Case Briefs Archives

Juvenile Justice Act prevails over Muslim Personal Law; Adopted child entitled to same status as biological child: Madras High Court

“A child below 18 years cannot obviously give consent. So this expression “consent” must be understood as ascertaining its wishes.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of reported abduction and murder of differently abled RTI activist in Gujarat

The NHRC issued notice to the State DGP, calling for a detailed report on the matter within two weeks.

Israel’s obligations in Occupied Territory of Palestine

Case Briefs International Courts

Israel as Occupying Power is obliged to ensure that population of Occupied Palestinian Territory gets the essential supplies of daily life: ICJ

The Court found that the local population in the Gaza Strip has been inadequately supplied within the meaning of Article 59 of the Fourth Geneva Convention. In such a situation, Israel, as the occupying Power, is under an obligation to agree to and facilitate relief schemes.

Case Briefs High Courts

Delhi High Court grants relief to WOW! MOMOS; restrains use of mark WOW BURGER

“The dominant feature of the marks WOW MOMO and WOW BURGER is clearly the prefix ‘WOW’, as the suffix in each mark merely refers to the food item in respect of which the mark is being used. The dominant feature of the two marks, i.e. WOW, is identical.”

Case Briefs High Courts

Arbitral awards carry increased credence when a detailed pre-arbitral process has already been contracted: Bombay High Court

“The Mumbai Metro Rail Corporation Limited entered into a contract, entailing the design and construction of specific stations and tunnels in the Mumbai Metro Rail Project, the bid for which was made by L&T-STEC JV Mumbai before the introduction of Goods and Services Tax.”

Case Briefs Supreme Court

Notice to foreign entity via diplomatic channels under S. 105 CrPC| Supreme Court stays Calcutta HC and Sessions Court orders against UBS Switzerland AG

The Supreme Court’s direction ensures that UBS Switzerland AG will be protected from ex parte adjudication in Indian criminal proceedings. This safeguard will remain in place until the Court examines the issue of serving notice through diplomatic channels.

Case Briefs High Courts

Orissa HC quashes POCSO Court’s bail denial to school Principal accused of failing to report sexual harassment complaint of student

“It is strange, but true that despite making an in-depth analysis of facts and allegations raised against the petitioner, the Trial Court has rejected the bail application of the school Prinicipal and remanded him to custody.”

Case Briefs High Courts

‘Lawyer’s activities not commercial in nature; using residential premises as lawyer’s office not misuse’: Delhi HC quashes 22-year-old complaint

“A commercial activity involves investment of capital, profit and loss and co-operation of labor; on the other hand, the professional service of rendering advice in law is dependent upon one’s own academic qualification and individual skill. These peculiar and distinctive features of the legal profession do not permit its inclusion in commercial or semi-commercial activity, establishment, or institution.”

Res Judicata not applicable to Order 21CPC

Case Briefs High Courts

Orissa HC: Technical defects cannot defeat decree execution; Order 21 CPC excludes Res Judicata principle

“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”

Case Briefs High Courts

Only strong and cogent evidence warrants summoning a new accused under S. 319 CrPC: Rajasthan High Court

“When the injured is silent about the involvement and role of the respondents, then under these circumstances, the statements of other witnesses hardly make any difference.”

Case Briefs High Courts

High time to shift paradigm that civil suits can run for decades: Delhi High Court upholds dismissal of civil suit

“It shows blatant and deliberate design on the part of petitioner to continue to protract the trial court proceedings, which is with the obvious aim to frustrate the respondent into giving up the lis.”

Case Briefs High Courts

‘No embargo on production of Call Records/Location Charts if privacy of raiding team/police informers is undertaken’: Delhi High Court allows preservation in NDPS case

“If such data is not preserved, there is likelihood that the same may get lost and may not be available to the petitioner in support of his defense.”

Case Briefs High Courts

‘Medical Representative not a workman’: Delhi HC upholds Labour Court order

“The petitioner was not a person doing clerical or menial jobs but was a qualified graduate who had received specialized training in his field of work.”

reassessment notice barred by limitation

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Escaped income is below Rs 50 lakhs’; ITAT quashes reassessment notice under S.148 Income Tax Act issued beyond prescribed limitation of 3 years

A notice under Section 148-A(b) of the Income Tax Act, 1961 was issued to the assessee, stating that income had escaped assessment under the provisions of Section 147, regarding sale, purchase of properties and contractual receipts.

Advance Rulings Case Briefs

Read why AAR Tamil Nadu refused to admit Auto Color Paints’ application for refund and Input Tax Credit adjustment over erroneous GST reporting

In the present case, Auto Color Paints mistakenly reported purchase invoices as sales in GSTR-1 from 2017—18 to 2022—23, resulting in a loss of Input Tax Credit amounting to ₹18.53 lakh. After the supplier refused adjustment, the applicant approached AAR, Tamil Nadu, seeking relief under Section 97 of the CGST Act.

Directions to ensure protection of transgender persons

Case Briefs Supreme Court

Gaps in Transgender Persons Act & Rules; Advisory Committee; Identity issues: Inside Supreme Court Directions & Suggestions to ensure protection of Transpersons

The Court emphasised that drawing on stereotypes and stigma associated with the transgender community is impermissible for the purpose of formulating laws, rules and policies as it would be squarely opposed to the principle of substantive equality.

Case Briefs High Courts

Bombay High Court condemns realistic AI deepfake video targeting Akshay Kumar, orders urgent takedown to protect his personality rights and public safety

“Both in the context of images and videos, the morphing is so sophisticated and deceptive that it is virtually impossible to discern that the same are not genuine images/videos of the Akshya Kumar.”

Case Briefs High Courts

Magistrate’s ‘seen’ remark, without reasoned order, insufficient: Bombay HC grants default bail for delay in filing chargesheet under S. 187 BNSS

“The provision of Section 187(3) BNSS were mandatory in nature and any slightest departure with the statutory mandate had impact of impairing the constitutional right of liberty of an individual although facing the accusations.”

Case Briefs High Courts

Bombay HC allows sale of two drugs for food-producing animal rearing, if manufactured before Notification prohibiting them

“The Notification prohibited the import, manufacture, sale, and distribution of Chloramphenicol and Nitrofurans from 12-03-2025.”

Case Briefs High Courts

Inside Punjab and Haryana HC order dismissing anticipatory bail plea of alleged mastermind in Indo-Pak drone drug smuggling case

“The increasing instances of drug smuggling through drones in India from across the border i.e. Pakistan pose a grave threat not only to the security of the nation but also impacts the youth of the nation.”