Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once Resolution Plan approved and submitted to Adjudicating Authority, it cannot be sent back for re-consideration: NCLAT

In matter related to reconsideration of Resolution Plan after approval, NCLAT held that thought the object of the CIRP is maximisation of value of the Corporate Debtor, but the said maximisation must be achieved within the timeline provided in the scheme.

Case Briefs High Courts

Madras High Court sets aside 2012 sexual harassment case against Aurobindo Ashram Trust

In 2012, Pondicherry District Collector had initiated inquiry against the Aurobindo Ashram Trust following allegations of sexual harassment, suicide of inmates and serious malpractices in the functioning of the school run by the Ashram, made by an inmate, Vishnu Lalit Singh, and a then MLA Ashok Anand.

Case Briefs Supreme Court

Supreme Court sets aside Orissa HC order against Lokayukta’s direction to conduct preliminary inquiry against MLA; says Natural Justice principles not followed

Since the Odisha Lokayukta was not given any opportunity of being heard when the Division Bench of Orissa High Court set aside the inquiry order, the Supreme Court held the same as a manifest error in violation of the principles of natural justice.

Case Briefs High Courts

Divorced Muslim woman is entitled to claim maintenance under S. 125 CrPC even after iddat and for whole life, unless she remarries, Allahabad High Court reiterates

Allahabad High Court sets aside Family Court’s order holding that divorced Muslim woman is not entitled for maintenance under Section 125 CrPC

Case Briefs High Courts

[Right to Way] Delhi High Court permits demolition of parts of Mandir and Masjid to make the pedestrian pathway uniform

The Delhi High Court held that places of worship could not encroach on public land and therefore, permitted demolition of parts of Mandir and Masjid to make pedestrian pathway uniform.

Case Briefs High Courts

‘Trial Court has taken custody of accused without following the settled proposition of law’; Allahabad High Court grants bail to accused in PMLA case

Allahabad High Court said that there was no requirement to take the accused into custody when he appeared before the Trial Court and cooperated in the investigation throughout, and the Investi gating Agency has never thought to arrest him under Section 19 of the PMLA

Case Briefs Foreign Courts

US District Court | Texas’ anti-abortion laws do not have extra-territorial operation and cannot regulate abortions that take place outside the State of Texas

While deliberating over the case filed by non-profit abortion funds operating in Texas, the US District Court held that Texas’ Attorney General cannot enforce Texan anti-abortion laws outside the State of Texas

Case Briefs High Courts

[JEE Advanced 2022] Delhi High Court allows a meritorious EWS student to continue his course against a supernumerary seat provisionally allotted on default of seat allocation fee payment

The supernumerary seat was created by the respondents on their own and there was no direction for same in the interim order, thus, the caveat in the interim order that no equities would flow in favour of the petitioner, will not come in the way of the petitioner’s continuation against the said seat.

Case Briefs High Courts

Swayamvar in holy books enforced as fundamental right by Article 21 of Constitution: Punjab and Haryana High Court

Punjab and Haryana High Court allowed quashing of FIR against the petitioner, while upholding the right to marry by one’s own choice.

Case Briefs High Courts

Agnipath has an objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert; Delhi High Court upholds the constitutional validity of Agnipath scheme

The Agniveer Scheme will increase the ‘leader to led ratio from 1.1 to 1.28; a ratio that would aspire confidence and would ease the pressure of the forces on the ground.

Case Briefs Supreme Court

Classification of ‘pushtaini’ and ‘gair-pushtaini’ landholders bad in law, creates dissonance between Land Acquisition Act’s object and effect: Supreme Court

The Supreme Court opined that even if such a classification had a rational nexus to the objective of the notification, the classification must also be legitimized by the parent statute.

Case Briefs High Courts

Delhi High Court directs the Ministry of Science and Technology to release scholarship amount under the INSPIRE Scheme along with Rs. 50,000 as costs, for denying scholarship to an EWS student

In a case where scholarship amount was denied to an EWS student, the Delhi High Court directed the Ministry of Science and Technology to release the third installment of scholarship amount under the INSPIRE Scheme along with Rs. 50,000 as costs

Case Briefs Supreme Court

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs High Courts

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.

Case Briefs High Courts

Delhi High Court allows late registration of a class XI student for Board exams with CISCE subject to payment of pending fees

The Court remarked that any order/direction passed by the instant Court may not be construed as extending any concession to the student in payment of fees to the school, which is a private unaided school.

Case Briefs High Courts

Madras High Court | Section 138 NI Act: Bribe for securing job cannot be held as a loan or money transaction

The accused not only cheated the complainant and committed an offence under Sections 420 IPC, but also, as a public servant, he obtained other than the legal remuneration and committed offence.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT provides time-bound opportunity to Resolution Professional and CoC to revive Corporate Debtor

In a case related to rejection of Resolution Plan by the Adjudicating Authority, which was once approve the Adjudicating Authority, the Tribunal opined that the Adjudicating Authority was right on non-approval of the Resolution Plan as the Adjudicating Authority’s order was not followed in its true spirit.

Case Briefs District Court

“Claim based on oral agreement is outrightly unacceptable”; Gurgaon District Court dismisses Property Suit

While dealing with a suit for execution of sale deed of property filed in 2014, which was allegedly bought in 1992 through oral agreement, the Gurgaon District Court found the same based on forged and fabricated documents and refused to allow the claim.

Case Briefs High Courts

Delhi High Court | Uniform for advocates to have white band not black ties; Interns to wear white shirt and black ties along with black pants and black coats

Under the Advocates Act, 1961, Section 49 vests powers in the Bar Council of India to make rules over a variety of subject matters.

Case Briefs High Courts

Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court

Madras High Court held that the wife is entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs.