Case Briefs Archives | Page 320 of 914

22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail

The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.

Case Briefs High Courts

Delhi High Court upholds ICAI’s suo motu power to initiate disciplinary proceedings under S 21 of the Chartered Accountants Act, 1949

“Section 21 does empower the Institute to proceed suo motu and unhindered by the absence of a written complaint or allegation that may be submitted. A written complaint or allegation in writing cannot, in any manner, be understood to be a pre-requisite or a sine qua non for the initiation of action under Section 21.”

Appellate Authority for Advance Ruling (Maharashtra)

Advance Rulings Case Briefs

Providing medical education and health care services through a hospital amount to business; Maharashtra Appellate Authority for Advance Ruling upholds

The service of medical education falls under the category of “educational institution” as defined under the GST law, and accordingly, it was held that the medical education services provided by the appellant to the students will attract nil rate of GST. Further, as the appellant’s hospital is engaged in providing diagnosis and treatment of the patients, hence, their services can be termed as “health care services”, and accordingly held that the said services will be exempt from the payment of GST.

Case Briefs High Courts

Bar under Section 33(5) of POCSO Act is not absolute; Kerala High Court allows recalling of child witness for examination for the just decision of the case

Kerala High Court held that child witness can be recalled for examination; bar under Section 33(5) of POCSO Act is not absolute.

Case Briefs High Courts

Delhi High Court | All Paramilitary personnel entitled to grant of HRA irrespective of rank

The Delhi High Court held that every personnel in the paramilitary forces should be entitled to the benefit of House Rent Allowance (HRA), irrespective of the rank as per their entitlement

Case Briefs High Courts

Whether electro-magnetic radiation from a mobile tower would cause irreparable harm to children with disabilities? Bombay HC answers in negative

Bombay High Court: The Division Bench of M. S. Sonak and Bharat P. Deshpande, JJ., quashed the impugned order of

Case Briefs Tribunals/Commissions/Regulatory Bodies

Approval/Non-approval of Resolution Plan is a commercial wisdom and Tribunal can’t interfere with the commercial wisdom: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeal, Ashok Bhushan, J., Kanthi Narahari (Technical Member) and Barun Mitra (Technical

Case Briefs High Courts

[Mangrove Deforestation] Bombay HC allows felling of about 22,000 mangrove trees for Mumbai-Ahmedabad bullet train project

Bombay High Court: In a matter relating to India’s first bullet train project, which has received criticism from environmental activists

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC expresses severe displeasure over the conduct of PIO for denying providing of information on 2022 DDA Policy

PIO was directed to file a written submission to justify why actions should not be initiated against him/her under section 20 of the RTI Act, 2005 for furnishing misleading and contradictory information.

Case Briefs High Courts

Andhra Pradesh High Court explains scope of the residuary provision provided under Article 113 of the Limitation Act

When a case falls under any specific provision of law, their residuary clauses cannot be resorted to and the parties cannot seek shelter under the residuary provision under Article 113 of the Limitation Act, 1963.

Case Briefs High Courts

Kerala High Court | Courts should carefully analyse cases while dealing with pre-arrest bail pleas under SC/ST Act

It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act

Case Briefs High Courts

[Pilibhit encounter 1991] Allahabad High Court commutes life sentence of 43 police personnel to seven years' rigorous imprisonment

“It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police must arrest the accused and put them up for trial”.

Case Briefs High Courts

All Hydro Power Projects across the State must comply with directions in ‘Zangpo Sherpa case’ in letter and spirit; Sikkim High Court condemns GATI’s careless attitude, resulting in death of two innocent boys

“Should every Hydro Power Project get away with token compensation for loss of life despite standing directions of the highest Court of the State to take precautions, utter chaos would abound on account of their carelessness, which would be unaccountable. It must be borne in mind that human life is as precious, regardless of the geography of the area”

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of WhiteHat Education Technology in a trade mark infringement suit for its mark ‘WhiteHat Jr’

The Delhi High Court held that the marks ‘WhiteHat Jr’ and ‘WhiteHat Sr’ were deceptively similar and therefore, restrained the defendants from using any trade mark, trade name and domain name which would amount to infringement of plaintiff’s mark ‘WhiteHat Jr’.

Case Briefs High Courts

Characterising it as ‘sketchy’ and ‘non-speaking’, Rajasthan High Court sets aside the order of the Joint Commissioner, GST

It suffered from non-application of mind and was in violation of mandatory requirement of section 75 (6) of the CGST Act.

Case Briefs Supreme Court

Candidate cannot challenge selection process after consciously participating in the interview; SC sets aside Allahabad HC’s order in Gram Panchayat Adhikari recruitment case

“The approach of the High Court is like a visually impaired person looking for a black cat in a dark room when the cat itself is not there.”, observed the Supreme Court.

Case Briefs High Courts

Jharkhand High Court | A married woman cannot invoke section 376(2)(n) of the IPC on the pretext of false promise of marriage

Jharkhand High court held that amarried woman cannot invoke section 376(2)(n) of the IPC, after establishing a relationship with man other than her husband

Case Briefs Supreme Court

Pre-mature release of Bilkis Bano gangrape convict: Supreme Court’s May 2022 order; the review petition and its dismissal, explained

The petition had sought review of order directing the Gujarat Government to consider the application for pre-mature release of one of the Bilkis Bano Gangrape convicts, under its policy dated 09.07.1992, which was existing at the time of his conviction.

Case Briefs High Courts

Madras High Court directs Additional Chief Secretary to Government of Tamil Nadu, to get sensitization programmes conducted for police force regarding the rights of persons with disabilities

Upon learning that the police had violated the human rights of a physically challenged person, Madras High Court gave directions to police officials to sensitize police force regarding rights of persons with disabilities and ensure proper functioning of CCTV cameras in all police stations.

Case Briefs High Courts

Allahabad High Court denies bail to two members of Popular Front of India accused of planning an attack on different Hindu Religious Organisation

Ansad Badruddin and Firoz Khan, members of PFI were denied bail by Allahabad High Court, as various contraband articles were recovered from their possession, including a diary disclosing their aim and object of fighting against Hindu religious organisations and to promote the ideology of PFI.