Case Briefs Archives | Page 304 of 914

Supreme Court stays Kerala HC order directing a woman in same-sex relationship to undergo counselling

The 3-judges Bench of Supreme Court has stayed the impugned order of the Kerala High Court whereby the High Court had asked DLSA to record statements of the detenu and make her undergo counselling. Allegedly, the woman has been kept in illegal detention by her parents.

Case Briefs High Courts

Allahabad High Court| No CIC charges can be demanded from the company, if there is merely a change in name of the allottee company and no change in shareholding

Allahabad High Court held that the demand notice is illegal, as no CIC charges can be demanded from the petitioner company, if there is merely a change in the name of the original allottee/leasee company and there is no change in the ownership or shareholding of the allottee company

Case Briefs High Courts

Bombay High Court directs State police to stop conducting mock drills depicting persons of Muslim religion as terrorists

Bombay High Court: In a PIL filed by the petitioner who is a social activist highlighted the issue of conduct of mock

Case Briefs High Courts

‘Body Building Competition’ a secular and neutral activity; Bombay High Court quashes communication by Kalyan-Dombivali Municipal Corporation for being arbitrary and bad-in-law

The Bombay High Court found the ‘Body Building Competition’ unfit among the categories of acts which are per se obnoxious, unpleasant, avoidable, illegal or negative with respect to the Code of Conduct issued by the Election Commission of India.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT| A mistake in demand notice does not make an application defective unless some prejudice is suffered resulting from such mistake

While deciding the present matter dealing with mistake in demand notice, NCLT held that “the Corporate Debtor has not and would not be prejudiced by fact that Operational Creditor has mentioned the wrong date of default due to its inadvertence.”

Case Briefs Supreme Court

Section 149 CPC acts as an exception, or even a proviso to Section 4 of Court Fees Act ,1870; Supreme Court reiterates

Supreme Court reiterated that in terms of Section 4, an appeal cannot be filed before a High Court without court fee, if the same is prescribed. But this provision must be read along with Section 149 of CPC.

Case Briefs High Courts

Delhi High Court permits mother to relocate to USA with the minor child on remarriage

Technology has advanced so much that regular interactions between two individuals living in different countries or even continents can easily be maintained through video calls and video conferencing. In fact, in the last three years, when the world was grappling with the Covid pandemic, interactions through video calls have become the new norm. Even when Courts today are functioning fully physically, lawyers are being permitted to join through video conferencing only because of the advancements in technology.

Case Briefs Supreme Court

EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment

The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.

Case Briefs Supreme Court

Supreme Court upholds NCLAT order on payment of dues to former employees of Jet Airways

Supreme Court refused to entertain a plea moved by the consortium and upheld the National Company Law Appellate Tribunal’s order directing the consortium to pay the provident fund and gratuity dues of the employees of Jet Airways

Case Briefs High Courts

Delhi High Court directs Government to release Rs.5 lakhs for each victim who lost life in fire accident at Anaj Mandi, Sadar Bazar

Children who ought to have been studying in schools are forced to work in unhygienic, inhabitable places where accidents await. What is more saddening is that these units are working right under the nose of the Government which includes Police officers who are aware of these factories being run, and yet no steps are being taken by the State to curb this menace.

Case Briefs International Courts

ECHR condemns Lithuania for marking LGBTQI+ fairy tale book with a warning label depicting it “unsafe for children”

“The General Court reiterated that a legislative ban on “promotion of homosexuality or non-traditional sexual relations” among minors does not serve to advance the legitimate aims of protection of morals, health or the rights of others and that by adopting such laws, the authorities reinforce stigma and prejudice and encourage homophobia, which is incompatible with the notions of equality, pluralism, and tolerance inherent in a democratic society.”

Advance Rulings Case Briefs

KAAR| Input Tax Credit can be claimed on trade of fresh and semi processed meat products and packed cold cuts spices and masala powder

KAAR ruled that input tax credit must be availed in terms of Section 16, 17 of Central Goods and Services Tax Act, 2017 read with Rule 42 of CGST Rules, 2017.

Case Briefs High Courts

Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal

An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle

Case Briefs High Courts

“Institutional framework in National Trust Act not confined only to persons with autism, cerebral palsy, and mental retardation”; Madras High Court allows appointment of legal guardian for schizophrenic woman

Madras High Court stated that the expression “person suffering from multiple disability” under 1999 Act will be equivalent in meaning to “person with benchmark disability” under Persons with Disabilities Act, 2016. Thus, allowed the petitioner to be appointed as a guardian to her sister, suffering from schizophrenia.

Case Briefs Supreme Court

Supreme Court strikes balance; 20-year-old pregnant woman’s child to be adopted by couple registered with CARA

The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.

Case Briefs High Courts

Madras High Court| Non-signatories can join as parties to arbitral proceedings, if they are the ‘alter ego’ of the signatory

Madras High Court held that the petitioners are not entitled to join respondents 3 to 5 as parties to arbitral proceedings, as they do not qualify as “alter egos” of the first respondent or as successors-in-interest.

Case Briefs Supreme Court

Revision of pay| VRS Employees or those who were terminated or dismissed cannot claim parity with those who retired on superannuation: SC

The Court was deciding the case where the ex-employees of Maharashtra State Financial Corporation had challenged decision denying the benefit of revision of pay scales, as recommended by the Fifth Pay Commission, to the employees who had retired or died during the period of 01.01.2006 to 29.03.2010.

Case Briefs High Courts

Delhi High Court applies the rule of ‘contra proferentem’ to uphold the arbitral award not being hit by ‘patent illegality’

The ground of Patent illegality gives way to setting aside an Arbitral Award with a very minimal scope of intervention. A party cannot simply raise an objection on the ground of patent illegality if the Award is simply against them. Patent illegality requires a distinct transgression of law, the clear lack of which thereof makes the petition simply a pointless effort of objection towards an Award made by a competent Arbitral Tribunal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal | Adjudicating Authority cannot direct Resolution Professional to pay lease amount during CIRP

National Company Law Appellate Tribunal held that Adjudicating Authority cannot direct Resolution Professional to pay lease amount under Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016, during CIRP

Case Briefs Supreme Court

Mere availability of an alternative remedy of appeal or revision would not oust High Court’s jurisdiction and render a writ petition “not maintainable”: Supreme Court

The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.