Case Briefs Archives | Page 299 of 914

Period of suspension of legal proceedings is excludable in computing limitation period for enforcement of right under Section 22(5), SICA: Supreme Court

Supreme Court held that the period of suspension of legal proceedings is excludable in computing the period of limitation for the enforcement of such right in terms of Section 22(5), SICA. Further, the dismissal of the application under Section 9, IBC on the ground of ‘pre-existing dispute’ cannot be held to be patently illegal or perverse.

Case Briefs High Courts

Whether uploading of 10th certificate instead of Aadhaar card amount to ‘incorrect information’ rendering cancellation of the candidature? Delhi High Court rules

The purpose of the application form and admission process is to ensure that no candidate by an unfair means becomes eligible when he is ineligible.

Case Briefs Supreme Court

Ad-hoc judicial service does not count as ‘judicial service’ for elevation as a High Court judge: Supreme Court

Some members of the Andhra Pradesh State Judicial Service had claimed that the service rendered by them as District & Sessions Fast Track judges on Ad-hoc basis was not considered for elevation to the Bench of the Andhra Pradesh High Court.

Case Briefs High Courts

Rajasthan High Court acquits District Transport Office clerk from the charges of demanding bribery after 38 years of conviction

Rajasthan High Court stated that the prosecution had failed to prove the demand and acceptance of the bribe by the appellant and mere recovery of money could not be a grounds to consider it as a bribe.

Case Briefs Supreme Court

Supreme Court to examine scope of SHRC’s power to examine a medical negligence case dismissed by NHRC

NHRC had refused to interfere with the instant case of medical negligence, while SHRC issued certain directions. The High Court also did not find anything wrong with the directions of SHRC, hence, the petitioner approached the Supreme Court in the present matter.

Case Briefs High Courts

“Police cannot be accused of human rights violation at the drop of a hat”, Madras High Court quashes SHRC order

Madras High Court said that there are instances of human rights violation in police stations, but every instance of a casual police enquiry cannot be termed as human rights violation.

Case Briefs High Courts

‘Some contradiction and infirmities in evidence not enough to vitiate prosecution story’; Jharkhand High Court reiterates

Jharkhand High Court concurred with the Trial Court’s decision and held that the prosecution has proved the charge beyond all shadow of doubt which cannot be said to suffer from an error.

Case Briefs High Courts

Madras High Court examines the scope and ambit of S. 174 of CGST Act in context of Notifications issued under the repealed tax regime

The practice and procedure, both pre and post GST are consistent and involve participation of the officer of the DGGI in issuance of show cause notices.

Case Briefs High Courts

Madras HC upholds UGC’s rights and primacy to impose Regulations for conduct of distance education programmes

Madras High Court upheld the right of the UGC to impose Regulation for territorial jurisdiction referring to the primacy given to the UGC under the UGC Act, 1956, as well as Entry 66 of List 1 of the 7th Schedule.

Case Briefs High Courts

Orissa High Court rejects bail of NBFC Director in economic offence case

While rejecting the application for bail under Section 439 of CrPC, Orissa High Court said that the enormity of amount of embezzlement of Rs. 109 crores add to the worries of investors and depositors of the company.

Case Briefs High Courts

Allahabad High Court| Paramedical Council cannot be permitted to grant recognition to institutions providing Paramedical Courses

Paramedical Council of India cannot be permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act.

Case Briefs Supreme Court

No illegality associated with the establishment of Delimitation Commission for the UT of Jammu and Kashmir: Supreme Court

Supreme Court held that there is neither illegality associated with the establishment of the Delimitation Commission, nor anything illegal about the exercise of delimitation of the constituencies undertaken by it.

Case Briefs High Courts

Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional: Telangana High Court

The Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional and the NBFCs operating in the States of Telangana and Andhra Pradesh registered with the RBI will be excluded from the purview of these two enactments.

Case Briefs High Courts

Punjab and Haryana High Court orders for arrest of dismissed Punjab DSP Balwinder Singh Sekhon in Contempt Case

In a case of circulating malicious, libelous and derogatory videos pertaining to the judicial proceedings, the Punjab and Haryana High Court ordered the arrest of dismissed DSP Balwinder Singh Sekhon and another. The Court also directed global blocking of access to all the videos circulated so far.

Case Briefs High Courts

Paucity of funds cannot be a ground for denying payment of salaries; Manipur High Court directs the release of salary due payable for ten years

The Manipur High Court held that paucity of funds could not be a ground for denying payment of salaries and therefore, directed the release of salaries due payable for ten years along with interest at 6% per annum.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In view of moratorium declared by NCLT, all the proceedings in Court, Tribunal cannot continue on account of Amendment to S. 178(6) IT Act: ITAT

ITAT reiterated that IBC has overriding effect on all the acts including Income Tax Act (‘IT Act’) which has been specifically provided under Section 178(6) of the IT Act as amended w.e.f. 01-11-2016.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In what circumstances and conditions, Adjudicating Authority can send back a Resolution Plan to CoC for carrying out changes? NCLAT Answers

In the instant matter an appeal was preferred before NCLAT challenging the order of the Adjudicating Authority remitting a Resolution Plan back to the CoC for reconsideration in accordance with law.

Case Briefs Supreme Court

Authorities cannot be punished for inaction in exercise of power within the prescribed period in the absence of statutory bar: Supreme Court

Supreme Court said that the Allahabad High Court committed a serious error in interpreting Rule 176(4) of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.

Case Briefs High Courts

Delhi High Court directs appearance of Hospital for not adhering to strict timelines under Transplantation of Human Organs Act, 1994

Strict timelines prescribed under the Transplantation of Human Organs Act, 1994, were not being adhered to in taking decisions of organ transplant, therefore, the Delhi High Court directed appearance of hospital on the next date of hearing, failing which costs would be imposed.

National Consumer Dispute Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Failure of duty of care by ICU staff; NCDRC finds compensation granted by SCDRC to be just and adequate

While dealing with a challenge against the order of the State Commission, Delhi, the National Consumer Dispute Redressal Commission found the same reasoned, and the compensation to be just and adequate, thereby dismissing both the appeals.