Case Briefs Archives

Andhra Pradesh High Court upholds acquittal in Section 138 NI Act Case as no legally enforceable debt found on loan of ₹3 lakhs

The dispute arose from a ₹3 lakh loan allegedly given by the complainant to the accused. The cheque issued for repayment bounced due to insufficient funds.

Case Briefs High Courts

Bombay HC dismisses L&T’s plea against MMRDA’s bid process in Rs 6000 crore Elevated Road Project; discontinues interim stay on opening of financial bids

The Court stated that it is not open to L&T Ltd. to interpret the tender conditions in a manner which is contrary to MMRDA’s interpretation.

Case Briefs High Courts

Section 377 of IPC cannot be applied to criminalise marital sex: Delhi High Court

The Court stated that the charge under Section 377 of IPC could not have been framed against the husband. A ‘consensual’ oral or anal intercourse between any two adults, in private, is not a criminal offence punishable under Section 377 of IPC.

Case Briefs Supreme Court

Supreme Court upholds Gauhati HC order directing Nagaland to ensure salary parity for RMSA teachers

The Court also vacated the previously granted interim order.

Case Briefs High Courts

‘For every mishap or death during treatment, Doctor cannot be punished’; Kerala HC quashes medical negligence case

The Court clarified that only in cases involving a gross lack of competence, inaction, or a wanton disregard for the patient’s safety, stemming from gross ignorance or gross negligence, can a doctor be made to face criminal charges.

Case Briefs High Courts

OYO v Zostel | Delhi High Court sets aside Arbitral Award citing public policy violation and non-adjudication of core claims on unenforceable Term Sheet

The core dispute between OYO and Zostel arose from a Term Sheet dated 26-11-2015, which proposed OYO’s acquisition of Zostel’s business. While Zostel claimed to have fulfilled its obligations and sought specific performance, OYO argued the Term Sheet was non-binding and lacked enforceable terms.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Neglect and encroachment of historical water body in Narela: NGT issues notice to authorities

The NGT acknowledged that “the OA raises substantial issue relating to compliance of environmental norms.”

Case Briefs High Courts

Bona fide belief plus genuineness of transaction constitutes reasonable cause under S. 273B, Penalty can’t be imposed under S. 271E of Income Tax Act: Chhattisgarh HC

“Since the assessee has shown the reasonable cause within the meaning of Section 273B of the Act, the assessee is not liable to pay penalty under Section 271E of the Act for non-compliance of Section 269T of the Act.”

Case Briefs High Courts

Allahabad High Court upholds appointment of Aligarh Muslim University’s first woman vice-chancellor Naima Khatoon

“In the history of the University for well over a century no women has ever been appointed as Vice-chancellor. Appointment of woman as Vice-Chancellor of a premier institution of higher learning sends a message that the constitutional objective of advancement of cause of women is being promoted.”

Case Briefs High Courts

‘NEHA’ a common Indian name lacking distinctiveness for exclusive use: Delhi HC dismisses trade mark suit

“Mere use of a mark, even if continued over a period, is not by itself sufficient to establish enforceable rights under trade mark law. It must be shown that the mark, through its use in trade, has acquired a distinct association in the minds of the relevant consumer base with the claimant’s goods.”

Case Briefs High Courts

‘Attempt to thwart decrees passed by the Court following due process is an abuse of process of law’; Bombay HC imposes Rs 1 lakh cost

The order dated 16-4-2021 passed by the NCLT, Mumbai indicated that the prohibition during CIRP is with respect to institution and continuation of suits only against Prince SWR System (P) Ltd and not against the Company’s director, i.e., the applicant.

Case Briefs High Courts

Punjab and Haryana HC rejects PIL seeking declaration of Pahalgam terror attack victims as martyrs

The Court held that the issue of declaration of a particular place as a Memorial, or naming it differently, or the declaration of deceased persons as Martyr/ Shaheed was within the exclusive domain of policy decision of the State.

Case Briefs High Courts

‘Limitation period for invoking Arbitration begins from date of notice’; Rajasthan High Court appoints Sole Arbitrator in BSNL Contract Dispute

“The agreement executed between the parties is not disputed. This fact is not in dispute that the contract of the petitioner has been terminated and the money has been forfeited by the respondents in the month of October, 2019.”

Encashment bank guarantees payment customs duty

Case Briefs Supreme Court

Encashment of bank guarantees offered as security cannot be treated as payment of customs duty: Supreme Court

“Under the scheme of the Customs Act, 1962, duty is assessed provisionally or finally whereafter an assessment order or order-in-original is passed. Post assessment order or order-in-original, the concerned importer is required to pay the assessed duty”.

Case Briefs Supreme Court

Supreme Court restores minimum three-year legal practice requirement for eligibility in civil judge exams

Supreme Court clarified that the three-year period of legal practice would be counted from the date of provisional enrolment as an advocate, and not from the date of passing the All-India Bar Examination (AIBE), recognizing the varying schedules of the AIBE across jurisdictions.

Case Briefs High Courts

Offences under PC & PNDT Act are cognizable, thus, FIR registration and police investigation per se not barred under law: Delhi HC

“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”

Case Briefs High Courts

Kota Students Suicide Case | Rajasthan High Court defers interim directions awaiting Supreme Court action

“We also find that in the year 2025 itself, about 14 suicides have taken place. This is a matter of serious concern for us.”

Case Briefs High Courts

‘Separate orders required for bail bond cancellation and imposing penalty under S. 446 CrPC’; Himachal Pradesh HC allows appeal of a penalised surety, remands matter

“Bare reading of Section 446 of the CrPC makes out a case wherein separate orders are required to be passed by the Court, firstly, at the time of cancellation of the bail bonds, and secondly, when the penalty is imposed.”

Case Briefs High Courts

‘State bound to review within reasonable period of limitation if not prescribed’; P&H HC sets aside inspector’s demotion 7 years after acquittal in disciplinary proceedings

“It is settled proposition of law that where no limitation period is prescribed, authorities are bound to act within reasonable period. The reasonable period depends upon facts and circumstances of each case, there is no hard and fast or straitjacket formula.”

Case Briefs High Courts

‘Fresh appointments under new Rules extinguish prior contractual conditions’; Rajasthan High Court quashes order enforcing prior Service Bond

“How can it be termed to be a financial loss to the State Government when an employee who had been imparted training for some particular contractual job, continues to serve the State Government although, on regular basis.”