Case Briefs Archives

‘Some contradiction and infirmities in evidence not enough to vitiate prosecution story’; Jharkhand High Court reiterates

Jharkhand High Court concurred with the Trial Court’s decision and held that the prosecution has proved the charge beyond all shadow of doubt which cannot be said to suffer from an error.

Case Briefs High Courts

Madras High Court examines the scope and ambit of S. 174 of CGST Act in context of Notifications issued under the repealed tax regime

The practice and procedure, both pre and post GST are consistent and involve participation of the officer of the DGGI in issuance of show cause notices.

Case Briefs High Courts

Madras HC upholds UGC’s rights and primacy to impose Regulations for conduct of distance education programmes

Madras High Court upheld the right of the UGC to impose Regulation for territorial jurisdiction referring to the primacy given to the UGC under the UGC Act, 1956, as well as Entry 66 of List 1 of the 7th Schedule.

Case Briefs High Courts

Orissa High Court rejects bail of NBFC Director in economic offence case

While rejecting the application for bail under Section 439 of CrPC, Orissa High Court said that the enormity of amount of embezzlement of Rs. 109 crores add to the worries of investors and depositors of the company.

Case Briefs High Courts

Allahabad High Court| Paramedical Council cannot be permitted to grant recognition to institutions providing Paramedical Courses

Paramedical Council of India cannot be permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act.

Case Briefs Supreme Court

No illegality associated with the establishment of Delimitation Commission for the UT of Jammu and Kashmir: Supreme Court

Supreme Court held that there is neither illegality associated with the establishment of the Delimitation Commission, nor anything illegal about the exercise of delimitation of the constituencies undertaken by it.

Case Briefs High Courts

Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional: Telangana High Court

The Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional and the NBFCs operating in the States of Telangana and Andhra Pradesh registered with the RBI will be excluded from the purview of these two enactments.

Case Briefs High Courts

Punjab and Haryana High Court orders for arrest of dismissed Punjab DSP Balwinder Singh Sekhon in Contempt Case

In a case of circulating malicious, libelous and derogatory videos pertaining to the judicial proceedings, the Punjab and Haryana High Court ordered the arrest of dismissed DSP Balwinder Singh Sekhon and another. The Court also directed global blocking of access to all the videos circulated so far.

Case Briefs High Courts

Paucity of funds cannot be a ground for denying payment of salaries; Manipur High Court directs the release of salary due payable for ten years

The Manipur High Court held that paucity of funds could not be a ground for denying payment of salaries and therefore, directed the release of salaries due payable for ten years along with interest at 6% per annum.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In view of moratorium declared by NCLT, all the proceedings in Court, Tribunal cannot continue on account of Amendment to S. 178(6) IT Act: ITAT

ITAT reiterated that IBC has overriding effect on all the acts including Income Tax Act (‘IT Act’) which has been specifically provided under Section 178(6) of the IT Act as amended w.e.f. 01-11-2016.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In what circumstances and conditions, Adjudicating Authority can send back a Resolution Plan to CoC for carrying out changes? NCLAT Answers

In the instant matter an appeal was preferred before NCLAT challenging the order of the Adjudicating Authority remitting a Resolution Plan back to the CoC for reconsideration in accordance with law.

Case Briefs Supreme Court

Authorities cannot be punished for inaction in exercise of power within the prescribed period in the absence of statutory bar: Supreme Court

Supreme Court said that the Allahabad High Court committed a serious error in interpreting Rule 176(4) of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.

Case Briefs High Courts

Delhi High Court directs appearance of Hospital for not adhering to strict timelines under Transplantation of Human Organs Act, 1994

Strict timelines prescribed under the Transplantation of Human Organs Act, 1994, were not being adhered to in taking decisions of organ transplant, therefore, the Delhi High Court directed appearance of hospital on the next date of hearing, failing which costs would be imposed.

National Consumer Dispute Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Failure of duty of care by ICU staff; NCDRC finds compensation granted by SCDRC to be just and adequate

While dealing with a challenge against the order of the State Commission, Delhi, the National Consumer Dispute Redressal Commission found the same reasoned, and the compensation to be just and adequate, thereby dismissing both the appeals.

Case Briefs High Courts

Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains

Allahabad High Court said that the impugned FIR has been lodged by the person who claims to be a victim of conversion obtained by misrepresentation, coercion and allurement, and as per Section 4(e) is the person competent to lodge the FIR.

Case Briefs Supreme Court

“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases

The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.

Case Briefs High Courts

Delhi High Court dismisses PIL filed praying for an amendment in Delhi Prison Rules, 2018 to allow visit of the legal counsel to their clients in Delhi prisons more than twice a week

In matters of policy, the Courts do not substitute their own conclusion with the one arrived at by the Government merely because another view is possible.

Case Briefs Supreme Court

Can Scientist in NTRO be entitled to pensionary benefits, if she is relieved before completion of probation period? Supreme Court answers

Supreme Court held that the respondent could not have been given the pensionary benefits as Scientist -H in NTRO, as before her probation period was completed, she was relieved.

Case Briefs High Courts

Delhi High Court dismisses WinZO’s plea against Google LLC’s download warning

Google LLC’s download warning in respect of all third-party applications was a mere disclaimer and there was no case made out for trade mark infringement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Explained] Election Commission allows Eknath Shinde faction to retain Shiv Sena symbol ‘Bows and Arrows’

The Election Commission in consequence, allowed the Uddhav Thackeray faction to retain the name of ‘Shiv Sena (Uddhav Balasaheb Thackeray)’ and the symbol of ‘Flaming Torch’ as per the October 2022 interim order.