Case Briefs Archives

CSR under GST Reign | Goods provided free of cost under CSR activity to Kerala Flood affected people: Will Distributor be entitled to input tax credit? Ker AAR decides

Kerala Authority for Advance Ruling: S. Anilkumar, Additional Commissioner of Central Tax & B.S. Thyagarajababu, Joint Commissioner of State Tax decided whether

Case Briefs Supreme Court

Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers

Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Dominant position and Predatory Pricing or Win-Win for riders and drivers? NCLAT upholds CCI’s decision

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain (Judicial Member) and Dr Alok Srivastava (Technical Member) held

Case Briefs Supreme Court

“Can’t allow Devas and its shareholders to reap the benefits of their fraudulent action”; SC upholds NCLAT’s order to wind up Devas

“If the seeds of the commercial relationship between Antrix and Devas were a product of fraud perpetrated by Devas, every part of the plant that grew out of those seeds, such as the Agreement, the disputes, arbitral awards etc., are all infected with the poison of fraud.”

Case Briefs High Courts

Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC

Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report

Case Briefs High Courts

Taking Rs 15,000 as notional income of a family member who is non-earning, in a motor accident claim: Is it reasonable? All HC decides

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., enhances quantum of award of a non-earning

Case Briefs High Courts

Provision of Personal Hearing would defeat the purpose of Faceless Assessment Scheme? Del HC decides

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., while focusing on the principles of natural justice and right

Case Briefs Foreign Courts

SPOTIFY v. POTIFY | Can the mark POTIFY conjure up mark SPOTIFY? Here’s detailed analysis of US Patent and Trademark Office decision in trademark clash

United States Patent and Trademark Office: Cataldo, Adlin and Lebow, Administrative Trademark Judges, decided whether SPOTIFY is entitled against dilution by blurring

Case Briefs Supreme Court

No scaling down of sentence to 10 years as per NDPS Act for man sentenced to 26 years in prison by Mauritius SC for being in possession of over 150 gms of heroin: SC

Supreme Court: In a case where a man was arrested in Mauritius after being found to be in possession of 152.8 grams

Case Briefs High Courts

[Right to Maintenance] Jhar HC | What is the effective date of grant of maintenance? Is it the date of judgment or the date of filing of maintenance application?

Jharkhand High Court: Anubha Rawat Choudhary, J., held that right to claim maintenance must date back to the date of filing the

Case Briefs High Courts

P&H HC stresses upon adopting contemporary methods of investigation rather than taking third-degree shortcuts

Punjab and Haryana High Court: Amol Rattan Singh, J., held that police stations including the interrogation room should be covered by CCTV

Case Briefs High Court Round Up Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

6 Legal Stories of the Week: From High Courts to Tribunals

Some of the interesting legal stories from Week 2 of January 2022 Competition Commission of India (CCI) 1. Is Google abusing dominant

Case Briefs Supreme Court

No Pensionary Benefits To WALMI Employees; Employees Of Autonomous Bodies Can’t Claim Benefits On A Par With Government Employees As Matter Of Right: SC

Supreme Court: Finding the Bombay High Court’s judgment directing the State to extend the pensionary benefits to the employees of Water and

Case Briefs High Courts

MP HC | Difficult Areas vis-a-vis Difficult Services, Issues of reservation and incentive marks; HC puts an end to the battle between Doctors and State

Madhya Pradesh High Court: The Division Bench comprising of Sujoy Paul and Arun Kumar Sharma, JJ., held that the Demonstrators and Tutors

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | ‘Billionaire’ dream turns into dread-Unauthorsied investment advisory amounted to fraud & misrepresentation

Securities Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while affirming an ex-parte interim order of SEBI, was of the

Case Briefs High Courts

P&H HC | Are Recordings of Private Conversation between Husband and Wife permissible as evidence under S. 13 of HMA, 1955? HC decides

Punjab and Haryana High Court: Lisa Gill, J., held that to permit a spouse to record conversations with an unsuspecting partner and

Case Briefs High Courts

Courts are not meant to provide police protection to youths who have fled to marry according to their own wishes; Raj HC reiterated

Rajasthan High Court: Dinesh Mehta J. rejected the petition and disposed off the stay application. The instant petitions were filed by couples

Case Briefs High Courts

J&K HC | Dowry Prohibition Act vis-a-vis J&K Dowry Restraint Act; HC blurs the line between the two

Jammu and Kashmir High Court: In a case alleging dowry death, Rajnesh Oswal, J., clarified the scope and applicability of Jammu and

Case Briefs Foreign Courts

SCOTUS: Biden Administration’s Vaccine Mandate: Yay or Nay– 2 Cases; 2 Scenarios

Supreme Court of The United States: The Full Bench of the SCOTUS on 13th January, 2022 gave its decision on the Vaccine

Case Briefs District Court

Daughter-in-law accuses father-in-law of offence under S. 138 NI Act. Here’s the detailed account of whether father-in-law gave the cheque to daughter-in-law or was it taken without his knowledge || Saket District Court decides

Saket District Court, Delhi: Sonam Singh, MM (NI Act) acquitted the accused who was charged with an offence under Section 138 of