Case Briefs Archives | Page 312 of 914

Delhi High Court dismisses petition filed by Association for Democratic Reforms for constituting an independent tribunal to oversee enforcement of Foreign Contribution (Regulation) Act, 2010

The Delhi High Court Delhi dismissed plea for constituting independent tribunal or committee to oversee enforcement of the Foreign Contribution (Regulation) Act, 2010 (FCRA) and held that mere apprehension that the Act was capable of being misused was no ground to create an independent body to oversee the functioning of the FCRA.

Case Briefs District Court

Mere call detail records are not sufficient to proceed against the accused; Saket Court, Delhi releases accused charged for conspiracy and murder

Saket Court, Delhi released an accused charged for conspiracy and murder and the Court held that mere call detail records were not sufficient to proceed against the accused.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes High Level Committee to combat Pollution in River Yamuna

NGT constitutes High Level Committee to be headed by Lieutenant Governer, Delhi to combat unabated pollution caused in River Yamuna and directed to adhere to the timelines laid down.

Case Briefs High Courts

[YashRaj Copyrights case] Delhi High Court issues summons and notice to the American video sharing application ‘Triller’

The plaintiff contended that the impugned platforms contained various features, such as the audio extraction feature, which are beyond the limited role of an intermediary specified under Section 79 (2)(a) of the IT Act, thereby disentitling the defendant from the 'safe-harbour' protection guaranteed to intermediaries under the IT Act.

Case Briefs Foreign Courts

Eskom’s cry about risk of collapse of national grid rings hollow in the face; Constitutional Court of South Africa directs Eskom to supply electricity

The Supreme Court of Appeal dismissed an appeal against the judgment and order of the High Court of South Africa, directing the applicant, Eskom to supply electricity to the two defaulting municipalities pending the institution of review proceedings.

Case Briefs High Courts

Madras High Court| Prison administration needs to be reformed to create a better environment and prison culture to ensure that prisoners enjoy their right to dignified life

Madras High Court said that, while dealing with the issue involved in this public interest litigation, the following words of the South African anti-apartheid activist, Nelson Mandela resonate in their mind – “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones”.

Case Briefs Supreme Court

Only a secured property used as agricultural land can be exempted under SARFAESI Act; Supreme Court sets aside Telangana High Court’s order

Supreme Court opined that instead of shifting the burden of proof on the secured creditor to prove that the secured property was not agricultural property, the Telangana High Court should have laid down the burden of proof on the borrowers.

Case Briefs High Courts

Rajasthan High Court quashes notice issued under Section 148 of the Income Tax Act for non-supply of ‘reasons to believe’

“Sufficiency of material is one thing and supply of the same is another, which is mandatory in nature. Therefore, the non-supply of the material referred to in the reasons to believe would be enough to render the proceedings bad, even though the material for forming the opinion may be sufficient.” observed the Court.

Case Briefs High Courts

Delhi High Court | Delhi Land Reforms Act, 1954 not applicable to the land which has been declared urbanised and had lost its agricultural character

The Delhi High Court held that the Delhi Land Reforms Act, 1954 would not be applicable to the land which had lost its character as an agricultural land and was declared an urbanized land in view of the notifications passed by the Delhi Development Authority and Ministry of Urban Development.

Case Briefs High Courts

[JJ Amendment Act, 2021] Bombay High Court stays the change of exclusive jurisdiction over all adoptions including foreign adoptions from Courts to DM

The petition was filed challenging the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 to the extent that the word ‘Court’ is replaced with ‘District Magistrate’

Case Briefs High Courts

Delhi High Court grants bail to an accused allegedly engaged in cheating citizens of the United States of America from a fake call center

Delhi High Court: In a bail application filed by the accused, Kapil Taneja, seeking bail for alleged offences under Sections 419, 420,

Case Briefs High Courts

Guilt not established beyond reasonable doubt and to the satisfaction of the judicial conscience; Allahabad High Court acquits acid attack convict

Allahabad High Court said that the Trial Court has erred in scrutinising and analysing the evidence on record and the finding in respect of the guilt of convict is perverse and not according to the law. Therefore, it granted benefit of doubt to the convict on the ground of rule of caution.

Case Briefs Supreme Court

Including parole period while determining 14 years’ actual imprisonment for premature release may lead to influential persons applying for multiple paroles: SC

Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.

Case Briefs Supreme Court

“Fragmentation/apartmentalisation of single dwelling units will injure the ‘Lungs’ of the city”; Supreme Court issues directions to protect Corbusian Chandigarh

Taking note of the sorry state of affairs as to how the city of Bengaluru, once considered to be one of India’s best cities, a ‘Garden city’ has been ruined on account of haphazard urban development, the Supreme Court observed that the warning flagged by the city of Bengaluru needs to be given due attention by the legislature, executive and the policy makers and proper balance needs to be struck between sustainable development and environmental protection.

Case Briefs Foreign Courts

Court of Appeal | Application of Principle of Separability requires a legally binding arbitration agreement

The Court of Appeal upheld the decision of the High Court setting aside the arbitral award observing that the application for the Principle of Separability requires a binding arbitration agreement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

UPRERA interprets Section 2 (zk) of RERA Act; upholds Saya Cementation Ltd. as a Promoter in ‘Oh My God’ project

“The request of Saya Cementations to be the promoter of the project along with Alisa Infratech to comply with all the pending and forthcoming obligations jointly and severely under the rules and regulations of the RERA Act was accepted by the Authority”

Case Briefs High Courts

Madras High Court directs authorities to impose strict laws on consumption and distribution of alcohol and to curtail accessibility of alcohol, especially to younger generation

Statutory warnings are intended to instill a sense of fear, but they have had very little effect on human attitudes and behaviour towards alcohol consumption. It is also a sorry state of affairs that persons under 21 years, who are specifically prohibited from drinking alcohol, are in fact addicted to it. Therefore, it is incumbent on the State Government to reduce alcohol dependence and addiction as a public health measure by restricting and effectively regulating its sale and consumption.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT refuses to grant interim relief to Google; directs to deposit 10% of ₹ 936 crore penalty

National Company Law Appellate Tribunal, New Delhi: While deciding an appeal filed against the Competition Commission of India's (CCI) order imposing a

Case Briefs High Courts

Karnataka HC | Memorandum of settlement arrived during divorce proceedings cannot be questioned on the ground of husband’s re-marriage, unless an element of fraud is involved

The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.

Case Briefs District Court

Haryana Court | Right to earn in consideration of work done under an employment is an essence covered by Article 21 of the Constitution of India

Vikrant J. recorded that when the benefit of two ACPs was granted to the plaintiff after the completion of 10 and 20 years of service respectively, there is no justification for not granting him the benefit of 3rd ACP after the completion of 30 years of satisfactory service before retirement.