Case Briefs Archives | Page 301 of 914

Bombay High Court refuses to interfere with arbitration award for consolidated claims

Concluding that the principal contention raised by the petitioner regarding consolidation of claims arising out of nine separate contracts is devoid of substance, the Bombay High Court dismissed the petition refusing to interfere with the arbitral award.

Case Briefs Supreme Court

Decriminalisation of Adultery| Applicability of 2018 Joseph Shine judgment to defence personnels: Supreme Court reserves judgment

Applicant submitted that the 2018 judgment may cause instability within the defence personnel’s services since they function in peculiar conditions who are separated from their families for long durations when posted on borders under challenging conditions, in view of the 2018 judgment, there will always be a concern in their minds about the family indulging in untoward activity.

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

[Eknath Shinde v Uddhav Thackeray] SC Constitution bench defers to decide on the issue of reference of 5-judge bench decision of ‘Nabam Rebia’ to a larger bench

The Supreme Court held that the issue of whether a reference to a bench of 7 judges should be made cannot be considered in the abstract, isolated and divorced from the facts of the case. The bench to decide the issue, along with the merits of the case on 21-02-2023.

Case Briefs High Courts

There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape

While examining the difference between false promise to marry and breach of promise to marry, the Court held that from the facts and circumstances of the case i.e., the extent of being physically involved with her on the false promise to marry in near future. The defacto-complainant being already married, the petitioner cannot be held liable for committing the alleged offences.

Case Briefs High Courts

KFC cannot have exclusive right in the word “CHICKEN”; Delhi High Court directs Trade Mark Registry to instead consider application for advertisement of the mark “CHICKEN ZINGER” in Class 29

The Delhi High Court held that KFC cannot have any exclusive right in the word “CHICKEN”, but the Court directed the Trade Mark Registry to proceed for advertisement of application for the mark “CHICKEN ZINGER” in Class 29.

Case Briefs High Courts

Special Courts under SC/ST Act can order lodging of FIR and pre-trial proceedings, under Section 156(3) of CrPC: Allahabad High Court reiterates

Allahabad High Court saidthat in absence of any specific exclusion, Exclusive Special Courts/Special Courts under SC/ST Act, 1989 may exercise powers to order FIR and investigation as per provisions of Cr PC to achieve object of the Act and ensure speedy justice.

Case Briefs Supreme Court

Supreme Court grants bail to the accused for economic offences under PMLA on having served 50% of his sentence

The petitioner had contended that on account of his wife’s death, he was released on interim bail and had duly complied with all the conditions and had timely surrendered himself. The petitioner had also mentioned the fact that the two main accused in the case were enlarged on bail three years ago who were residents of Kanpur, Uttar Pradesh.

Case Briefs High Courts

Jharkhand High Court acknowledges customary provision for adoption of child in Santhal Community

Jharkhand High Court refused to disturb the findings of Trial Court and Appellate Court in a title suit for succession by an adopted son, whose adoption was questioned on the ground of customary provisions of Santhals.

Case Briefs Supreme Court (Constitution/Larger Benches)

Eknath Shinde v Uddhav Thackeray| SC Constitution bench reserves order on question of reference of 5-judge bench ‘Nabam Rebia’ verdict to a 7-judge bench

The Supreme court while considering the plea posed by Senior Advocate Kapil Sibal appearing on behalf of Uddhav Thackeray faction seeking reference of the Nabam Rabia judgment reserved its order dated 16-02-2023.

Case Briefs High Courts

Court cannot interfere with the enforcement of a bank guarantee except cases where fraud or special equity is prima facie made out so as to prevent irretrievable injustice: Delhi High Court

A Single Judge Bench of Chandra Dhari Singh, J. disposed of the petition and restrained from invoking/encashing the bank guarantee.

Case Briefs Supreme Court

‘Right to property not absolute; can be regulated under Town Planning laws’; Supreme Court upholds Rule mandating reservation of Open Spaces in Development Projects

The Supreme Court observed that an owner of land may not have an absolute and unqualified right which is the idea which not unnaturally comes to mind when the idea of ownership is under consideration.

Case Briefs High Courts

Tribunals have no authority to issue instructions determining dress code for appearance of Advocates: Madras High Court

Madras High Court reiterated that wearing “gown” is only optional and not mandatory before any Courts other than the Supreme Court or the High Courts. Thus, it held that the order of the National Company Law Board imposing a dress code for Advocates for appearance before the Tribunal is without authority and hence, illegal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deduction of TDS itself is not sufficient to conclude the transaction: NCLAT

While dismissing the appeal challenging the order of Adjudicating Authority which dismissed a S. 7 IBC application on the ground of want of limitation, the Tribunal held that there is no question of going into the merits of the case and the application is barred by limitation.

Case Briefs Supreme Court

‘Amount deposited with the Registry should be deposited with banks to avoid loss’; Supreme Court asks Courts/Judicial Forums to frame guidelines

In a builder-home buyers’ dispute, the Supreme Court agreed with the builder ‘s argument that the rule embodied in Order XXI, Rule 4 of CPC, was applicable and the builder could not be fastened with any legal liability to pay interest after April 2005. The bench further opined that all courts and judicial forums should frame guidelines in cases where amounts deposited with the office or registry of the court or tribunal, should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future.

Case Briefs High Courts

Delhi High Court finds no ground for interference as reappreciation of evidence is beyond the scope of Section 37 Arbitration Act

The scope of a challenge under Section 34 Arbitration and Conciliation Act, 1996 and Section 37 of the Arbitration Act, 1996 is limited to the grounds stipulated in Section 34 Arbitration Act.

Case Briefs Supreme Court

‘Additional Special Road Tax not manifestly unjust’; Supreme Court upholds validity of Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972

The State of Himachal Pradesh had appealed against the High Court’s decision which held Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972 as ultra vires of the powers conferred upon the State Government under the Constitution of India. The Supreme Court set aside the said judgment of Himachal Pradesh High Court upholding the validity of Section 3A (3) and related notifications.

Case Briefs High Courts

‘Great risk involved in witnesses evidence based on pure memory’; Ingredients of Section 50 of Evidence Act not satisfied: Jharkhand High Court

While dealing with an appeal in a Title suit for partition, Jharkhand High Court considered the admissibility of disputed relationship of a mother and son through witnesses lacking ‘special means of knowledge’ as required under Section 50 of the Evidence Act, 1872.

Case Briefs High Courts

Can a foreigner claim right to be appointed as a guardian under National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000? Delhi High Court answers

The mere usage of the word “parent”, “relative” or “any person” in Section 14 of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999 does not convince this Court to conclude that a non-citizen could also claim a right to be appointed as a guardian of a person with a disability. Neither of those three expressions can be possibly understood as constituting a legislative intent to recognise foreign nationals as being entitled to be appointed as guardians.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Debt and default are sine qua non and only condition for admitting S. 7 IBC application: NCLAT

While hearing an appeal challenging an impugned order passed by the Adjudicating Authority dismissing a S. 7 IBC application on the ground that the appellant was not able to establish debt and default, the Tribunal held that it is clear from the facts and circumstances the definition of debt and default is rightly established by the appellant and the Adjudicating Authority has committed a patent error while passing the impugned order.

Case Briefs High Courts

Delhi High Court| A legal representative with conflicting interest with that of the deceased cannot be permitted to represent the estate of the deceased

The relief claimed in the present suit by Late Shri S.K. Beri was specifically against Deepak Beri and his family members. Deepak Beri has contested the suit by filing a written statement controverting the averments made to the plaint and seeking dismissal of the present suit.