Case Briefs Archives | Page 171 of 914

Read why Orissa HC altered brother’s conviction from S. 307 to S. 326 IPC for shooting arrow at brother and causing grievous injury

“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”

Case Briefs High Courts

Bar on grant of anticipatory bail in cases under SC and ST Act not absolute when alleged offences, prima facie, not made out: Orissa HC reiterates

The Orissa High Court granted anticipatory bail to a doctor for his apprehension of arrest in a case related to medical termination of pregnancy, where a premature baby girl was born.

Case Briefs High Courts

Husband is a healthy man and can earn money, thus liable to maintain his wife: Allahabad HC upheld Family Court’s order

Allahabad High Court said that no evidence is produced during trial that the wife is living in adultery. Also, if the husband wants to show the wife is living in adultery, he can move application under Section 127 CrPC for adequate relief.

Case Briefs High Courts

Delhi High Court holds South Asian University to be out of the purview of ‘State’ and thus not amenable to writ jurisdiction

The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.

Case Briefs High Courts

Calcutta High Court upholds legality of trial proceedings; dismisses Revision due to advance trial stage and absence of prejudice

Calcutta High Court invoked Section 465 of the CrPC, emphasizing that no finding, sentence, or order shall be reversed unless a failure of justice has been proven.

Case Briefs High Courts

‘Child suffers most casualty in custody battle, loses everything due to polarization of familial relations’; Delhi HC modifies father’s visitation rights

“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”

Case Briefs Supreme Court (Constitution/Larger Benches)

Single Judge vs Division Bench: Supreme Court’s 5-Judge Bench stays Calcutta HC’s Single Bench order defying Division Bench stay on CBI Probe in Fake Caste Certificates Case

In the case relating to allegations of issuance of fake caste certificates, the Single Judge Bench of the Calcutta High Court had directed the handover of papers related to the case of alleged issuance of fake caste certificates to the CBI, despite the stay order of a division bench.

Case Briefs High Courts

Granite stone is “stone” under Entry 109 as not processed in any manner, and taxable at 5%; Allahabad HC upholds Tribunal’s order

Allahabad High Court noted that Entry No. l09 specifically includes “stone” with the caveat that the same shall not include glazed stone, marble and marble chips.

Case Briefs High Courts

‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery

“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”

Israel Genocide Convention Palestinians in Gaza

Case Briefs International Courts

“Israel shall take measures to prevent commission of all acts within the scope of Article II of Genocide Convention in relation to Palestinians in Gaza”: ICJ

ICJ was of the view that the facts and circumstances are sufficient to conclude that at least some of the rights claimed by South Africa, for which it is seeking protection, are plausible.

Case Briefs High Courts

‘No demonstrated legal infirmity or non-compliance with Section 30(2) of the IBC found’; NCLAT upholds Resolution Plan approval

The NCLAT held that the commercial wisdom of the CoC was considered paramount, and no interference was justified.

Case Briefs High Courts

Bona fide necessity to run business from a place will be decided by landlord; tenant cannot resist eviction dictating landlord alternative places: Rajasthan HC

“The petitioner/tenant is not able to demonstrate the extreme hardship caused to him upon vacating the premises in dispute. The litigation has consumed 10 years and thus, the hardship suffered by the respondent/landlord is more than the tenant.”

Case Briefs High Courts

Allahabad High Court explains scope of Sections 311 and 233 CrPC concerning production of defence witness during trial

“Under Section 311 CrPC, the power lies in the Courts only and under Section 233 CrPC, the right lies with the accused and the court’s interference is limited”

Case Briefs High Courts

[Delhi Cantt Rape Case] Delhi High Court nods closure on Rahul Gandhi’s Tweet Controversy disclosing identity of minor victim

Rahul Gandhi informed the Delhi High Court that he has taken down the tweet from 2021 that allegedly disclosed the identity and sensitive details about a minor girl.

Case Briefs High Courts

Calcutta High Court postpones decision on supplementary affidavit due to delay in production of seized electronic devices by CBI

The instant matter is related to selection of the candidates who have scored less marks than the petitioners in the Selection Test, 2016 for Assistant Teachers in secondary schools.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms Committee of Creditors’ authority to opt for liquidation under Section 33(2) of the IBC; sets aside show cause notice

The NCLAT held that the CoC had the jurisdiction to decide on liquidation as per Section 33(2) and its explanation, even before completing all steps for resolution.

Case Briefs High Courts

Delhi High Court upholds registration of mark ‘Premier League’ in favour of Football Association Premier League Ltd.

“‘PREMIER’ as used in appellant’s mark is of a completely different font and style and has a small flower device on top of the word. Thus, concluded that there is no deceptive similarity on a bare perusal of the marks.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBC| NCLAT deems CoC’s rejection of Section 12A proposal unjustified; orders remittance of deposited amount for creditor distribution

Section 12A was introduced in the Insolvency and Bankruptcy Code, 2016, allowing the withdrawal of CIRP with the approval of 90% voting share of the CoC.

Case Briefs High Courts

Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC

Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law

Case Briefs High Courts

Explained| Madras High Court verdict on constitutionality of Section 204 of the Insolvency and Bankruptcy Code

“Regulations and Byelaws framed under Section 204 IBC clearly provide checks and balances. Therefore, it cannot be said to be confirmation of excessive or unbridled power”