Case Briefs Archives

Effect of estoppel cannot be warded off by persons claiming through the one whose conduct generated such estoppel: Supreme Court

In a suit property where father executed a release deed for relinquishment of rights for valuable consideration, Supreme Court held that the effect of principle of estoppel cannot be warded off by appellants claiming through their father whose conduct generated this estoppel.

Case Briefs High Courts

Delhi High Court directs Union to release of Rs. 5 crores to AIIMS, Delhi for treatment of children suffering from Rare Diseases

The Court directed Union of India to place on record an affidavit within a period of one week giving the complete information of the funds released from the Rare Diseases Fund to various Centres for Excellence and the number of patients for whom treatment has been approved till date.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether Corporate Debtor can raise pre-existing dispute in reply to the petition filed under Section 9 IBC in case demand notice issued under Section 8 of IBC is not replied? NCLAT answers

In the instant matter, the petitioner preferred an appeal challenging the order of Adjudicating Authority dismissing application in view of the “pre-existing dispute”. NCLAT held that when the reply to Demand Notice was not filed within 10 days, the Corporate Debtor is not precluded from raising the question of dispute or pleading that there is no amount due and payable.

Case Briefs High Courts

First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Case Briefs High Courts

Delhi High Court upholds LOC issued by SFIO for alleged siphoning off public funds of public sector banks and financial institutions

LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.

Case Briefs High Courts

Delhi High Court lays down guidelines for convicts suffering work related amputation or life-threatening injury in jail

As there was no monitoring or remedial mechanism available to address the legitimate grievances and prayers for being compensated for work related injuries sustained by a convict-inmate while serving sentence, the Delhi High Court laid down certain guidelines that would be applicable only in the case of amputation, or any other life-threatening injury, arising out of work-related injury, sustained by the convict.

Case Briefs High Courts

Delhi High Court directs BSNL to initiate departmental action against officers on allegations of criminal conspiracy relating to Cellular Mobile Network’s Phase-VII Expansion tender

The Status Report submitted by CBI suggested that a departmental inquiry must be initiated against Mr. Anupam Srivastava, the then CMD, BSNL as Head of the Management Committee of BSNL for making modifications in the payment milestone without deliberating upon the efforts to acquire the sites which resulted into financial loss and technical degradation.

Case Briefs High Courts

State Tax Officer cannot prosecute if Central Authority has already initiated action in respect of the same subject matter: Madras High Court

Madars High Court said that truth will come out only when the petitioner appears before the respondent pursuant to the summons received by him and not otherwise. Further, held that if it is the same subject matter, the State Authority cannot prosecute the petitioner once again as the Central Authority has already initiated action against the petitioner in respect of the very same subject matter

Case Briefs High Courts

Allahabad High Court quashes criminal proceedings against Senior Advocate Salman Khurshid for uttering offending sentence against Yogi Adityanath

Allahabad High Court said that as Salman Khurshid has regretted his offending comment, thus the continuation of the impugned proceedings against him would not be justified

Case Briefs High Courts

‘Temporary employee should be replaced by a regular employee and not another temporary employee’; Kerala High Court reiterates

Going along with the contention that a temporary employee shall be replaced only by a regular employee and not another temporary employee, the Division Bench of Kerala High Court refused to interfere with the discretionary orders by Single Judge directing the University to continue with engagement of sweeper-cum-cleaners on a daily wage basis.

Case Briefs Supreme Court

Section 51 of the Transfer of Property Act applies on transferee who makes improvements in good faith on a property, believing himself to be its absolute owner: Supreme Court

Supreme Court upheld the Himachal Pradesh High Court’s order holding the respondent as the owner of the encroached land, as an encroacher cannot claim benefit of Section 51 of the Transfer of Property Act, 1882.

Case Briefs Supreme Court

‘Blanket order directing status quo stalling entire 115-acre project not justified’: Supreme Court

Guided by the principles of prima facie case, balance of convenience and irreparable injury, the Supreme Court set aside the decision of Division Bench of Delhi High Court restraining a commercial project spread across 115-acres.

Case Briefs High Courts

[IBC] Statutory authorities chose not to submit their proof of claim; Delhi High Court quashes show cause issued by Directorate of Revenue Intelligence

In the instant case, the Directorate of Revenue Intelligence neither submitted proof of claim nor responded to a specific communication via an e-mail addressed to Senior Intelligence Officer. This is a case where despite knowledge, the statutory authorities chose not to submit their proof of claim.

Case Briefs Supreme Court

Supreme Court grants bail to murder accused in custody for more than 14 months

In a case of Cross FIRs relating to murder and attempt to murder, the Supreme Court has granted bail to the main accused in the murder case

Case Briefs High Courts

Bombay High Court refuses to interfere with arbitration award for consolidated claims

Concluding that the principal contention raised by the petitioner regarding consolidation of claims arising out of nine separate contracts is devoid of substance, the Bombay High Court dismissed the petition refusing to interfere with the arbitral award.

Case Briefs Supreme Court

Decriminalisation of Adultery| Applicability of 2018 Joseph Shine judgment to defence personnels: Supreme Court reserves judgment

Applicant submitted that the 2018 judgment may cause instability within the defence personnel’s services since they function in peculiar conditions who are separated from their families for long durations when posted on borders under challenging conditions, in view of the 2018 judgment, there will always be a concern in their minds about the family indulging in untoward activity.

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

[Eknath Shinde v Uddhav Thackeray] SC Constitution bench defers to decide on the issue of reference of 5-judge bench decision of ‘Nabam Rebia’ to a larger bench

The Supreme Court held that the issue of whether a reference to a bench of 7 judges should be made cannot be considered in the abstract, isolated and divorced from the facts of the case. The bench to decide the issue, along with the merits of the case on 21-02-2023.

Case Briefs High Courts

There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape

While examining the difference between false promise to marry and breach of promise to marry, the Court held that from the facts and circumstances of the case i.e., the extent of being physically involved with her on the false promise to marry in near future. The defacto-complainant being already married, the petitioner cannot be held liable for committing the alleged offences.

Case Briefs High Courts

KFC cannot have exclusive right in the word “CHICKEN”; Delhi High Court directs Trade Mark Registry to instead consider application for advertisement of the mark “CHICKEN ZINGER” in Class 29

The Delhi High Court held that KFC cannot have any exclusive right in the word “CHICKEN”, but the Court directed the Trade Mark Registry to proceed for advertisement of application for the mark “CHICKEN ZINGER” in Class 29.

Case Briefs High Courts

Special Courts under SC/ST Act can order lodging of FIR and pre-trial proceedings, under Section 156(3) of CrPC: Allahabad High Court reiterates

Allahabad High Court saidthat in absence of any specific exclusion, Exclusive Special Courts/Special Courts under SC/ST Act, 1989 may exercise powers to order FIR and investigation as per provisions of Cr PC to achieve object of the Act and ensure speedy justice.