Case Briefs Archives | Page 321 of 914

Loss of human life should not be permitted merely at the altar of technicalities; Punjab and Haryana High Court allows Swap Transplantation of kidneys

Punjab and Haryana High Court deemed mother-in-law as near relative and allowed swap transplantation of kidneys.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Principle that governs compensating a party for the time value for money would be applied for grant of interest on carrying cost on account of a change in law event; Appellate Tribunal for Electricity reiterates

The interest in ‘carrying cost' is nothing but time value for money and the only way a party can be afforded the benefit of restitution in every which way.

Case Briefs High Courts

ECI is free to proceed in the Shiv Sena Election Symbol dispute; Delhi High Court refuses to entertain the appeal seeking to quash ECI restraint order

Delhi High Court: In the instant appeal filed challenging the order and judgment of a Single Judge bench which refused

Case Briefs High Courts

Delhi High Court stays CCI’s order for recovery of Rs. 223.48 crore from MakeMyTrip Private Limited

The Delhi High Court stayed the recovery of a Rs. 223.48 crore penalty imposed by Competition Commission of India (CCI) on MakeMyTrip (P) Ltd. for abuse of its dominant position.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Application under Section 7 IBC relating to the interest component due even if principal amount is not due, held maintainable

National Company Law Appellate Tribunal | Upholding the maintainability of an application filed under S. 7 IBC, a bench comprising of Rakesh

Case Briefs Supreme Court

Explained | Why Supreme Court transferred former Andhra Pradesh Minister Y.S. Vivekananda Reddy’s murder trial to CBI Special Court at Hyderabad

Supreme Court observed that the principles of Administration of Justice states that justice should not only be done but it should be seen to be done and free and fair trial is sine qua non of Article 21 of the Constitution.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder deliberately not handing over the possession to the allottee despite receiving the whole of consideration; Haryana RERA modifies order of the State Authority to extend due date of delivery of the unit

The appellant was given ample opportunity to represent and defend itself, therefore, the contention of the appellant that the authority had not complied with the RERA Rules was found to be meritless.

Authority for Advance Ruling (Karnataka)

Advance Rulings Case Briefs

KAAR| Maintenance and repair services of test bench equipment used for testing air worthiness of an aircraft does not qualify to be an aircraft or its engine or other aircraft components

KAAR ruled that as the applicant is providing maintenance and repair services of test bench equipment used for testing air worthiness of an aircraft that does not qualify to be an aircraft or an aircraft engine. Further, to be termed as other aircraft components it should form a component of aircraft and, hence, not taxable at the rate of 5 percent GST.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Microsoft Corporation and awards damages of Rs. 20 lakhs in a 12-year-old copyright infringement suit

Microsoft filed the present suit for permanent injunction against the defendants restraining them from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programmes, thereby infringing the copyright in the plaintiffs’ computer programmes/software titles.

Case Briefs Foreign Courts

Can’t allow collateral attack on the criminal convictions: High Court of the Republic of Singapore dismisses constitutional challenge by 4 inmates against provisions in drug law

“Despite the claimants’ assertion that they seek only to examine the Constitution, the true subject matter of the present application is the propriety of the claimants’ convictions, which were the remit of their respective cases in the High Court and Court of Appeal. This application for permission amounts to a collateral attack on the earlier criminal decisions.”

Case Briefs High Courts

Does Civil Court have jurisdiction to determine title of shares issued ‘fraudulently’? Calcutta High Court examines

Calcutta High Court | Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into

Case Briefs High Courts

Bombay High Court | Interim maintenance cannot be denied based on qualifications of wife

Bombay High Court held that maintenance cannot be denied because of possession of higher qualification by wife considering the wife is unemployed.

Case Briefs Supreme Court

Supreme Court| Principal employer cannot be directed to absorb contractual workers in absence of notification prohibiting contract labour, or allegations of contract being sham

Supreme Court reiterated that, in absence of any notification under S.10 of CLRA Act, 1970 and any allegations that the contract was sham and camouflage, the Courts cannot direct the principal employer to absorb contractual workers as employees

Case Briefs High Courts

Bombay High Court grants interim injunction against Mumbai Khadi and Village Industries Association for allegedly using device mark/logo ‘KHADI’

The Court observed that Khadi & Village Industries Commission holds registration for its wordmark KHADI, label mark and device mark, for a plethora of classes and not limited to cloth or textile products.

Case Briefs High Courts

Karnataka HC | A third party’s privacy cannot be permitted to be violated on the specious plea of a husband seeking to prove his wife’s illicit relationship

A Family Court order allowed a husband to seek mobile tower record details of the petitioner’s mobile number, so that he can prove the existence of illicit relations between the petitioner and his wife. The Karnataka HC sternly quashed the same citing violation of petitioner’s Right to Privacy

Case Briefs High Courts

Delhi High Court | All schools to ensure that no EWS category student, recommended by the Department of Education, is denied admission

Justice CD Singh echoed Swami Vivekananda’s words that “Now if the mountain does not come to Mohammed, Mohammed must go to the mountain. If the poor boy cannot come to education, education must go to him.”

Case Briefs High Courts

Delhi High Court directs Kendriya Vidyalayas to provide basic facilities to children with disabilities as provided under Rights of Persons with Disabilities Act, 2016

In this case, the father of a minor child having visual impairment of over 75%, filed a writ petition seeking grant of books, earning materials and assistive devices along with other facilities as provided under the Rights of Persons with Disabilities Act, 2016.

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

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.

Case Briefs High Courts

Andhra Pradesh High Court acquits a man accused of culpable homicide not amounting to murder; set aside conviction order of Session Court

Without there being any evidence as to the presence of the accused in the house at the time of the death of the deceased, especially when the material witnesses turned hostile, convicting the accused basing on the assumptions and presumptions by the Sessions Court was erroneous.

Case Briefs High Courts

Delhi High Court | ‘Postings on Facebook cannot be treated as determinative of the location of a person at a particular point of time’

The Delhi High Court held that Facebook posts cannot be treated as determinative of the location of a person at a particular point of time. Therefore, the Court set aside the order of Intellectual Property Appellate Board and restored the rectification petitions filed before the Intellectual Property Appellate Board for re-hearing.