Case Briefs Archives

HEITEC v/s HEITECH| ECJ rules a warning letter for trademark infringement isn’t sufficient to end acquiescence

European Court of Justice (ECJ): In a far-reaching decision, the Bench of C. Lycourgos (Rapporteur), President of the Chamber, S.

Case Briefs High Courts

Calcutta High Court| Vigil to be maintained to prevent noise pollution in general; Sound levels to be within permissible limits

Calcutta High Court: Shampa Sarkar, J. disposed of a writ petition which was filed by an ailing, retired bank employee alleging that

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether ocean freight charges can be collected, subject to levy of Service Tax? CESTAT answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Division Coram of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical

Case Briefs High Courts

Rajasthan High Court| Trial Court required to prima-facie ascertain the relevancy of the proposed witnesses while deciding application under Order XVI R 1 and 2 CPC

Rajasthan High Court: Dinesh Mehta, J. considered the stamp vendor and Sub Registrar as relevant witnesses in a case where

Case Briefs Supreme Court

IBC – Section 7(5)(a) | NCLT “may” reject Financial Creditor’s CIRP application even in case of Corporate Debtor’s default in payment of debt

Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has rejected the view of NCLT and NCLAT that once it

Case Briefs Tribunals/Commissions/Regulatory Bodies

AAR | No GST on Solid Waste Management contracts; Bio-CNG not exempted

Tamil Nadu Authority for Advance Ruling: T.G. Venkatesh, Additional Commissioner of GST & Central Excise, and K. Latha, Joint Commissioner

Case Briefs High Courts

Delhi High Court| Non-consideration of the grounds raised in a pre-grant opposition while granting patent per se constitutes violation of principles of natural justice

Delhi High Court: Jyoti Singh, J. in a case where patent was granted without delving and dealing with the grounds raised in

Case Briefs High Courts

Delhi High Court grants permanent injunction against Facebake or Facecake from using the well known trademark Facebook

Delhi High Court: Navin Chawla J. restrains Facebake and Facecake based in Bangalore which sells confectionary items like cakes etc.

Case Briefs High Courts

Punjab & Haryana HC| Relief to actress Kangna Ranaut in ‘Shaheen Bagh Dadi’ defamation case; Trial Court directed to adjourn the matter

Punjab and Haryana High Court: While deciding the instant petition revolving around alleged defamatory tweets concerning the respondent by Bollywood actress Kangna

Case Briefs High Courts

Allahabad High Court | High Court can grant transit anticipatory bail in a case registered outside its jurisdiction

Allahabad High Court: Siddharth, J. allowed an application for anticipatory bail filed on behalf of applicants in relation to an FIR registered

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT| When can a liquidator in a liquidation process be replaced?

National Company Law Tribunal, Chennai: The Bench of S. Ramathilagam, J., Judicial Member, and Anil Kumar B, Technical Member held that the

Case Briefs High Courts

Punjab and Haryana High Court dismisses review application for lack of any error found apparent on the face of record; cannot be disguised as appeal for re- hearing

Punjab and Haryana High Court: Fateh Deep Singh, J., dismissed a review application on the ground that no mistake or error was

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can a Resolution Professional “freeze” the Bank Accounts of Corporate Debtor?

National Company Law Appellant Tribunal, Chennai: The Bench of M.V. Venugopal, J. Judicial Member, and Kanthi Narahari, Technical Member has held that

Case Briefs Supreme Court

Explained| Can services rendered by a “Consulting Engineer” prior to 2005 Amendment to the Finance Act be subjected to service tax?

Supreme Court settled the issue of whether “body corporate” is excluded from the definition of “consulting engineer” under Section 65(31) of the Finance Act, 1994 prior to the amendment in 2005.

Case Briefs Tribunals/Commissions/Regulatory Bodies

District Consumer Forum| Deficient rendering of service proves costly for BYJU’s app; Provider directed to compensate and refund the aggrieved party

Bengaluru Rural and Urban 1st Additional District Consumer Disputes Redressal Forum: While deciding the instant complaint raising the issue of

Case Briefs Supreme Court

Abu Salem can’t be kept behind bars for more than 25 years, holds Supreme Court. Here’s why

Supreme Court: In a big development, the bench of Sanjay Kishan Kaul* and MM Sundresh, JJ has directed that the infamous gangster/terrorist

Case Briefs High Courts

Delhi High Court dismisses application by Jamia Milia Islamia seeking release of funds from UGC to pay outstanding dues to professor

Delhi High Court: A Division Bench of Satish Chandra Sharma and Subramonium Prasad, JJ. dismissed an application filed by Jamia Milia Islamia

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does empty packaging drums of cenvatable input attract payment of excise duty or cenvat credit? CESTAT answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): While dealing with an issue relating to payment of 6% on empty packaging drums

Case Briefs High Courts

Delhi High Court: Delhi police well within jurisdiction to issue show cause to restaurant serving alcohol beyond permissible limits; Writ petition not maintainable

Delhi High Court: Jasmeet Singh, J. did not interfere with the impugned show cause notice issued by Delhi Police to a restaurant

Case Briefs High Courts

Karnataka High Court | Writ petition by XIAOMI India premature when alternate remedy available under S. 37 FEMA, 1999 left unattended

Karnataka High Court: S G Pandit, J. declared the present writ petition filed by XIAOMI India under Article 226 of