Case Briefs Archives

When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court

Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.

Case Briefs High Courts

Patna High Court rejects anticipatory bail plea of an IPS Officer who hired a conman to pose as the Chief Justice of the Patna High Court to influence the corruption probe against him

The Patna High Court rejected the anticipatory bail plea of an IPS Officer who hired a conman to pose as the as the Chief Justice of the Patna High Court and to make calls to other officers for taking decision in his favour in a corruption case against him.

Case Briefs Supreme Court

Banks must hear borrowers before classifying their accounts as fraud as it may lead to its ‘civil death’: Supreme Court

The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.

Advance Rulings Case Briefs

Gujarat AAR| 28 percent GST rate is applicable on PVC floor mats used in Four-wheel Motor Vehicles

The Gujarat AAR ruled that the PVC foot mats used in cars are classified under CTH 8708 and attract 28 percent GST

Case Briefs Supreme Court

Complaints with ‘highly disputed questions of facts’ cannot be decided by Consumer Disputes Redressal Commission/Forum: Supreme Court

Supreme Court quashed the original complaint and said that respondent miserably failed to discharge his burden to prove deficiency in service on part of the bank.

Case Briefs High Courts

Kerala High Court quashes withdrawal of nomination of Senate Members of Kerala University by the Chancellor

Kerala High Court concluded that the process of nomination of Senate Members is not an act of constituting an agent or mouthpiece to speak his master’s voice.

Case Briefs High Courts

Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer

Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.

Case Briefs Supreme Court

High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement

“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court

Case Briefs High Courts

“A class of its own in the category of frivolous cases”: Gauhati High Court berates counsels who signed Vakalatnama for non-existent petitioner

Gauhati High Court was faced with a peculiar case where “petitioner” had followed every rule in the book to file a well-planned petition; however, in reality the petitioner did not exist!

Case Briefs Supreme Court

Affinity test not integral for determining the correctness of a caste claim: Supreme Court

Supreme Court held that when an affinity test is conducted by Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim

Case Briefs High Courts

Delhi High Court set aside delayed show cause notice issued by Revenue Department under IT Act

The Delhi High Court observed that there was an unexplained substantial delay in issuing the impugned Show Cause Notice dated 09-11-2017 and thus, is inexcusable in the eyes of law

Case Briefs High Courts

Unilateral action of bank withholding security documents is illegal and arbitrary: Kerala High Court

Kerala High Court held that once loan is repaid, the bank is not entitled to withhold the title deed merely on the grounds that the petitioner has transferred the property during the subsistence of mortgage.

Case Briefs Supreme Court

Supreme Court refuses to relax wildlife declaration time under Wild Life (Protection) Act, 1972; upholds Kerala High Court Division Bench’s decision

Supreme Court refused to allow relaxation of time for declaration of custody or possession of any captive animal or animal article.

Case Briefs High Courts

Delhi High Court set aside 1-year suspension of BJP MLA Vijender Gupta of Delhi Legislative Assembly

Delhi High Court observed that on perusal of the summary of proceedings, it was clear that there was disturbance caused during the sitting of the House by the petitioner and the ruling party members.

Case Briefs High Courts

[Right to be forgotten]|Orissa High Court directs State to remove intimate video of the victim from all social media platforms

Orissa High Court said that the legal possibilities of being forgotten On-line and Off-line, cries for widespread debate. It is also an undeniable fact that the implementation of the right to be forgotten is a thorny issue in terms of practicality and technological nuances.

Case Briefs High Courts

Can the Insolvency Court adjudicate upon the validity of Sale Deed without Section 53 application under Provincial Insolvency Act? Andhra Pradesh High Court answers

The Andhra Pradesh High Court directed the Official Receiver to cancel the sale deed as the same was without application of Section 53 of Provincial Insolvency Act.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967

Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.

Case Briefs High Courts

Recovery of penal rent from Air India employees for occupying Air India Colony held unlawful: Delhi High Court

The Delhi High Court held that without following due process of law, no penal rent could be deducted from the salaries of the employees of Air India Limited who failed to vacate the allotted accommodation.

Case Briefs Supreme Court

“Rule 3A(2) of Tripura Sales Tax Rules, 1976 does not change the chargeability or liability to pay tax”: Supreme Court upholds validity

Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.

Case Briefs High Courts

Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case

Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.