Case Briefs Archives

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.

Case Briefs High Courts

Remarrying during pendency of first wife’s appeal amounts to Contempt: Punjab and Haryana High Court sentences Man to 3 months jail and fine

“Instead of tendering an unqualified apology, has tried to contest his act of solemnizing the second marriage during the pendency of the above appeal and stay having been granted therein.”

Case Briefs Supreme Court

Aggrieved Woman’s Workplace ICC can Investigate Respondents from Other Departments: Supreme Court’s Landmark POSH Act Ruling Explained

The Court observed that a narrow interpretation of provisions of the POSH Act would beget several procedural and psychological barriers for the aggrieved woman.

Case Briefs High Courts

Bar on grant of anticipatory bail under S. 18 SC/ST Act not applicable when application filed under S. 482 of BNSS: Allahabad High Court

In the case at hand, two people met through jeevansathi.com and subsequently physical relations were formed on various occasions on the false pretext of marriage.

Case Briefs Supreme Court

Supreme Court: Bharat Drilling Not an Authority on Applicability of prohibited claim clauses to Arbitral Tribunal; Larger Bench to reconsider

In order to obviate uncertainty and for clear declaration of law, the Court referred Bharat Drilling to a larger bench for reconsideration and authoritative decision.

Case Briefs High Courts

Bombay High Court upholds Arbitral Award against TCS; Orders Rs. 96 Lakh Compensation to Inspira for Failed Edge Servers Delivery

“TCS should consider itself lucky that Inspira was successful in selling TCS’s user-specific Servers… Otherwise, TCS would have been liable to pay the entire price.”

Case Briefs High Courts

Delhi HC upholds constitutional validity of 2013 guidelines disqualifying colour-blind personnel in Central Armed Forces

“If any of the personnel not fully fit, he will either not be able to protect himself or his colleagues in a battle or he will run the risk of killing innocent people especially if his eyesight is weak and he cannot distinguish between uniforms, etc.”

Case Briefs High Courts

Bombay High Court refuses to quash FIR against Maharashtra Navnirman Sena worker accused of assaulting Advocate over Amazon-Marathi Language Row

“In a proceeding under Section 482 of the Criminal Procedure Code, this Court is not required to conduct a mini trial or get into nitty-gritties of the evidence.”