Case Briefs Archives | Page 119 of 914

Does the victim have a statutory right to be impleaded in a revision petition? Delhi HC Answers

‘While the victim/complainant has a right to be heard in the revision proceedings, such right does not upscale itself to a right to be impleaded in the said criminal revision’

Case Briefs High Courts

Chhattisgarh High Court takes suo moto cognizance of alarming rate of road accidents; asks State to show compliance report on Supreme Court’s directions in S. Rajaseekaran (II) case

The Court acted in response to the various newspapers reporting of the alarming condition of traffic on the streets/roads and especially in Highways of the State, owing to over speeding, roaming of stray cattle on the roads, non-maintenance of the roads, poor lighting, absence of proper signage, absence of reflectors, lack of patrolling by the authorities, disorderly parking of trucks and vehicles on the roads, driving of vehicles after consuming alcohol, etc.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC stays Maharashtra Consumer Commission’s order directing Honda Motors to replace defective vehicle

The Maharashtra Commission in the impugned order, had concluded that the vehicle had a manufacturing defect, without calling for an expert report on the matter.

Case Briefs Supreme Court

Explained| Supreme Court verdict on Constitutionality of ICAI guidelines limiting number of tax audits by chartered accountants per year

“One of the objects of the Chartered Accountants Act, is to ensure that the profession of the Chartered Accountant in the country maintains high professional ethics and renders quality service since Chartered Accountants are necessary for the efficient tax administration in the country”

Case Briefs High Courts

‘Proceedings still at a nascent stage’; Delhi High Court transfers case for winding up of company to NCLT

The Delhi High Court said that the winding up proceedings which have not progressed to an advanced stage before the High Courts, ought to be transferred to the NCLT.

acquittal on material omissions of witnesses

Case Briefs Supreme Court

Supreme Court acquits 5 in murder case on material omissions affecting reliability of witnesses

“The requirement under Section 145 of the Evidence Act, 1872 of confronting the witness by showing him the relevant part of his prior statement is to give the witness a chance to explain the contradiction and this is a rule of fairness.”

Case Briefs High Courts

‘Merely writing one line on ‘non-practicality of holding inquiry’ not enough’; P&H HC sets aside SSP’s order dismissing probationer SI accused of taking illegal gratification

The Court directed that the SSP should be free either to conduct departmental inquiry after following due procedure prescribed by Punjab Police Rules, 1934 or take appropriate decision after conclusion of criminal proceedings.

Case Briefs District Court

Inside Thrissur District Consumer Commission order on Britannia selling biscuits below packaged weight

“Such a deceptive act from the part of an erring manufacturer or trader is tantamount to jeopardizing the very dignity of the consumer and his right to live a life free from exploitation or deception or any kind of unfair trade practice.”

Case Briefs High Courts

POCSO| ‘No absolute bar on recalling victim witness but each case must be evaluated on its own evidence’; Orissa HC dismisses application to recall child victim to Court

“There is no absolute bar under Section 33(5) of the POCSO Act to recall a victim witness, every case has to be weighed on the strength of its own evidence and necessity of recalling the child victim.”

Case Briefs High Courts

‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED

“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”

Case Briefs High Courts

Delhi High Court directs State Bank of India to provide all documents forming basis of the Show Cause Notices issued to Educomp Solution

The Delhi High Court emphasised that if the relevant documents are not provided to a party, the whole procedure of issuance of Show Cause Notice would be reduced to an empty formality.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Set top boxes covered under the definition of ‘input’ under Rule 2(k) of CENVAT Credit Rules, 2004; Credit admissible to Dish TV India Ltd: CESTAT

“It is a well settled principle in the law that the taxing statute needs to be construed strictly according to the words phrases used in the statute; there can be no other interpretation when literal interpretation is unambiguous.”

Case Briefs High Courts

‘Not maintainable at this stage’; Delhi HC dismisses petition seeking to set aside order cancelling candidate’s nomination to contest Lok Sabha Election

Respondent submitted that present petition is not maintainable, at this stage, in view of the bar under Article 329(b) of the Constitution and the petitioner has the remedy of filing an election petition after the elections are over.

Case Briefs High Courts

Delhi High Court discharges advocate for contempt of Court due to medical reasons; Directs Bar Council to assess his fitness to practice

The Delhi High Court refrained from taking any coercive action against advocate for contempt of Court in view of his medical condition.

Case Briefs High Courts

‘Can only claim partition of assets of HUF as on the date of institution of suit’; Delhi HC dismisses plea seeking amendment of plaint to include alienated shares worth Rs. 15,30,00,000

The Delhi High Court said that in a suit for partition and possession, a relief of declaration sought by way of amendment is impermissible as it would change nature of suit.

Case Briefs High Courts

[Delay and Laches] Delhi High Court dismisses petition seeking land reallocation in exchange for Jhuggi demolished 17-years-ago

Since the Petitioner made an inexplicable delay in filing the petition for reallocation of land by DDA after receiving license fee, the petition deserves to be dismissed on account of delay and laches.

Case Briefs High Courts

[Rajkot Gaming Zone Fire] Gujarat HC takes suo motu cognizance of gaming zone fire tragedy

“Prima-facie, a manmade disaster has occurred where many lives have been lost and families have grieved today for the loss of lives in their respective families.”

Case Briefs Supreme Court

Inside Supreme Court judgment referring the issue of recovering time barred debts under Special Statutes to 3-judge Bench

Supreme Court reiterated that the laws of limitation only bar the remedy and do not extinguish the right, except in cases where title is acquired by prescription.

Case Briefs High Courts

Bombay High Court grants one-week temporary bail to life convict to appear for law entrance exam

The Bombay High Court noted that the applicant was in jail for the last nine years and during trial he was on bail for some period, and he did not misuse the liberty granted to him.

Case Briefs High Courts

‘Counterclaim akin to a cross-suit, can proceed independently’: Allahabad HC allows counterclaim to proceed after withdrawal of main suit

“Insofar as Rule 6-D of Order VIII C.P.C., it clearly provides for “Effect of discontinuance of suit” that if in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.”