Case Briefs Archives | Page 223 of 914

No absolute or unfettered discretion on the part of Liquidator to cancel auction which is otherwise valid: Supreme Court

Supreme Court said that the mere expectation of the Liquidator that a still higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction.

Case Briefs Supreme Court

Punjab Police Rules, 1934 | Supreme Court discusses SP and SSP’s power to discharge Constable

The Trial Court partly decreed the challenge against Constable’s discharge and held the discharge order illegal on the ground of being passed in violation of principles of natural justice.

Case Briefs High Courts

Rectification petition in a trade mark suit can be filed where the dynamic effect of the registration of impugned mark is felt: Delhi High Court

“With the expansion of the internet, and access to goods and services that may originate from some distant site, a litigant is free to file an infringement, or passing off, suit, before any Court within whose jurisdiction use of the impugned mark takes place.”

Case Briefs High Courts

Large scale exploitation of political power by politicians, especially in land grabbing matters: Madras HC asks landlord to file a memo of calculation of arrears

“Politicians play an influential role in the life of a common man. The words and actions of a politician has an impact on his followers, party men and public at large. It is imperative that this power is not to be misused for illegal and personal gains”

Case Briefs High Courts

Members of Federation of Hotel and Restaurant Associations of India shall use the term ‘staff contribution’ for the amount charged as ‘service charge’: Delhi High Court

“The menu cards shall specify in bold that after the payment of ‘Staff Contribution’, no further tip is necessary to be paid to the establishment, servers or restaurant staff.”

Case Briefs High Courts

Government already addressing immediate healthcare requirements of animals; investing in training, skill development of veterinary personnel: Delhi High Court

“Determining the exigency of combating any virus affecting the well-being of animals requires deliberations amongst experts with niche knowledge and falls outside the Court’s jurisdiction.”

Case Briefs Supreme Court

Supreme Court lays down Principles for exercise of legislative power of abrogating a law declared invalid by Court

“If the legislature merely seeks to validate the Acts, struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would be ultra-vires“.

Case Briefs High Courts

“Lokayukta must set its house in order”; Karnataka HC takes stern note of delay in completion of investigation in a disproportionate asset case

Even though the delay in the instant case was caused due to petitioner’s actions, nevertheless, Lokayukta must complete the investigations within a time frame for a delay may defeat several rights of the petitioner.

Case Briefs High Courts

“Attorney-client communication is privileged”; Calcutta High Court upholds maintainability of third-party appeal in GST fraud investigation

Calcutta High Court emphasizing that attorney-client communication is privileged and held that “Section 126 of the Evidence Act is designed to abort the attempt to intrude privacy of the close preserve of the fund of information conveyed by the client closeted in confidence.”

Case Briefs Supreme Court

No bar on seeking restoration of appeal if assessee is unsuccessful in availing benefit under Amnesty Scheme: Supreme Court

Supreme Court said that, since the appeal is a statutory remedy, the appellant had availed it and withdrawn the same, only as a pre-condition for availing the benefit under the Amnesty Scheme.

Case Briefs High Courts

Delhi High Court injuncts Khesari Lal Yadav from selling any new song to third party till 30-09-2025 in view of an agreement with Global Music Junction

The agreement between the parties is not a contract between an employee-employer or a manager-sportsperson contract, rather they are commercial contracts entered into between parties with equal bargaining power and for mutual commercial benefit. Thus, the agreements between the parties are neither ‘excessively one sided’ nor they impose a ‘bondage’.

Case Briefs High Courts

WhatsApp messages depict normal relationship between daughter-in-law and in-laws; Calcutta High Court quashes Section 498A IPC complaint

Calcutta High Court cited various cases where the Supreme Court has expressed concern over the misuse of Section 498A of the IPC in matrimonial disputes.

Case Briefs High Courts

‘Citizens of India shall not be deprived of statutory benefits merely on ground of not having Aadhar Card’; Telangana High Court reiterates

The Court directed the State to reconsider the petitioner’s request for issuance of Pattadar Pass Book-cum-Title Deed for agriculture lands without insisting to submit her Aadhar Card or its details.

Case Briefs High Courts

Calcutta High Court rejects quashing of criminal proceeding; asserts inadmissibility of “Fishing and roving inquiry” at revisional stage

Calcutta High Court held that the Court has no power to determine the correctness, validity and probative value of the evidence collected by the Investigation Officer during investigation.

Case Briefs High Courts

Granting relief for delivery of possession separately is not required, it is inherent in the decree of specific performance of contract: Andhra Pradesh High Court

“In case where the language of the decree is capable of two interpretations, the interpretation which favours the advancement of the decree by getting its execution is to be preferred.”

Case Briefs Supreme Court

Supreme Court upholds NCDRC order denying compensation to complainant who failed to establish Engerix-B vaccine as cause for his ‘myositis’

Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.

Case Briefs High Courts

Delhi High Court upholds Centre decision to bring all medical devices under the ambit of ‘drug’ under Drugs and Cosmetics Act, 1940

The larger public interest, which concerns patient safety, requires that all medical devices be brought within a regulatory regime. One cannot quibble with the intent, purpose and object with which the impugned notifications have been issued.

Case Briefs High Courts

Acid attack cases sow the seeds of fear and insecurity in society; Court’s role in granting or denying bail significant: Delhi High Court

“A heinous crime such as acid attack on a woman in broad daylight, in a thickly populated area can evoke strong emotions in the society in addition to inflicting grave psychological trauma to the victim.”

Case Briefs High Courts

Karnataka HC permits legal representation to an hexagenerian facing departmental enquiry despite company Rules stating otherwise

The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Resulting Company cannot be held liable for violation of LODR Regulations that occurred prior to its incorporation and listing: SEBI

In this matter SEBI had issued show cause notice to Piramal Pharma Ltd (Resulting Company) for alleged violations done prior to its incorporation and listing by Piramal Enterprises Ltd (Demerged Undertaking).