Case Briefs Archives | Page 200 of 914

Armed with iron rod but gave leg and fist blows; Punjab and Haryana High Court grants pre-arrest bail in a murder case

Punjab and Haryana High Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses, as against the contentions.

Case Briefs High Courts

Delhi High Court imposes cost on Union of India for lackadaisical approach while dealing with a 96-year-old freedom fighter

A 96 years old freedom fighter has been made to run from pillar to post to get his rightful pension. The inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender and probably his entire land would have been attached in the proceedings initiated by the British Government.

Case Briefs High Courts

Calcutta High Court refuses to interfere with order reducing security deposit in vessel MT TSM Pollux arrest case

In a case related to modification of a security order related to the arrest of a vessel and claim for damages due to business losses, the Calcutta High Court ruled in favour of respondent, but acknowledged the appellant’s prima facie case for damages.

Case Briefs High Courts

Terms contained in approved Resolution Plan also binding on stakeholders who can file claims, but did not do so: Delhi High Court

“The respondent, having failed to lodge its claim, cannot enforce the impugned orders and notices, given the binding nature of the approved Resolution Plan.”

Case Briefs High Courts

Delhi High Court declares ‘NEW BALANCE’ and ‘NB’ marks as well-known trade marks

“The mark “NEW BALANCE” is a unique combination of two distinctive words i.e., “New” and “Balance” which have no connection, allusion, or description of the products of the services offered by plaintiff and the logo is also quite distinctive.”

interim relief to Journalists over Article on Adani Group

Case Briefs Supreme Court

“No coercive steps against Journalists summoned by Crime Branch for article on Adani Group”; SC grants interim relief

An article titled “Documents Provide Fresh Insight Into Allegations of Stock Manipulation That Rocked India’s Powerful Adani Group” was published on the Organized Crime and Corruption Reporting Project (‘OCCRP’) website.

Case Briefs High Courts

No mental stability examination in habeas corpus petition for mother daughter duo alleged of influence under black magic: Gujarat HC

“Practicing black magic can be a personal choice, and the Court cannot delve into such issues in a habeas corpus petition”.

Case Briefs High Courts

“No caprice or arbitrariness”; Calcutta High Court upholds notification for MR Distributorship vacancy

Calcutta High Court emphasised that the declaration of new vacancies should be guided by the interests of the ultimate beneficiaries and the need to ensure efficient operation of the public distribution system.

Case Briefs High Courts

Madras HC directs Customs Department to release apples imported from New Zealand on furnishing bank guarantee towards differential duty

Madras High Court clarified that this interim arrangement would be made only to safeguard the interest of both parties; and the bank guarantee to be furnished by the respondent is kept alive, till the decision is arrived at regarding validity of the notification dated 08-05-2023.

Case Briefs High Courts

Bombay High Court refuses relief to Ankiti Bose, co-founder of e commerce start up Zilingo for want of jurisdiction

There was inconsistency in between the pleadings of the plaintiff about cause of action and the averments made in the petition were not part of the plaint averment.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms dismissal of minority homebuyers’ challenge to Resolution Plan; says it does not fall foul of law on reduction in claim

The democratic principles of the determinative role of majority opinion are enshrined in the IBC, and objections by a minority within a class, when the majority has approved a resolution plan, have no legal standing.

Case Briefs High Courts

[Contempt of Court] Delhi High Court sentences a man to six months simple imprisonment for seeking death penalty for a High Court Judge

“Respondent has used utter derogatory language for the Single Judge bench to the extent of saying that the Single Judge is a ‘thief’ and he has full proof of the same.”

immediate remedial action for severe air quality index

Case Briefs Tribunals/Commissions/Regulatory Bodies

Severe Air Quality Index | NGT directs States’ Chief Secretaries to take immediate remedial action

The Air Quality Bulletins showed that there are various cities where the air quality index has dipped to ‘very poor’ or even to ‘severe’ stage.

Case Briefs High Courts

‘Permissive possession does not create possessory rights’; Calcutta High Court upholds KMDA’s right to cancel the land allotment

Calcutta High Court held that the physical possession of the land was not given to the petitioners, and no lease deed was executed in their favor, leading to the conclusion that they were in permissive possession.

Case Briefs High Courts

Delhi High Court| Remedy under Section 13(10) of SARFAESI Act cannot be considered as a remedy independent of the RDB Act

The Court is unable to accept that the legislative intent is to provide parallel regimes for the recovery of debts. The provisions of Section 13(10) of the SARFAESI Act, thus, cannot be interpreted in the manner as contended on behalf of the petitioner.

Case Briefs High Courts

State is not expected to deprive lawful benefits of employees; Himachal Pradesh HC grants service benefits to employees from initial date of appointment on contract basis

“It appears, in order to avoid its liability to pay salary attached to the post and to deprive the employees from lawful service benefits available to them, exploitative policy of contract appointment for initial five years is being adopted and practiced.”

Case Briefs High Courts

‘Disabled persons compelled to run pillar to post by organisation like KVS’; Delhi High Court directs Social Justice Ministry to issue guidelines for the implementation of reservation policy

It is unfortunate that disabled persons are being compelled to file writ petitions and are being compelled to run from pillar to post by an organization like KVS. They are not claiming any charity, and they are claiming their rights as guaranteed to them under the RPwD Act.

Case Briefs Supreme Court

Supreme Court acquits man in 23 years old rape case for lack of conclusive evidence on victim’s age below 16 years

Both the victim and accused have a right to fair trial, and therefore when the victim’s statement does not inspire confidence and creates doubt, the Court must look for corroborative evidence.

Case Briefs Supreme Court

Supreme Court grants bail in NDPS case; Imposes location sharing as a bail condition

Supreme Court said that the recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of NDPS Act does not apply in this case

National Financial Regulatory Authority Lexus Granito India Ltd

Case Briefs Tribunals/Commissions/Regulatory Bodies

NFRA imposes monetary penalty on Statutory Auditor and Engagement Partner of Lexus Granito India Ltd. in view of their professional misconduct

It is the duty of the auditor to conduct audit with professional skepticism and due diligence and report their opinions in an unbiased manner and the same was not done in this case.