Case Briefs Archives | Page 187 of 914

Case Briefs Tribunals/Commissions/Regulatory Bodies

Securities Appellate Tribunal directs SEBI to pay 5 lakhs for its lackadaisical approach in defreezing of shares

The present case speaks volumes of the functioning of SEBI in reacting to matters at the last moment.

Case Briefs High Courts

Tender alterations after bid submission arbitrary and violative of Article 14: Calcutta High Court

Respondent authorities are instructed to proceed with the tender process based on the original tender document.

Case Briefs Supreme Court

Supreme Court conditionally suspends BSP MP Afzal Ansari’s conviction in 2007 Gangster Act Case; Restores Lok Sabha MP Status

Ghazipur Court had sentenced Afzal Ansari to 4 years imprisonment along with fine of Rs. 1 lakh, for kidnapping the Vishwa Hindu Parishad leader Nandkishore Rungta and the murder of then MLA Krishnanand Rai in 2005.

Case Briefs High Courts

Protection from marital rape continues in case where wife is 18 years old or more: Allahabad HC acquits husband under S. 377 IPC

The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein

Case Briefs High Courts

Regional Provident Fund Commissioner has no authority to revoke exemption for Jute Mill under Employees’ Provident Funds Act, 1952: Calcutta High Court

Calcutta High Court emphasised that the appropriate Government has not cancelled or amended the terms of the exemption under Section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Case Briefs High Courts

Calcutta High Court affirms conviction under Section 138 of NI Act; upholds Lower Courts’ findings on Part Payment Evidence

Calcutta High Court upheld the lower courts’ conclusion regarding the unreliability of Exhibit A and Exhibit B as the petitioners’ defense did not raise a reasonable doubt.

Case Briefs High Courts

Revisional Court has jurisdiction to take suo motu cognizance of intermediate orders under Sec 397 CrPC: Madhya Pradesh HC

“Section 131 of the Income Tax Act allows the income tax authority to investigate and inquire about property, cash, or valuables obtained during an investigation by other law enforcement agencies, even if no income tax case was pending and the authority can conduct an inquiry to ensure that the appropriate income tax has been paid on the possessions.”

Case Briefs Supreme Court (Constitution/Larger Benches)

Article 370| “Whatever has been, has been…”: Justice Sanjay Kishan Kaul calls for “Truth and Reconciliation” in Kashmir

Calling for a collective understanding of the human rights violations perpetrated both by State and non-State actors, against the people of Kashmir, Justice Sanjay Kishan Kaul recommended the setting up of a Truth and Reconciliation Commission.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Banyan Tree Holdings Ltd. for mark ‘ANGSANA’ in relation to hospitality services, spa

“Spa services have a requirement for high quality, best hygiene, safety/security of customers and if unauthorized use of plaintiff’s mark ‘ANGSANA’ is permitted to be used, the same will result in severe erosion of its goodwill.”

Case Briefs High Courts

Partner cannot be held liable for abetment to suicide, if lover commits suicide due to failed love affair : Chhattisgarh High Court

“For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.”

Case Briefs High Courts

Delhi High Court issues comprehensive guidelines and directions for timely investigation of missing minor children

The present case confronts the situation where the father of the minor child had fortunately found his daughter who came back to the fold of his lawful guardianship, but not without facing hardships and stress as he did not know the progress of the case.

Case Briefs High Courts

Punjab and Haryana HC allows for production of electronic records as evidence for upholding free and fair trial under S. 91 of CrPC

“The High Court balanced the right to privacy of police officials with the accused’s right to a fair trial, emphasizing that accessing electronic records crucial for defence did not compromise the former unduly.“

Case Briefs High Courts

Know why Bombay High Court quashed charges against wife who allegedly assaulted husband with broom, bit his hand

Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”

Case Briefs High Courts

Solid waste management activities are exempted from payment of tax under Bihar Goods and Services Tax Act, 2017: Patna High Court

“The Appellate Authority had allowed the appeal in the case of a different assessee, who had been carrying on the very same work of solid waste disposal in the very same Municipality.”

Case Briefs High Courts

‘NewsClick has a lot to answer’; Delhi High Court dismisses its plea for stay on income tax demand

“NewsClick’s plea of financial stringency based on its balance-sheet inspires no confidence as according to the Assessing Officer the accounts have not been properly maintained.”

Case Briefs Supreme Court (Constitution/Larger Benches)

Know Why SC held ‘State Government’s concurrence was not necessary for President to exercise power under A.370(1)(d); Amendments through circuitous manner would be disastrous’

The piece delves into Chief Justice DY Chandrachud’s deep analysis of the history of Jammu and Kashmir, how the State did not possess ‘sovereignty’ and temporary status of Article 370 and validity of the Jammu and Kashmir (Reorganisation) Act, 2019.

Case Briefs High Courts

[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use

“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”

Case Briefs High Courts

‘Not innocent adopters, but conscious imitators of Johnson & Johnson’s mark ‘ORSL’; Delhi High Court restrains usage of ‘OSRI’ mark for electrolyte drinks

“Defendants’ act of adopting mark which is structurally and visually nearly identical to that of plaintiff along with a trade dress which is also imitative of that of plaintiff, indicates that defendants have strained every nerve to come as close to plaintiff as possible.”

Case Briefs Supreme Court (Constitution/Larger Benches)

7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement

“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”

Case Briefs High Courts

Delhi High Court sets aside IPAB order disenfranchising Yashoda Super Speciality Hospital trademark on ground of violation of principles of natural justice

Yashoda Super Speciality Hospital & Heart Institute happens to be one of the leading hospitals in Ghaziabad.