Case Briefs Archives

Sikmi Tenancy | Supreme Court takes note of dispute settlement via Mediation; Modifies Calcutta HC order by way of Settlement Agreement

The SLP centred around Sikmi Tenancy under the West Bengal Estates Acquisition Act, 1953 wherein the petitioner had contended that the High Court erred in its observation with respect to the petitioner’s rights as a Sikmi Tenant.

Disputes after settlement agreement arbitrable

Case Briefs High Courts

Delhi High Court: Disputes arising after execution of settlement agreement remain arbitrable

“Execution of a full and final settlement may not preclude a party from taking recourse to arbitration if a dispute arises from the settlement itself”

Case Briefs High Courts

‘In Honour Killing cases, bail is a carefully guarded exception’; Madras HC rejects bail in Kavin Honour Killing Case

“In grave offences like honour killing, bail is a carefully guarded exception, balancing liberty with justice and societal order. Judicial vigilance and societal awareness are crucial in eradicating the heinous crime.”

Case Briefs High Courts

‘Right to housing is a fundamental right’: Punjab and Haryana HC sets aside rejection of jhuggi dwellers’ claims under Small Flats Scheme, 2006

In the case at hand, the Chandigarh Housing Board rejected jhuggi dwellers’ claim for allotment of flat under the Chandigarh Small Flats Scheme, 2006 without giving them opportunity to be heard.

Case Briefs High Courts

AAI cannot unilaterally shut Airport multiplex; Madras HC orders National Policy Review by Centre

“Any landing and taking off area for aircrafts together with runways, aircraft maintenance space, passenger facilities and including aerodrome would come with the ambit of the term ‘Airport.’”

Application of mind required for Section 153D approval

Case Briefs High Courts

Approval under Section 153D of the Income Tax Act must reflect application of mind: Bombay High Court dismisses Revenue’s appeal

“An order, which does not reflect even minimum application of mind, cannot be saved by filing an affidavit claiming that there was material based upon which such approval could have been granted.”

Case Briefs High Courts

Kerala High Court slams authorities over unhygienic conditions at Chottanikkara Bhagavathi Temple; orders cleanliness audit under Suchitwa Mission

“If immediate remedial measures are not initiated on a war-footing, this Court may be constrained to issue adverse orders against both the Temple Advisory Committee and the Devaswom Officers.”

Case Briefs High Courts

Allahabad High Court orders status quo in Bareilly Banquet Hall Demolition case

In the case at hand, the petitioner’s banquet hall in Bareilly was being demolished by the Bareilly Development Authority.

Case Briefs High Courts

Know why Delhi HC directed execution of decree against Simplex Infrastructures passed in Dubai Court

Dubai Court had directed Simplex Infrastructure to pay AED 9.59 millions to a prominent Dubai based MEP contractor in unpaid dues for MEP work executed nearly a decade ago.

Case Briefs High Courts

No permission required to erect Natham Kanavai War Memorial Stupa on private land: Madras High Court

“Article 51A of the Constitution of India mandates that it shall be the duty of every citizen of India to cherish and follow the noble ideals which inspired our national struggle for freedom and to defend the country and render national service when called upon to do so.”

Case Briefs High Courts

Village Temple on Grama-Natham land is a Public Religious Institution; Madras HC upholds directions regulating its administration

“In the event of maladministration, illegality or irregularity in dealing with the properties of the temple, the HR & CE department is bound to step in and initiate all appropriate actions.”

e-rickshaw import classification dispute

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read Why CESTAT set aside penalties against E-rickshaw manufacturer alleged to have evaded duty in import classification dispute

The Tribunal stated that simply failing to disclose facts is not enough to extend the limitation period. Suppression must be deliberate and intended to evade duty and since no such intent is shown in the present case, the extended period cannot apply.

Case Briefs High Courts

Kerala High Court orders immediate action against widespread sale of unlabelled KumKum in Erumeli; issues directives

The Court held that the sale of unlabelled, unpackaged, and untested KumKum constitutes a breach of mandatory statutory requirements, and immediate regulatory intervention was warranted.

Case Briefs High Courts

Here’s why Bombay High Court quashed Chandra Kocchar’s Prosecution in Octroi evasion case & ordered to proceed against ICICI Bank only

“Mere designation as a director is not sufficient; specific role and responsibility must be established in the complaint.”

Case Briefs Supreme Court

Supreme Court requests HC Chief Justices to examine number of pending cases under UAPA like laws that pose reverse burden of proof

The Court further declined to interfere in the bail granted to the persons accused for derailment of Jnaneswari Express on 28-5-2010 stating that the CBI could not bring to notice subsequent development which would justify this interference.

No civil remedy against Lok Adalat award

Case Briefs Supreme Court

Statutory finality of Lok Adalat award excludes appellate/penal civil remedy; only remedy is High Court’s supervisory jurisdiction: Supreme Court

The Executing Court’s role in enforcing a decree based on a Lok Adalat award under the Legal Services Authorities Act, 1987 is limited to execution alone. It cannot annul, set aside, or question the validity of the award, and objections in execution cannot serve as an alternative remedy to challenge the award.

Case Briefs High Courts

Madras High Court permits film ‘Akhanda 2’ release after parties agreed to settle Film distribution dispute

In light of the settlement agreement and receipt of ₹5 Crores, the Court vacated the he interim order of injunction and permitted the release the movie ‘Akhanda 2’.

Case Briefs Supreme Court

Referral Court has jurisdiction to examine whether a non-signatory is a veritable party to arbitration agreement: Supreme Court

If the referral court finds that a party is not a veritable party, the matter will not be left to the Arbitral Tribunal as it will relegate the referral court to the status of a monotonous automation.

Case Briefs High Courts

Media Academy & Temperance Board employees not entitled to Pension under Karnataka Civil Services Rules: Karnataka High Court

In the absence of any Government order, “the employees of Institutions like the Temperance Board and the Media Academy cannot claim that they are entitled to pension as a matter of right.”

Case Briefs High Courts

Delhi High Court denies bail to husband in dowry death case over wife’s post-mortem injury and statutory presumption

Dowry deaths corode societal values, and perpetuate systemic oppression of women, cruelty culminating in the death of a young bride strikes at the collective conscience of society.