Case Briefs Archives

Gifts received from parental home not source of income

Gifts received from parental home, Stridhan not source of income to deny maintenance claim: Delhi High Court

“The claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage, and not on the financial status of her natal family.”

Case Briefs High Courts

Mere recovery of tainted money insufficient for conviction under PC Act: Bombay HC acquits officials of all charges

“Offences under the PC Act require strict proof of twin elements of demand and acceptance and mere recovery of tainted currency or existence of electronic recordings, without reliable proof of demand, is insufficient to convict unless accompanied by credible proof of demand.”

Case Briefs High Courts

Bombay High Court flags Article 21 violation due to pollution from Kanjurmarg dumping ground; directs urgent intervention

“It cannot be a situation that the right to life guaranteed under Article 21, is being violated by such pollution as generated from the said dumping ground.”

Case Briefs High Courts

Bombay High Court holds License fee on sky-signs and hoardings to be regulatory fee, not tax, despite GST

“The control and regulation of sky-signs and hoardings in the modern times is a significant challenge for the municipal bodies who are caught between a balance to be brought about by such high technological advancements.”

Case Briefs High Courts

Delhi High Court upholds EPF Contributions on Actual Wages for ‘International Workers’; Fixed-Term Expat Employment no ground for exemption

‘The classification between the Indian and foreign employee is based on the economic duress which is caused to the Indian employees, if they are mandated to contribute to the fund/scheme irrespective of quantum of salary they draw, which is absent in case of the foreign employees for the reason that they come to India for employment for shorter period of 2 to 5 years.”

visually impaired Forest Department employee

Case Briefs High Courts

‘Law must bend toward inclusion of specially-abled citizen’: Punjab and Haryana HC directs retrospective promotions of visually impaired Forest Department employee

“The measure of a compassionate State is not how it treats the strong, but how it uplifts those whom circumstance has made vulnerable.”

automatic Multi- State Cooperative Societies status

Case Briefs Supreme Court

Supreme Court: State Reorganisation does not confer Multi- State Cooperative Societies status automatically; S. 103 MSCS Act requires factual enquiry

“The Court emphasized that the legal consequences of State Reorganisation Acts cannot override the specific requirements of the MSCS Act. A cooperative society must demonstrate, through evidence, that its objects, membership, and area of operation genuinely extend across multiple States. Mere territorial changes due to bifurcation or reorganisation are insufficient.”

Case Briefs High Courts

‘Merely passing one-line order without reasoning is not proper’; Madhya Pradesh HC allows appeal against one-liner acquittal by Appellate Court

“It is not expected from a Judicial Officer of the Appellate Court to pass such a short, cryptic and non-speaking order without going into the merits of the case, discussing the evidence, and testing the reasoning given by the Trial Court.”

Case Briefs Supreme Court

Head office expenditure of non-resident, incurred outside India, even if exclusively for Indian branches, fall within S. 44-C of Income Tax Act: Supreme Court

Legislature has defined “head office expenditure” in clear and unambiguous terms to mean executive and general administration expenditure incurred by the assessee outside India, including, inter alia, travelling expenses, salaries, and other administrative costs.

Case Briefs High Courts

Divorced Muslim woman not entitled to maintenance under S. 125 CrPC without proof of Halala-compliant remarriage: Kerala High Court

“To raise the presumption of a valid marriage for Section 125 of CrPC based on cohabitation, the couple must be qualified to marry and not be within the prohibited degrees of marriage.”

Case Briefs High Courts

Investor Protected: Bombay High Court holds Depository liable for broker’s misuse of Power of Attorney in fraudulent share transfers

“This is not a one-off case of failure on the part of BRH as Depository Participant but involved 9493 of its clients having credit balance of securities in their demat accounts.”

Case Briefs Supreme Court

Separate Suit challenging auction sale by Transferee Pendente Lite not maintainable: Supreme Court

“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”

Case Briefs High Courts

Right to privacy of students protected: Orissa High Court directs inclusion of refusal clause in APAAR ID Scheme

“If it is intended to be a voluntary act, appropriate provisions clearly specifying such fact ought to have been incorporated in the form by providing option to the parents to refuse to submit their consent or to opt out of it entirely.”

Case Briefs High Courts

CAPF Examination Rule mandating strict cut-off period for issuance of OBC-NCL certificate declared invalid: Delhi HC

“To cancel the candidature of otherwise eligible candidates, on sole grounds of issuance date, deprives the petitioners of their fundamental rights under Articles 14 and 16 of the Constitution of India and actually runs contrary to the object sought to be achieved by providing reservations in public employment”

systematic presentation of evidence before courts

Case Briefs Supreme Court

Supreme Court issues directions to Trial Courts for ensuring systematic presentation of evidence for efficient appreciation of record

The directions were issued with the aim to institutionalize a standardized format for cataloguing witnesses, documentary evidence, and material objects, in order to facilitate better comprehension and immediate reference for all stakeholders, including the Appellate Courts

Case Briefs High Courts

Punjab and Haryana High Court dismisses plea to quash FIR against lawyer accused of portraying Judicial Magistrate to overawe police officers

When the lawyer failed in allegedly threatening the police officers, he drove away from the spot against their instructions.

Arbitral Tribunal cannot lift corporate veil

Case Briefs High Courts

Arbitral Tribunal does not have jurisdiction to lift corporate veil: Madras High Court modifies arbitral award

“Arbitrator went wrong in applying the doctrine of lifting the corporate veil/ determining another entity as the alter ego and fastening the liability on the petitioner.”

Case Briefs Supreme Court

Reinforce constitutional position on marriage; Dowry Prohibition Officers: SC issues directions for concentrated effort to eradicate evil of dowry

“Eliminating dowry is not only a matter of enforcing the DPA 1961 but a constitutional imperative. It fulfils the Republic’s promise that every woman should enter marriage as an equal citizen and not as the bearer of an unjust financial burden”.

Case Briefs High Courts

S. 159(5) provide no shield against infringement of well-known trademark; Bombay High Court restrains use of “FEDEX” as corporate name

“Where explanation for adoption of the mark is not honest and there are two different versions with different reasons and which reasons themselves are not proved, such explanation should be disregarded on the principle that things speaks for themselves.”

Case Briefs High Courts

Bombay High Court quashes appointment of Collector as Administrator of Shani Shingnapur Temple Trust

“The executive cannot invoke the purpose of the Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018 to justify a procedure that the Act itself does not permit.”