Case Briefs Archives

Labour Disputes| Workman’s permanent address must be mentioned, even if he/she is represented by Union: Supreme Court

The Supreme Court observed that effective relief can be granted to a worker only if the permanent address of the workman is furnished in the pleadings.

Case Briefs High Courts

Karnataka High Court finds sexual harassment in open places like malls ‘highly improbable’; quashes charges

The Karnataka High Court while expressing its shock over unlikeliness of sexual abuse in open places, quashed the charges of sexual harassment and fraud against the petitioner

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds NCLT’s rejection to dislodge resolution plan against POSCO India Processing Center Private Limited

NCLAT observed that allowing present appeal holding the Successful Resolution Applicant ineligible would automatically make the resolution plan redundant.

Case Briefs Supreme Court

Explained| “Important to end a lis”: Why Supreme Court dismissed plea for enhanced compensation for Bhopal Gas Tragedy victims

The Supreme Court was of the view that the Union of India’s claim for a ‘top up’ had no foundation in any known legal principle. Either a settlement was valid, or it was to be set aside in cases where it was vitiated by fraud. However, no such fraud had been pleaded by the Center.

Case Briefs High Courts

Madras High Court imposes cost of Rs.10,000 on RDO for arbitrary refusal of Kattunayakan Community Certificate to applicant’s son and daughter

Madras High Court quashed the rejection order dated 08-11-2022 passed by the RDO with respect to the petitioner’s applications and remitted back the matters to the RDO for passing fresh orders

Case Briefs District Court

Delhi’s Patiala House Court declines injunction on publication of Harper Collins’ book on Asaram Bapu

The Court stated that the doctrine of merger of judgement and orders in common law doctrine are founded on the principles of propriety in the hierarchy of justice delivery system.

Case Briefs High Courts

Delhi High Court dismisses PIL filed seeking directions to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans

The PIL seeks formulation and implementation of a scheme that conclusively addresses the grievances of other home buyers who may not have the capacity to approach courts/forums to seek redressal against builders.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Payment received by assessee from foreign company for business support services cannot be treated as FTS under Art. 12 (5) of India Netherlands DTAA: ITAT reiterates

ITAT noted that an identical issue was subject matter of consideration of the Tribunal in assessee’s own case, hence following the precedent, the Tribunal directed that the payment received in this case cannot be treated as FTS under Article 12 (5) of India Netherlands DTAA.

Case Briefs High Courts

Applications for refund of ITC cannot be rejected merely because of suspicion without any cogent material: Delhi High Court

The Delhi High Court held that the applications for ITC refund cannot be denied merely because of suspicion without any cogent material.

Case Briefs High Courts

Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement

Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.

Case Briefs High Courts

All unilateral appointments of arbitrators are not invalid: Calcutta High Court

Calcutta High Court held that all the unilateral appointment of arbitrators is not invalid unless the arbitrator’s relationship falls within the Seventh Schedule to the Arbitration and Conciliation Act, 1996.

Case Briefs Supreme Court

Initiation of IBC proceedings does not absolve Company Directors/Signatories of criminal liability under Section 138 NI Act: SC

The Supreme Court observed that the scope of nature of proceedings under the two Acts are quite different and would not intercede each other.

Case Briefs High Courts

Bombay High Court dismisses petition against Uddhav Thackeray in disproportionate assets case

While dismissing the petition seeking ED/CBI probe in Uddhav Thackeray income source along with other office bearers of Shivsena party, Bombay High Court held the same to be an abuse of the process of law.

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

Eknath Shinde v Uddhav Thackeray | Supreme Court Constitution bench reserves judgment

Supreme Court reserves judgement in the Maharashtra political crises after hearing rigorous, head-strong arguments from both the Shiv Sena factions for more than a month.

Case Briefs High Courts

Woman’s consent to man’s company cannot be inferred as a consent to sexual liaison: Delhi High Court dismisses bail application of a spiritual guru

The Delhi High Court denies bail to a spiritual guru who on the pretext of helping a woman perform the last rites of her husband, was alleged of having sexual liaison with her.

Case Briefs High Courts

Delhi High Court considers multiplicity of cheque bounce cases vis-a-vis Section 219 CrPC; issues notice to NCTD

It was alleged that each alleged ‘dishonour’ comprised of a separate offence and even if committed on the same date (i.e., within the same year), not more than 03 such offences can be tried by way of a single complaint in view of section 219 Cr.P.C. There is no legal clarity on bar of filing more than three cheques in Section 138 of the NI Act complaint as per Section 219 CrPC; Delhi High Court issues notice to NCTD.

Case Briefs Supreme Court

NGT can direct Pollution Board to exercise its powers under Section 5 of Environment (Protection) Act: Supreme Court

Supreme Court held that it is not necessary to make obtaining of CTE and CTO mandatory and directed the CPCB to ensure that its guidelines are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a petroleum outlet is warranted.

Case Briefs High Courts

Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963

The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement

Case Briefs High Courts

Principle of comity of courts is salutary in nature and cannot override the consideration of best interest and welfare of the child: Karnataka High Court

The Karnataka High Court, while deliberating over a father’s prayer seeking repatriation of his minor son to Germany, dismissed the petition on ground of the child’s best interests and allowed the son to remain with his mother in India.

Case Briefs Supreme Court

KVAT Act| Claims of Input Tax Credit Transaction must be proven beyond reasonable doubt: Supreme Court

The Supreme Court stated that if the purchasing dealer fails to establish and prove the said important aspect of physical movement of the goods alleged to have been purchased by it from the concerned dealers and on which the ITC have been claimed, the Assessing Officer is absolutely justified in rejecting such ITC claim.