modify arbitral award in absence of manifest and patent error/illegality

Uttaranchal High Court: The Division Bench of Sanjaya Kumar Mishra and Ramesh Chandra Khulbe, JJ. allowed appeals filed by the

Case Briefs High Courts

Kerala High Court grants interim bail to Srilankan refugees accused of illegally immigrating to Canada via Sea

Kerala High Court: In bail applications filed by the accused persons for offences under Sections 511 and 370 read with