Case Briefs Archives

Kerala High Court approves ‘Pappanji’ burning for new year celebrations in Kochi; Recommends wider safety barricade around effigy

‘Pappanji’ typically refers to a large effigy, often constructed as part of local New Year or cultural celebrations in Kerala, particularly in places like Kochi. The effigy, often representing an exaggerated figure or caricature, is burned as a symbolic gesture to mark the end of the old year and to usher in the new one.

Case Briefs High Courts

Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court

“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mark-up earned by purchasing & selling cargo space from shipping lines not liable to service tax: CESTAT

The assessee-appellant contended that they acted on principal-to-principal with both the customers (shipper) and the shipping line/airline. A freight forwarder may act as principal and raise invoice to the exporter on his own account, providing transportation of goods and is not acting as “intermediary”.

Case Briefs High Courts

Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates

The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.

Case Briefs High Courts

Read why Madras HC granted bail to temple activist Rangarajan Narasimhan in two FIRs relating to video against Deputy CM Udhayanidhi Stalin

“A reading of the complaint does not attract the provisions of Section 75 of BNS or Section 4 of the Prohibition of Harassment of Women Act. Furthermore, as the other offences are bailable, I am inclined to grant bail to the accused with certain conditions.”

Army Disability pension for hypertension

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Patently illegal & against the thought process of Armed Forces itself’; AFT grants disability pension to former army personnel suffering from primary hypertension

“The mere fact that the disease manifested itself many years after joining service is sufficient to conclude that the same was attributable to military service because it is an established fact that stress and strain in military service is unique.”

Case Briefs High Courts

Bombay HC denies suspension of sentence of 73-year-old man who raped mentally challenged house help

The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.

Case Briefs High Courts

‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma

“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.

Eviction proceedings before Inquiry Officer

Case Briefs Supreme Court

Inquiry Officer can continue Eviction proceedings by upholding natural justice principles in absence of regulations under Section 105H of MMC Act: SC

In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.

Case Briefs High Courts

Assets and liabilities of public servants not private; Disclosure cannot be completely exempted under S. 8 of RTI Act: Madras High Court

“No doubt, it is true that the assets and liability of a public servant will have to be necessarily disclosed and cannot be shielded from public scrutiny but there should be a reasonable restriction of the same.”

Case Briefs High Courts

‘Objective of Freedom Fighters’ Pension Scheme to honour genuine freedom fighters without harassment or delay’; Orissa HC directs for release of pension to 100-yr-old freedom fighter

The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.

Case Briefs High Courts

Court cannot substitute its own view and pass an order which is neither pleaded nor prayed for by the parties: Calcutta High Court

The case relates to Joint Forum of Doctors who approached the police authorities for permission to hold peaceful protest raising certain grievances relating to an unfortunate and barbaric incident of R.G. Kar Medical College and Hospital at the night of 09-08-2024

Case Briefs High Courts

Kerala HC dismisses plea challenging integrity certificate granted to IO over alleged faulty probe in Walayar rape death case; Upholds Decision by Home Secretary

Walayar rape death case was a seven-year-old case relating to the rape and alleged murder of two minor sisters at Walayar

Case Briefs High Courts

‘Third pillar of democracy being treated shabbily’; Punjab and Haryana HC slams State for poor living and working conditions of Judicial Officers

PILs were instituted highlighting the sorry state of affairs of the residential houses for Judicial Officers and of courtrooms. The PIL also recorded that there is lack of residential houses available for the Officers.

Case Briefs High Courts

State Human Rights Commission lacks jurisdiction over child custody; Specific remedies exist in other statutes: Allahabad HC

“Allahabad High Court stayed SHRC’s orders regarding the custody of the children and their production before the Commission.”

Case Briefs High Courts

‘Rape of dead body is horrendous but not rape’: Read why Chhattisgarh HC rejected mother’s plea against acquittal of man for offence under S. 363 and S. 376 (3) of IPC

“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”

Case Briefs High Courts

Dangerous public stunt causing death would amount to culpable homicide and not death by negligence; Punjab & Haryana HC rejects anticipatory bail

“If a soft stand is taken towards such stunts, the roads, which are already unsafe, will become more unsafe for pedestrians and two-wheelers, which account for the maximum number of casualties for pedestrians and two-wheelers in road accidents in this region.”

Case Briefs Supreme Court

Supreme Court quashes abetment of suicide charges against husband and in-laws, citing lack of prima facie evidence of intent to instigate the deceased

“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”

Case Briefs High Courts

Delhi High Court restrains ‘JV Evergreen Sweets and Treats’ from infringing ‘Evergreen’ mark

The comparison of images of both names makes it abundantly clear that defendant 1 has copied the most distinctive part of the plaintiff’s mark, which is ‘Evergreen’. In the case of the defendant 1, the word ‘Evergreen’ has the prefix “JV” and the suffix “Sweets and Treats”, whereas in the plaintiff’s case, the word ‘Evergreen’ is followed by the word “Sweet House”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Pilgrims should not suffer’; NGT gives slew of directions to UPPCB and CPCB to maintain Ganga and Yamuna’s water quality ahead of Magh Mela & Kumbh Mela 2025

“During the Maha Kumbh 2025, regular monitoring of the water quality of the rivers Ganga and Yamuna is necessary at frequent intervals to meet primary water quality criteria.”