Case Briefs Archives | Page 91 of 914

‘Ultimate decision of woman whether to opt for abortion or adoption’: Allahabad HC directs State to facilitate discreet delivery and adoption of 15-year-old minor girl’s unborn child

A woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. Here, her consent reigns supreme.”

Case Briefs High Courts

If burden of excess octroi duty is passed onto consumers, then granting its refund will amount to ‘unjust enrichment’; Bombay HC dismisses Colgate’s plea

It is reasonable to infer that petitioner has already passed on the burden of octroi duties to its consumers as it has neither pleaded nor established that it has not passed on the burden of the alleged excess octroi collected by the Bombay Municipal Corporation to its consumers.

Case Briefs Supreme Court

Bar Councils cannot charge more than amount specified under S. 24 of Advocates Act as enrolment fees: Supreme Court

Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.

Case Briefs High Courts

Divya Coronil Not a Cure for COVID-19; Delhi High Court directs immediate removal of Misleading ‘Divya Coronil’ Claims

The very branding and labelling of the said Tablet as Coronil appear to suggest that the drug nullifies the coronavirus, it cures the disease, which may even amount to mis-labelling and/or mis-branding of the drug, which is impermissible under the provisions of the Drugs and Cosmetics Act, 1940.

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court on Parliament’s power to impose limitations on State to levy tax on mineral rights

Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.

Case Briefs District Court

Delhi Court denies bail to a man accused of sending legal notice with fake signature of Senior Adv. Sidharth Luthra

Senior Advocate Sidharth Luthra alleged that accused had created a forged legal notice and sent it to the Managing Director and CEO, IndusInd Bank Ltd. and other Senior dignitaries of the bank to release the funds.

Case Briefs High Courts

Bank cannot be charged with demand, interest, penalty for filing return in another State’s GST portal due to technical glitch: Telangana High Court

The foundation of show cause notice itself was bad in law and the assumption that return could not have been filed in the GST portal of Telangana did not flow from Section 140 of the Central Goods and Services Tax Act, 2017.

Case Briefs Supreme Court (Constitution/Larger Benches)

Explained | Supreme Court’s verdict on ‘royalty’ as tax and States power to levy cess on mining and mineral-use activities

“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”.

Case Briefs High Courts

Delhi High Court grants bail to 68-year-old rape accused

The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Registration of premises is not a condition precedent for availing CENVAT credit’; CESTAT sets aside order disallowing CENVAT credit

The services were not received by the appellant regarding which invoices have been issued to the appellant’s other two addresses, other than the address for which service tax registration has been taken, is contrary to the contention stated by Revenue in the show cause notice. Therefore, the same is not sustainable in law.

Case Briefs Supreme Court

Requirement of proficiency in State’s local language for appointment in District Judicial Service is valid: Supreme Court

The imposition of such a requirement was manifestly proper, as judicial officers are required to appreciate the evidence in the State’s language.

Case Briefs High Courts

Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children

“Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means”

Case Briefs High Courts

Delhi High Court grants Arvind Kejriwal Two Additional Legal Meetings via Video Conferencing

The petitioner sought two additional legal meetings with his Lawyers in a week through video conferencing on the ground that he is embroiled in more than 30 cases in various States of India and even though he has been granted interim bail in a case, but his relief has not become infructuous as he still continues to be in custody in other matters.

Case Briefs High Courts

Can a person change his religion in school certificate after conversion? Kerala HC answers

“Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth”

Case Briefs High Courts

Allahabad HC directs UPPSC to respond to candidate’s plea alleging marks disparity in U.P. Judicial Service Civil Judge examination 2022

Allahabad High Court noted that the final result was declared on 30-8-2023. Almost 11 months have passed since then, the petitioner had not approached the Court any earlier.

Neopharma lawsuit Bank of Baroda Ernst & Young

Case Briefs Foreign Courts

NY Supreme Court dismisses Neopharma lawsuit against Bank of Baroda and Ernst & Young due to forum non conveniens

The single Judge Bench of Joel M. Kohen, JSC, dismissed the suit on the grounds of forum non conveniens and lack of personal jurisdiction.

Case Briefs Supreme Court

’National Policy on Genetically Modified crops’: A breakdown of Justice Karol’s opinion upholding conditional approval to GM Mustard cultivation by Centre

“When a legislative body enacts a legislation there is a presumption of constitutionality unless proven otherwise, similarly, a policy decision when taken by the competent authority enters the fray of enforcement with a presumption in its favour of being in public interest, unless otherwise shown, demonstrated and proven to be among other grounds, manifestly arbitrary.”

Case Briefs High Courts

‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused for offences including rape

The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.

Case Briefs High Courts

Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?

“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”

Case Briefs High Courts

MP High Court denies CBI investigation in Fake Encounter case; increases cost payable by State to Rs. 1,00,000/- for police’s insensitivity

“There is no explanation given by the Police before the writ Court, as well as before this Court as to why no action was taken on the complaint made by the petitioner about the missing of her son.”