Case Briefs Archives | Page 315 of 914

‘Time period of 6 months for filing Motor Accident Claim must be calculated from the date of accident’; Kerala High Court interprets “month”

Kerala High Court while dealing with the issue of limitation for filing claim petition, considered the months and not days from the date of accident, for calculating the limitation period.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT: Petrol Pump near Veeranam Lake doesn’t violate CPCB’s 50 Meter guideline

It was alleged that less than 50 meters of distance between Veeranam Lake and the proposed petrol pump violated the addendum of 16.08.2021 to the guidelines of 7.1.2020 issued by the Central Pollution Control Board.

Case Briefs High Courts

Madras High Court directs Tamil Nadu Judicial Academy to conduct a refresher course for the judicial officers, focusing on the special enactments, making them aware of the procedure

While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained

The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether CoC after approval a Resolution Plan can seek direction to consider a new Resolution Plan of a third party who was not a part of the CIRP Proceedings? NCLAT answers

National Company Law Appellate Tribunal, New Delhi: A bench consisting of Anant Bijay Singh, J., and Shreesha Merla* (Technical Member)

Case Briefs High Courts

‘No authority or person should intervene in the enjoyment of live-in-relationship of two consenting adults’; Allahabad High Court directs State to ensure protection of their life & liberty

In the case at hand, the date of birth of both the petitioners showed them to be major and they claim their decision live together to be based upon voluntarily will/option.

Case Briefs High Courts

Delhi High Court directs Government to ensure free food and medical treatment to HIV positive persons below the poverty line

The Delhi High Court held that the Government should ensure strict compliance of the statutory provisions under the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 and directed the Government to ensure free food and medical treatment to HIV/AIDS patients who were below the poverty line and were unable to afford the same.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT sets aside clean chit to DLF in allegations of abuse of dominant position case; CCI to hear matter afresh

In the case at hand, a buyer of an apartment in a DLF Project had allegedly found several clauses of the buyer-seller agreement reflecting abuse of dominance position by DLF which was “highly unfair and discriminatory” to the buyer.

Case Briefs High Courts

Delhi High Court dismisses PIL challenging notification allowing Sikhs to carry Kirpans on flights; says it is a policy decision

The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.

Authority for Advance Ruling (Karnataka)

Advance Rulings Case Briefs

KAAR | Reverse Charge Mechanism not applicable on reimbursement of expenses on actuals to a whole-time director of the company

KAAR ruled that reimbursement of expenses at actual cost which are incurred by the employee on behalf of the company is not liable to tax and reverse charge mechanism is not applicable on reimbursement of expenses on actuals to a whole-time director of the company who is also an employee of the company.

Case Briefs High Courts

‘Amicable settlement between parties is unwarranted when the serious offence of murder is committed’; Gujarat High Court denies bail

Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.

Case Briefs High Courts

No interference in case of well-founded, unshaken ocular and documentary evidence: Calcutta High Court upholds conviction in Acid Attack case

Calcutta High Court based its ruling on the well settled principle of law that where oral evidence is convincing, reliable and trustworthy, the motive behind the occurrence loses its relevance.

Case Briefs Supreme Court

Explained | Is land covered under Section 4 of Punjab Land Preservation Act, 1900 a ‘forest land’ under Forest (Conservation) Act, 1980?

“The Supreme Court held that the lands covered by the special orders issued under Section 4 of PLPA have all the trappings of forest lands within the meaning of Section 2 of the 1980 Forest Act and, therefore, the State Government or competent authority cannot permit its use for non-forest activities without the prior approval of the Central Government with effect from 25-10-1980.”

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Demonetisation Verdict: Breakdown of the majority and minority opinions

While BR Gavai, J has written the majority opinion for himself and SA Nazeer, A.S. Bopanna, V. Ramasubramanian, JJ, to uphold the legality of the 2016 demonetization, BV Nagarathna, J is the lone dissenter who has held that though demonetisation was well-intentioned and well thought of, the manner in which it was carried out was improper and unlawful.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Commissioner ought to have followed Supreme Court’s Ranbaxy Laboratories verdict’; CESTAT grants interest on delayed sanction of Refund claim under Rule 5 of CENVAT Credit Rules

“When series of decisions of Constitutional Courts are available then the Principle of Judicial discipline cast a duty on me to follow those and nothing else”, observed the Tribunal.

Case Briefs High Courts

State must follow the specific method stipulated in the enactments for determining the value of the property, Madras High Court reiterates

A welfare State has necessarily to balance augmenting of its revenues to provide for sources of funds for welfare measures and other expenses of the State on the one hand and mitigating the hardship of taxes as far as possible to its citizens, on the other.

Case Briefs High Courts

Last date for admission in EWS category is 31st December of any given academic year; belated admission impermissible: Delhi High Court

The Delhi High Court held that belated admission in a particular academic year would be totally dehors the scheme of the Delhi School Education Act and Rules, 1973 and would be counterproductive to the very purpose of reserving seats for children belonging to the EWS category.

Case Briefs High Courts

Explained | Why Rajasthan High Court denied relief to Robert Vadra in Money Laundering Case

“The Courts must certainly step in and thwart any and all kinds of injustice, malafide and/or arbitrary exercise of executive power on the liberty of the citizens of this country; however, in absence of the same, any judicial interference in the domain of the executive, would be unwarranted.”

Case Briefs High Courts

Karnataka HC refuses to entertain writ petition against Bharat Biotech vis-à-vis a private contract with United Brothers Healthcare Services for supply of Covaxin doses

Karnataka High Court observed that merely because Covaxin is being taken by public, it will not make a private contract enforceable or justiciable in the Courts of law, which are pre-dominantly meant for public law remedy.

Case Briefs High Courts

Allahabad High Court | Removing the corpse from place of murder does not cause disappearance of evidence of murder

Allahabad High Court observed that Section 201 IPC looks upon a person giving false information with intent to screen an offender as an accessory after the fact and makes him culpable as an offender committing an offence against public justice. It partly allowed the appeal against conviction under Section 201 IPC, but upheld the conviction for murder.