Case Briefs Archives

[Corrigendum] S.R. Bommai v. Union of India, (1994) 3 SCC 1

Corrigendum (1994) 3 SCC 1—S.R. Bommai v. Union of India Para 110 is corrected as follows: At page 122b for

Protection of Wild/Captive Elephants| Supreme Court empowers High-Powered Committee constituted by Tripura High Court; extends jurisdiction to PAN India

Supreme Court empowered the High-Powered Committee constituted by Tripura High Court with jurisdiction across India for advancement of the cause of welfare, care and rehabilitation of elephants and other wild animals.

Case Briefs High Courts

Delhi High Court directs GNCTD to undertake special recruitment drive for filling up backlog of vacancies for Persons with Disabilities

The present PIL was filed by the National Federation of the Blind challenging the inaction on the part of the State (respondent) in filling up the vacancies which are reserved for Blind and Low Vision candidates.

Case Briefs High Courts

Electricity connection cannot be refused due to outstanding dues of erstwhile owner: Jharkhand High Court

Jharkhand High Court quashed the communication by JBVNL rejecting electrical connection due to outstanding dues of the erstwhile owner of the premises.

Case Briefs Supreme Court

Review application cannot be used as an Appeal in disguise, reiterates Supreme Court

“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court

Case Briefs High Courts

Delhi High Court reprimands owners of TVF web series ‘College Romance’ over “obscene, lascivious and profane language”

The Delhi High Court upheld the order of ASJ to register an FIR under the provision of the Information Technology Act, 2000 against the petitioner, however, clarified that the same does not include the direction to arrest any of the accused or petitioner.

Case Briefs High Courts

Delhi High Court directs the Passport Authority to expeditiously decide Mehbooba Mufti’s fresh passport application

The Central Government Standing Counsel apprised the Court of the order dated 02-03-2023 which had set aside the order dated 26-03-2021 and remanded back the matter to the Passport office for re-examination.

Case Briefs Supreme Court

Explained| Why Supreme Court dismissed MSEDCL’s appeal against compensation to Adani Power and GMR Warora Energy due to ‘Change in Law’?

The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Relief for Homebuyers] NCLT approves resolution plan of Suraksha Realty in Jaypee Infratech case

The National Company Law Tribunal (Delhi Bench) passed orders in favour of aggrieved homebuyers ordering JAL/JIL/Jaypee/RP to continue with adjusting the delay compensation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Advance paid for purchase of shares of Corporate Debtor does not fall under definition of Financial Debt: NCLT

NCLT held that the amount of advance paid for purchase of shares of the Corporate Debtor does not fall under the definition of Financial Debt as it was not disbursed against the consideration for the time value of money.

Case Briefs High Courts

Delhi High Court allows a woman to terminate 28 weeks pregnancy due to existence of “substantial foetus abnormalities”

The Delhi High Court allowed termination of 28 weeks pregnancy of a woman as the Medical Board from AIIMS diagnosed some “substantial abnormalities” in the foetus.

Case Briefs High Courts

Delhi High Court grants bail to an accused alleged of duping customers into taking loans through Chinese mobile application ‘Agile Loan’

It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.

Case Briefs High Courts

Availability of Alternative Remedy is not an absolute Bar to challenge re-opening of assessment: Madhya Pradesh High Court

The Madhya Pradesh High Court held that alternative remedy is not absolute bar for examining conditions to issue reassessment notice and admitted the petitions for the final hearing.

Case Briefs Supreme Court

Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial

The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.

Case Briefs High Courts

Delhi High Court holds plea regarding ‘invalidity of registrations’ granted in favour of the trademark BURGER KING as untenable

Delhi High Court observed that no issue regarding the validity of the registrations of trademarks of the plaintiff is liable to be framed in the facts and circumstances of the present case.

Case Briefs High Courts

Rajasthan High Court seeks suggestions from the Government and BCI to protect advocates from violence and harassment meted out while discharging their duty

The Court sought assistant of BCI and directed to implead its Secretary in the present petition and accordingly issued notice to BCI who may come up with appropriate suggestions in the matter towards framing of guidelines.

Case Briefs Supreme Court

Land Acquisition| In public purpose schemes, Authority should be given the time allotted to it by the Statute for doing certain things: Supreme Court

Supreme Court held that Madhya Pradesh High Court was not justified in quashing the entire Scheme providing for other connected land use, on the ground that the same has lapsed under Section 54 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

Case Briefs High Courts

“Newborn baby includes both ‘full term’ or ‘pre-term’”; Bombay High Court directs payment of insurance claim

Bombay High Court rejected the insurance company’s contentions and directed them to pay the claim of Rs 11,05,953 to the petitioner with interest and Rs 5 lakhs as costs of litigation.

Case Briefs High Courts

Delhi High Court deletes remarks in the orders passed by the Trial Court against police officers

The Delhi High Court opined that passing comments like “negligent” and “insensitive” might impair a person’s confidence, work, and reputation, thus, the Court deleted remarks in the orders passed by Trial Court against police officers.

Case Briefs Supreme Court

Desirable if High Courts maintain a hands-off approach and not quash FIRs in corruption cases at the stage of investigation: Supreme Court

Supreme court said that if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives