Case Briefs Archives

Supreme Court berates Rajasthan government for allowing State’s heritage property to disintegrate into shambles

“We are shocked and amazed at the manner in which the State of Rajasthan has permitted its heritage to be destroyed and continues to permit it to be destroyed while claiming its rights under the Rajasthan Escheats Regulation Act, 1956!” exclaimed the Supreme Court.

Case Briefs High Courts

[Arbitration Agreement] Delhi High Court reiterates the law of interpretation with respect to two inconsistent clauses of a same instrument/document/deed

Where there exists any iota of inconsistency between two provisions of a same instrument, the former clause shall prevail over the latter one

Case Briefs Supreme Court

Supreme Court sets aside history sheeter’s bail in an air firing and deadly assault case resulting in one death

The Supreme Court stated that the Allahabad High Court erred in granting bail to the respondent, keeping in view the nature and gravity of the offence, the relationship between the parties and the prima facie evidence on record with reference to common intention as well as antecedents of the respondent.

Case Briefs Supreme Court

Interlocutory order in one case cannot be treated as precedent for cancellation of bail of accused in other cases: Supreme Court

Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| After closure of Challenge Process and consequent receipt of resolution plan, Adjudicating Authority cannot direct consideration of the revised plan submitted thereafter

National Company Law Appellate Tribunal observed that once the CoC has decided to vote on the resolution plans after closure of challenge process, the Adjudicating Authority cannot direct the CoC to consider any revised plan submitted thereafter.

Case Briefs High Courts

Clauses in Information Brochure based on statutory Master Circular is enforceable; Bombay High Court sets aside Administrator decision to write down AT-1 bonds once Yes Bank stood reconstituted

The clauses in the Information Memorandum are based on the Master Circular which is issued by the Reserve Bank under its statutory powers. Information Memorandum and its clauses refer to Master Circular. The said Information Brochure has a statutory flavour. In that event, the agreement would have a statutory base and such an agreement can certainly be enforceable.

Case Briefs Supreme Court

Defendants cannot be dispossessed unless the plaintiff has established a better title and rights over the property, Supreme Court reiterates

The Supreme Court observed that the defendants, being in possession, would be entitled to protect and save their possession, unless the person who seeks to dispossess them has a better legal right in the form of ownership or entitlement to possession.

Case Briefs High Courts

Punjab and Haryana High Court directs restoration of pension to remarried widow

The Court held that Rule 12-A of the CCS (Extraordinary Pension) Rules specifically permits a widow of an employee who remarries deceased husband's brother to get extraordinary pension.

Case Briefs High Courts

“The problem of toxic work culture is problem plaguing all booming economies”; Delhi High Court grants anticipatory bail to the Secretary of Central Board of Irrigation and Power accused of abetting suicide

Delhi High Court opined that death caused due to overwork and toxic work environment is a social problem which requires the government, the labour unions, the health officials and corporates to formulate appropriate policies.

Case Briefs High Courts

Delhi High Court | Divorced/Widowed daughter to be regarded as an unmarried daughter under the Swantantrata Sainik Samman Pension Scheme

The Delhi High Court remarked that the expression “unmarried” adverts to a person who is not married. It includes a woman who is single i.e., who was married but divorced and even a woman who is widowed.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deduction of TDS and deposit in Form 16-A under Section 194-A of Income Tax Act proves the deduction was TDS relating to ‘Interest other than interest on securities’: NCLAT observes

In the instant matter an appeal was preferred against the order of NCLT admitting S. 7 IBC application or repayment of financial debt. Upholding the order of the NCLT, the Tribunal held that even if there is no proof of loan agreement other materials on record can prove the financial debt.

Case Briefs Supreme Court

26 years on, ONGC sits on a temporarily acquired land. Such a long temporary acquisition infringes landowner’s right to property, holds SC

The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.

Case Briefs High Courts

Rajasthan High Court upholds the validity of equivalence certificate issued by Association of Indian Universities

The Rajasthan High Court, after perusing the certificate issued by Association of Indian Universities and the notification issued by Ministry of Education, stated that AIU had issued equivalence certificate with regard to the qualification of the petitioner making the petitioner eligible for the post.

Case Briefs High Courts

Delhi High Court| CERC does not have jurisdiction to adjudicate upon a dispute without Power Purchase Agreement

The Court rejected the contention forwarded by defendant 3 to the effect that the present issue had an impact on tariff, as the actions of the plaintiff had prevented the applicant from supplying power to defendant 3 under the PSA resulting into defendant 3 being forced to secure power from the open market at rates much higher than the tariff determined.

Case Briefs Supreme Court

Right to Information| Chargesheets and final reports not equivalent to FIRs; can’t be published on State Websites for public access: Supreme Court

The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.

Case Briefs High Courts

Delhi High Court | Errors that are apparent on record can be subjected to review and not the ones required to be discovered through a process of legal reasoning/ arguments

Delhi High Court: In a review petition filed under Section 114 read with Section 151 of the Civil Procedure Code on behalf

Case Briefs High Courts

Madras High Court sets aside unsuitable conditions imposed by police for birthday celebration of LTTE leader Prabhakaran

Madras High Court held that the police has to permit the petitioner to conduct an oratory competition on the 68th Birth Anniversary of Prabakaran the leader of the banned outfit LTTE and set aside unsuitable conditions imposed by the police on the petitioner

Case Briefs High Courts

Kerala High Court | Court fee cannot be refunded after the suit decided on merits

Kerala High Court observed that when the suit is dismissed on finding that it is barred by law, the court fees cannot be refunded.

Case Briefs Supreme Court

Section 138 NI Act| Supreme Court sets aside Madras High Court’s reversal of acquittal in a cheque bouncing case

The Supreme Court observed that the scope of interference in an appeal against acquittal is limited and that the Madras High Court ‘could not have interfered with the finding of acquittal recorded by the learned Trial Court.

Case Briefs High Courts

Order rejecting Siddique Kappan’s discharge application is against law propounded by SC; Allahabad High Court remits the matter back to the Trial Court to decide afresh

If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court