Case Briefs Archives

Amounts paid by Indian companies to non-resident manufacturers/suppliers for resale/use of the computer software not royalty, hence, not taxable in India: Supreme Court [Read detailed report]

DTAA provisions must be treated as law and followed by Indian courts, notwithstanding what may be contained in the Income Tax Act to the contrary, unless more beneficial to the assessee.

Case Briefs Supreme Court

Criminal proceedings cannot be permitted to degenerate into weapon of harassment; HCs must quash frivolous FIRs: Supreme Court

“Inherent jurisdiction under Section 482 Cr.P.C. and/or under Article 226 of the Constitution is designed to achieve salutary purpose that criminal proceedings ought not to be permitted to degenerate into weapon of harassment.”

Case Briefs High Courts

Madras HC | Does buyer’s knowledge about dispute in title of subject property, will make him liable for offence of cheating, forgery and making false document? HC answers

Madras High Court: N. Anand Venkatesh, J., while addressing a matter expressed that: “…a transaction hit by lis pendens would not result

Case Briefs High Courts

Madras HC | Lady IPS Officer harassed by Special DGP. “Court is not going to be a mute spectator”: HC takes suo motu cognizance; decides to monitor investigation; issues directions

“There is a faulty gene in men which sometimes make them think that a woman is subordinate to them and that at times she can even be treated like a chattel.”

Case Briefs Supreme Court

‘Section 138 NI Act proceeding a “civil sheep” in a “criminal wolf’s” clothing’; quasi criminal proceedings against corporate debtor covered under Section 14(1)(a) IBC : SC

“A Section 138 proceeding can be said to be a “civil sheep” in a “criminal wolf’s” clothing, as it is the interest of the victim that is sought to be protected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases.”

Case Briefs High Courts

J&K HC | “Government bungalows are Public property, it belongs to Public” HC directs State to ensure eviction of unauthorised occupants from Government accommodation

Jammu and Kashmir High Court: The Division Bench of Vinod Chatterji Koul and Ali Mohammad Magrey, JJ., had heard the instant PIL,

Case Briefs Supreme Court

Can ossification test held after 38 years of incident be conclusive to prove juvenility on the date of incident? SC answers

“The ossification test can be said to be relevant for determining the approximate age of a person in conflict with law. However, when the person is around 40-55 years of age, the structure of bones cannot be helpful in determining the age.”

Case Briefs High Courts

Del HC | Complaint against Business Standard for defaming ‘member of RSS’ quashed: Who qualifies as an aggrieved person to file defamation complaint? HC explains

Delhi High Court: Suresh Kumar Kait, J., quashed a complaint about defamation filed by a lawyer against Business Standard. It was held

Case Briefs Supreme Court Roundups

Supreme Court Monthly Roundup – February 2021

“In order to enable persons with disabilities to lead a life of equal dignity and worth, it is not enough to mandate

Case Briefs High Courts

Bom HC | Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Surawanshi, JJ., upheld the decision of the family court. Present appeal

Case Briefs High Courts

Bom HC | Father-in-law denies maintenance to widowed daughter-in-law and her children. Will he be obligated to maintain them if late son had a share in ancestral property? HC Decodes

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Suryawanshi, JJ., reiterated that father-in-law has a moral responsibility to maintain

Case Briefs High Courts

Del HC | Can the revisional court’s conclusion substitute the lower court’s decision? Read HC’s analysis

Delhi High Court: Subramonium Prasad, J., expressed: “It is well settled that while exercising its jurisdiction under Section 397/401 IPC the revisional

Case Briefs Supreme Court

Aggrieved by an order refusing condonation of delay in filing application under section 34 of the Arbitration Act, 1996? Appeal lies, holds Supreme Court

“Undoubtedly, a limited right of appeal is given under section 37 of the Arbitration Act, 1996. But it is not the province or duty of this Court to further limit such right by excluding appeals which are in fact provided for, given the language of the provision.”

Case Briefs Supreme Court

Can foreigners transfer/dispose of immovable property situated in India by sale or mortgage without RBI’s prior permission? SC explains the true import of Section 31 of FERA, 1973

“Merely because no provision in the Act makes the transaction void or says that no title in the property passes to the purchaser in case there is contravention of the provisions of Section 31, will be of no avail. That does not validate the transfer referred to in Section 31, which is not backed by “previous” permission of the RBI.”

Case Briefs Supreme Court

Malicious allegations against spouse costing him his job and reputation not an attempt to preserve the relationship but a definite case of mental cruelty: Supreme Court

“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Reluctance to undergo criteria course cannot create a bar for benefit of Modified Assured Career Progression Scheme

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, granted

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Conveyance Deed forced on apartments buyers in lieu of Apartment Deed? Commission says it cannot go beyond express terms of the agreement entered into between parties

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) dismissed the complaint while granting an opportunity to the Complainant to approach

Case Briefs Supreme Court

Sale confirmed; objections of judgment debtor overruled. Can consent decree be set aside in such case? Supreme Court answers

Supreme Court: The 3-Judge Bench comprising of R. Subhash Reddy, M. R. Shah* and Ashok Bhushan, JJ., set aside the order of

Case Briefs High Courts

Telangana HC | Can a sexual offender be taken into preventive detention? Read the case of ‘detenu’ who committed intercourse with minor in secluded place and let her off next day

Telangana High Court: The Division Bench of A. Rajasheker Reddy and Dr Shameem Akhter, JJ., while addressing the matter has shed some