Case Briefs Archives | Page 243 of 914

‘Telephonic conversations for brief period cannot be construed as hearing’; Delhi High Court sets aside order passed in violation of S. 75 of CGST Act

“The opportunity of hearing, which the Officer is statutorily required to give to the person against whom an adverse decision is contemplated, is not an empty formality, and is a well-recognised principle of audi alteram partem, which has rightly been incorporated in Section 75(3) and 75(4) of the CGST Act.”

Case Briefs High Courts

Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court

“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”

Case Briefs High Courts

‘Prosecution has a duty to explain delay in producing contraband and its condition’: Kerala High Court acquits convict under Abkari Act

Kerala High Court viewed that the conviction and sentence passed by the lower courts suffered from illegality and could not be sustained.

Case Briefs High Courts

‘Personal guarantor’s claim of getting right to be heard at belated stage not sufficient’; Delhi High Court dismisses petition, leaves matter open for NCLT

“If in the present case, the petition is entertained, it will eventually subvert the procedure laid down under the Insolvency and Bankruptcy Code, 2016 and the respondent in return will be denied the opportunity to present their case before the concerned NCLT.”

Case Briefs District Court

‘Polo/Ralph Lauren Co. failed to establish prima facie infringement’; Tis Hazari Court vacates interim injunction against Home Needs for use of mark ‘POLO Lifetime’

“Marks of plaintiff and defendant appear quite distinctive as except the word mark POLO there is no similarity. The defendant’s mark uses suffix ‘LIFETIME’ which is predominant whereas plaintiff’s mark uses suffix ‘Ralph Lauren’ and ‘picture of polo player’.”

Case Briefs High Courts

Whether SEBI in exercise of powers under SEBI Act can prevent a bank from proceeding under SARFAESI Act, 2002? Delhi High Court analyses

SEBI is possessed with powers under the SEBI Act, 1992 to direct the petitioner bank in specific, and banks in general, regardless of them being registered with SEBI.

Case Briefs High Courts

[Persons with Disabilities] ‘Struggling to be heard’; Delhi High Court requests ASG to represent Centre for effective adjudication of matter

“This Court is saddened to see such a sorry state of affairs, where members of the petitioner Society, being persons with disabilities and, over and above everything else, being citizens of this Country having an order in their favour passed by a Statutory Authority in 2019, are being compelled to move pillar to post seeking implementation of their rights.”

Case Briefs High Courts

Complaint under S. 498-A, IPC filed by the second wife against the husband and in-laws cannot be maintainable: Karnataka High Court

The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.

Case Briefs High Courts

Power to seal cannot be exercised unless expressly conferred by law: Bombay High Court

Bombay High Court expressed that sealing of premises is a drastic action which leads to tinkering with the substantive right to hold, use or occupy immovable property.

Case Briefs Supreme Court

‘Courts cannot lose sight of serious accusations against an accused while granting bail’; SC sets aside cryptic and casual bail order

The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.

Case Briefs High Courts

WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee’s plea against CBI-ED probe to the Chief Justice after ED’s objection

The ED raised preliminary objection for this Court to hear out the matter as per the Supreme Court’s order dated 28-04-2023 and the Assignment order dated 01-05-2023.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In project wise insolvency, IRP/RP cannot seek unpaid Fees/Costs from members of CoCs of another project of Corporate Debtor: NCLAT

The NCLAT held that the appellant has no Locus Standi to make claim for any unpaid Fees/Costs from the members of the CoCs, as he is neither the RP in the project nor is connected with another project.

Case Briefs High Courts

PayPal is a ‘payment system operator’ under PMLA; Delhi High Court quashes monetary penalty imposed by Financial Intelligence Unit, India

All the elements of the transaction comprised or connected with a payment being effected between two parties would appear to fall within the scope of the expression ‘payment system’ as defined under Section 2(1)(rb) of the PMLA.

Case Briefs Supreme Court

“Voter’s right to know election candidate’s full background is an added dimension to rich tapestry of Constitutional jurisprudence”; SC dismisses BB Patil’s appeal

The alleged non-compliance with statutory and Election Commission mandated regulations, and their legal effect, cannot be examined through a summary proceeding under Order VII Rule 11, CPC, or even under Order XII Rule 6, CPC.

Case Briefs High Courts

Police SI Recruitment Exam| “No leniency with bail petitions of cyber-thugs”: Punjab and Haryana High Court

“If this scam had not come to light, so many corrupt and unethical people would have got appointed to the sensitive post of Sub Inspector by giving money.”

Case Briefs Supreme Court

SC warns States/UTs for failure to submit response on National Policy on Menstrual Hygiene

The Court directed the States and Union Territories to submit their responses positively by 31-08-2023.

Case Briefs High Courts

Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC

Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.

Case Briefs High Courts

WhatsApp status should be communicated responsibly; Bombay High Court rejects application for quashing of FIR under SC/ST Act

A person should behave with a sense of responsibility while communicating something to others and cannot justify the same through limited circulation.

Case Briefs High Courts

Madras High Court refuses to grant police protection for conducting Theemidhi Urtchava Celebration at Arulmigu Sri Rudhra Temple

The purpose of a temple is to enable the devotees to worship God for peace and happiness. However, unfortunately, temple festivals are perpetuating violence, and it is only becoming a center stage for groups to show who is powerful in the particular area.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Calvin Klein for marks ‘CK’, ‘Calvin Klein’, ‘ck one’ used for perfumes

“Testers are being sold by the defendants, Xeryus Retail (P) Ltd. masquerading them as perfumes of the plaintiff, Coty Germany GMBH for sale, thereby, luring customers into paying money for such testers which are otherwise, not to be commercially dispensed.”