Case Briefs Archives | Page 143 of 914

Case Briefs Tribunals/Commissions/Regulatory Bodies

CoCs cannot consider Resolution Plans from applicants not listed in Prospective Resolution Applicants’ List: NCLAT

NCLAT held that CoCs’ resolution not to consider Resolution Plans from additional new entrants rendered the NCLAT’s orders unsustainable.

dishonest intention in Sec. 415 and 420 IPC

Case Briefs Supreme Court

‘Dishonest inducement is sine qua non to attract Sections 415 and 420 of IPC’; SC quashes FIR against man in Rs. 16 crores cheating case

“For attracting the provision of Section 420 of the IPC, the FIR/complaint must show that the ingredients of Section 415 of the IPC are made out.”

Case Briefs High Courts

“None should suffer for the mistake of Law Publisher”; Karnataka HC sternly warns law publishers to be extra cautious while publishing statutes

The High Court warned that law publishers who fail to be careful while publishing statutory instruments, may end up inviting contempt proceedings in addition to being blacklisted from public tenders for supply of books.

Case Briefs High Courts

Bombay HC confirms death penalty awarded to a former murder convict, who killed his 5 family members

The High Court stated that the convict had taken innocent lives in an extremely barbaric, criminal, and heartless manner. His acts have shocked not only the judicial conscience but also the conscience of society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT appoints amicus curiae for effective resolution of unauthorised encroachments on public parks in Ghaziabad

The National Green Tribunal deemed the personal appearance of authorised officers from Ghaziabad Municipal Corporation and Ghaziabad Development Authority necessary for the next hearing.

Case Briefs High Courts

Notify the Child Protection Policy in the State of Assam by June 24 : Gauhati High Court urges State Government

The inordinate delay in finalization of the agency for conducting social audit does not appear to be in public interest, therefore, the Government is granted liberty to explore alternatives for appointing persons for conducting social audit.

Case Briefs Supreme Court

SC upholds Karnataka HC order quashing proceedings against man accused of rape on false promise to marry due to inconsistent Prosecutrix testimonies

Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition

Case Briefs District Court

[Money Laundering] ‘Glaring case of faulty investigation coloured with motivation/attempt to ensure certain persons go scot-free’; Delhi Court issues notice to IO

In the present case, there is not only undue, unwarranted and unexplained delay for over 9 to 10 years in presenting the charge-sheet or complaint, but also, the investigation is also faulty.

Case Briefs High Courts

In absence of any statutory provision, seniority must be counted from the date of appointment: Himachal Pradesh High Court

“If appellants wanted the seniority of respondent to be counted from a date of joining, then nothing prevented them from mentioning similar condition as was fixed regarding the pay and allowances with respect to seniority also.”

Case Briefs High Courts

‘Petition filed due to misguided over enthusiasm’; Patna HC dismisses plea by a lawyer challenging Sections 2, 9, 12, 18 of the Constitution (101st Amendment) Act, 2016

The public interest asserted cannot be entertained since dealers registered under earlier VAT regime, now shifted to GST regime, by virtue of Constitution (101st Amendment) Act, 2016 cannot be said to be a marginalized section, who are incapable of agitating their rights before the courts of law.

Case Briefs High Courts

Promotion can’t be kept in sealed cover due to pendency of 28-year-old criminal case: Madhya Pradesh High Court

Madhya Pradesh High Court noted that petitioner, a police officer, was a member of the party which was deputed to nab a dreaded anti-social element of Uttar Pradesh, namely Kamaluddin.

Case Briefs High Courts

Nature of duties and functions is the determining factor in ascertaining ‘workman’ under the Industrial Disputes Act; Bombay HC reiterates

The High Court stated that dominant purpose of the employee should be considered, instead of any additional duties performed.

Case Briefs High Courts

Scope of powers to District Registrars under Registration Act cannot be expanded for adjudication of civil disputes or rights: Madras HC

“District Registrar is duty bound to draw a distinction between the summary proceeding and the trial nature proceedings with reference to the Registration Act and the Code of Civil Procedure”

Case Briefs High Courts

Allahabad HC stays Raj Babbar’s Conviction in 1996 Polling Officers Assault Case

“It cannot be disputed that the parliamentary elections have been notified and and there cannot be any doubt so far as the urgency of the applicant is concerned and his affiliation with a political party may also not be doubted as he had been a Member of either House for five times.”

Case Briefs High Courts

Notification declaring land as reserved forest issued in accordance with law and published, cannot be held illegal in suit for permanent injunction: Allahabad HC

“Once the provisions of the Forest Act, 1927 have not been challenged and are valid, the operation of the same cannot be ignored.”

Payment of interim compensation discretionary

Case Briefs Supreme Court

S. 143-A NI Act| Factors laid down by SC for exercising discretion in payment of interim compensation in cheque dishonour cases

“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”

Case Briefs High Courts

“Darker side of picture is yet to come”; Madhya Pradesh High Court directs DGP to conduct inquiry against IO and SHO for mishandling case

Madhya Pradesh High Court emphasised on the seriousness of the matter, highlighting the need for proper investigation and accountability within the police department.

Case Briefs High Courts

RAS 2023 | Rajasthan High Court affirms correctness of final answer key based on RPSC’s expert evaluation

Rajasthan High Court reiterated that the burden of proof lies with the petitioners to demonstrate the incorrectness of the disputed answers.

Case Briefs High Courts

Imposing two different punishments for two teachers of the same university for identical allegations of plagiarism is ‘shocking’: Delhi High Court

Plagiarism by any stretch of imagination will remain plagiarism, irrespective of where the material had been copied from and the quantum of such material copied, will not have any bearing or impact on the alleged misconduct of plagiarism itself.

Case Briefs High Courts

[Unresolved credit score complaint] Read how Kerala HC came to rescue borrower’s right to updated CIBIL Score on closure of loan account and no subsisting loan

The petitioner sought a direction to the Trans Union Cibil Limited to update the credit score on closure of his loan account with Canara Bank.