Case Briefs Archives | Page 199 of 914

Delhi High Court dismisses plea challenging appointment of Dr. Ishwarappa as Director of Morarji Desai National Institute of Yoga

“Petitioner has not provided evidence of such a nature that will compel the Court to override the presumption of regularity or question the legitimacy of Dr. Ishwarappa’s tenure as a Director of Morarji Desai National Institute of Yoga.”

Case Briefs High Courts

[Illegal Coal Levy Scam] ‘Actively participated in extortion racket, managed illegal cash’: Chhattisgarh HC denies anticipatory bail to alleged mastermind’s brother

“It is revealed during the investigation by Enforcement Directorate that the applicant is the brother and a close associate of the mastermind behind the present illegal coal levy scam and, is having strong links with politicians and businessmen in Chhattisgarh.”

Case Briefs High Courts

To what extent can Court interfere with arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996? Calcutta High Court determines

Calcutta High Court used the analogy of a doctor removing a poisoned leg to prevent the spread of poison throughout the body to illustrate the concept of severability in arbitral awards.

Case Briefs High Courts

Delhi High Court| Claim for refund of CENVAT credit cannot be negated in the absence of self-assessed return being questioned, reviewed or re-assessed

Unless the self-assessed return, as submitted had been questioned, re-opened or re-assessed and the assertion of the petitioner of the services rendered by it qualifying as an “export of service” questioned or negatived in accordance with the procedure prescribed under the Act, its claim for refund could not have been negated.

Case Briefs High Courts

Simple act of touch cannot be considered manipulation for penetrative sexual assault under POCSO Act: Delhi High Court

“Conviction can be made only on the basis of the testimony of the prosecutrix without any independent corroboration. However, in such case, the testimony of the prosecutrix has to be of a sterling quality.”

Case Briefs Supreme Court

Review Petition has limited purpose, cannot be allowed to be appeal in disguise: Supreme Court regurgitates law on scope of review

Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.

Case Briefs High Courts

Making unsubstantiated allegations and waging legal war against husband and his family member amounts to extreme cruelty: Delhi High Court sets aside divorce decree

“Additionally, the attempted mediation settlement was also violated by the wife, who only wanted to enjoy the monetary benefits arising out of the settlement but never wanted to fulfil her end of the bargain”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Belated claims, even if allegedly due to fraud, may not be admitted once Resolution Plan is approved: NCLAT

The NCLAT rejected Resolution Professional’s reliance on Section 17 of the Limitation Act, 1963, as no fraud was found on the part of the Corporate Debtor.

Case Briefs High Courts

Delhi High Court directs MCD to conduct regular monitoring of Azad Market, Delhi to identify persons violating fire norms

“In the future if stray individual cases of unauthorized and illegal construction are found dotting Azad Market, Delhi, petitioner may approach the Special Task Force constituted by the Ministry of Housing and Urban Affairs, Government of India.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Withdrawal of suit cannot be considered as failure of prior proceeding’; NCLAT rejects Section 9 application as being time-barred

A mere availability of arbitration or any other proceeding could not preclude the operational creditor from initiating proceedings under Section 9 of the IBC. The critical question would be whether the application was filed within the limitation period.

Case Briefs High Courts

[Forum Shopping] Filing anticipatory bail application, while a regular bail application is pending, is misuse of Court’s process: Allahabad HC

Allahabad High Court said that the applicant is used to filing multiple applications and petitions at various forums including the High Court. These acts are a classic example of forum shopping, and it cannot be permitted to keep on going so eternally.

Case Briefs High Courts

Bombay High Court refuses interim relief against production of Goodachari 2

“Ordinarily, once a finding is rendered that no prima facie case is made out, no discussion is warranted on the aspects of grave and irreparable loss and balance of convenience.”

Case Briefs High Courts

Delhi High Court upholds Delhi Electricity Regulatory Commission (Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation) Regulations, 2021

“Petitioner has not controverted this categorical assertion and never sent in any objections, comments, or suggestions in response to these draft regulations. Rather, at this stage, after finalization of the 2021 Regulations, challenge is being raised on non-existent and invalid grounds.”

Case Briefs Supreme Court

[Non-Disclosure of Criminal Antecedent] Supreme Court directs appointment of judiciary aspirant to post of civil judge with seniority from date of selection

“The nature of the offence against the petitioner is itself an extremely minor offence under IPC. For the non-disclosure of this offence, she has already suffered since in the first round of selection in 2017. To punish her again for the same reason in the next selection process is not justified.”

rectification petition specific challenge trade mark

Case Briefs High Courts

[Oreo v. Fabio] Specific challenge to validity of mark to be made u/s 124 of Trade Marks Act, 1999 to ascertain prima facie tenability of challenge: Delhi High Court

“A party can only seek permission from a Court to reserve its rights to urge a challenge at a later point of time. For that, such rights must be in existence in praesenti, when the plea is made, or should be foreseeable as arising in the future.”

Case Briefs High Courts

[Contempt of Court] Allahabad High Court directs contemnors to annex copy of this order to disclose before Courts their previous conduct in future proceedings

“Court proceedings are formal proceedings which must be allowed to be conducted in a dignified manner without undue disruptions”

Case Briefs High Courts

Criminal Justice| Madhya Pradesh High Court directs integration of “SANDES APP” and ICJS for witness protection and improved communication

The overarching objective of the previously issued orders is to expedite the trial process and provide protection to victims and witnesses in heinous offenses.

Case Briefs High Courts

Explain pros and cons of medical termination of pregnancy in rape cases, in Hindi or English: Delhi High Court

“Medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from doctors who examine such victim and explain to them the pros and cons.”

Case Briefs High Courts

Delhi High Court directs State, Delhi Jal Board and MCD to comply with Supreme Court directions for enforcement of PEMSR Act, 2013

The present petition was filed for strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The issues involved in the present cases stand concluded on account of the judgment delivered by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Single Real Estate Allottee cannot trigger Insolvency Proceedings under Section 7 of IBC: NCLAT

The underlying claim of an aggrieved party, such as an allottee, is crystallized in the form of a court order or decree, and this does not alter or disturb their status as financial creditors.