Appeal Archives

Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?

All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.

Akaant Mittal Experts Corner

Limitation in Filing Appeal before the NCLAT — Interesting Development

by Akaant Kumar Mittal†
Cite as: 2023 SCC OnLine Blog Exp 8

Case Briefs High Courts

Inability to produce required documents due to COVID-19 lockdown; Gujarat High Court quashes reassessment order

Gujarat High Court observed that due to COVID-19 lockdown it was impossible for the petitioner to get Form-F and denying adjournment after taking note of this fact results in breach of principle of natural justice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Cancelled Flat Bookings amount to non-performance of service; CESTAT directs Authorities to refund service tax to Builder

CESTAT states that cancelled flat bookings amount to non-performance of service,Held that Service tax is not applicable if no service is rendered.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bureau of Energy Efficiency takes suo motu verification test on a sample refrigerator of Whirlpool India and found quality non-compliance; Appellate Tribunal for Electricity sets aside the order

The Tribunal stated that since the first test report was deficient, it did not stand legal scrutiny and was directed to treat the second test report as the first test report in continuation of their investigation.

Case Briefs High Courts

Delhi High Court stays CCI’s order for recovery of Rs. 223.48 crore from MakeMyTrip Private Limited

The Delhi High Court stayed the recovery of a Rs. 223.48 crore penalty imposed by Competition Commission of India (CCI) on MakeMyTrip (P) Ltd. for abuse of its dominant position.

Case Briefs High Courts

Delhi High Court sets aside conviction 19 years after the verdict over lost Trial Court’s records

The conviction and sentence awarded to a man in 2003 for culpable homicide not amounting to murder has been set aside by the Delhi High Court more than 19 years after the appeal was filed, due to the persistent inability to locate or reconstruct the trial court record.

Case Briefs High Courts

Writ petition under Article 226 of the Constitution cannot be filed for seeking alteration in contract: Delhi High Court

The Delhi High Court held that a borrower cannot ask for alteration of contract by way of a writ petition and a contract can only be altered through mutual consent between the parties.

Case Briefs High Courts

Madras High Court |Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act

Madras High Court: The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction

Case Briefs High Courts

Infirmities pointed out by the convict need reconsideration ; Delhi High Court grants bail to accused convicted of rape of woman he met on Tinder

Delhi High Court: In an application under Section 389 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC)

Advance Rulings Case Briefs

Maharashtra Appellate Authority for Advance Ruling | “One Stop Crises Centre” Scheme can be construed as subsidy, not subject to GST; Set aside MAAR ruling

Appellate Authority for Advance Ruling (Maharashtra): In an appeal filed under Section 100 of the Central Goods and Services Tax

Case Briefs High Courts

Tripura High Court| Pay scales of Tripura Jute Mills workers and employees to be brought. on a par with their counterparts in 32 PSU’s /Statutory bodies

Tripura High Court: In appeals directed against the judgment passed by the Single Judge in a batch of writ petitions,

Case Briefs High Courts

Allahabad High Court observes statements of victim and informant unreliable, when not supported by medical evidence; Releases the accused convicted for Rape

Allahabad High Court: In an appeal against the decision of the Trial Court whereby the accused/appellant has been convicted and sentenced to

Case Briefs High Courts

Bombay High Court| Once prosecution has proved the offence of rape, there is no reason for the Trial Court to award a lesser sentence than what the statute prescribes

Bombay High Court: While deliberating upon the instant appeal challenging the conviction and sentence under Section 376, IPC [rape], the Division Bench

Case Briefs High Courts

Calcutta High Court | Chairman of District Primary School Council does not have the authority or jurisdiction to issue transfer order

Calcutta High Court: The Division Bench of Subrata Talukdar and Krishna Rao, JJ. has allowed an appeal filed against the

Legislation Updates Rules & Regulations

Application u/s 158AB to defer filing of appeal before Tribunal or jurisdictional High Court introduced vide Income-tax (Twenty Second Amendment) Rules, 2022

The Central Board of Direct Taxes notifies Income-tax (Twenty Second Amendment) Rules, 2022 to amend the Income-tax Rules, 1962. The amendment introduces