Case Briefs Archives

Delhi HC enforces Amit Malviya’s undertaking; Stays defamation complaint against RSS Member

Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.

Case Briefs High Courts

“Section 498A IPC not panacea for all matrimonial ills”: Karnataka High Court quashes FIR against husband and his family

“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”

Case Briefs High Courts

Rubbing penis against child’s private part not ‘Penetrative Sexual Assault’ under POCSO Act; Delhi HC modifies sentence

“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”

Case Briefs Supreme Court

Right to work | Expiry of selection panel can’t defeat substantive rights of a person with benchmark disability: Supreme Court

“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”

Reinstatement does not preclude conducting enquiry

Case Briefs High Courts

Mere reinstatement does not preclude conducting departmental enquiry over past misconduct: Rajasthan High Court dismisses Health Officer’s plea challenging penalty order

“The nature of the misconduct proved against the petitioner, viewed in the context of the duties and responsibilities attached to the post held, cannot be said to be trivial or inconsequential.”

Case Briefs High Courts

Delhi High Court protects Aaj Tak logo from trade mark infringement

The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.

Case Briefs High Courts

Bombay HC imposes Rs 50,000 costs on litigant for unverified AI- Generated Submissions

“If an AI tool is used in aid of research, it is welcome; however, there is great responsibility upon the party, even an advocate using such tools, to cross verify the references and make sure that the material generated by the computer is really relevant, genuine and in existence.”

Case Briefs High Courts

Jharkhand High Court: Concealment of age and murder conviction before marriage amounts to mental cruelty, destroys trust

“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”

failure to issue notice under Section 21 of Arbitration Act

Case Briefs Supreme Court

Failure to issue notice under S. 21 of A&C Act not fatal if claim is otherwise valid and arbitrable: Supreme Court

Section 21 of Arbitration and Conciliation Act, 1996 is concerned only with determining the commencement of the dispute for the purpose of reckoning limitation. There is no mandatory prerequisite for issuance of a Section 21 notice prior to the commencement of arbitration.

Case Briefs High Courts

Delhi HC extends ad-hoc licensing agreement in PPL-Pass Code Hospitality copyright dispute

“The ad hoc arrangement was directed purely as an interim arrangement so that Defendant 1 can continue to use the sound recordings of the plaintiff’s repertoire and, at the same time, the plaintiff is protected by way of deposit of ad hoc license fees, out of which certain amount was permitted to be withdrawn by the plaintiff”

Case Briefs High Courts

Employee entitled to TDS credit despite non- deposit of deducted tax by the employer: Gujarat High Court

The petitioner’s employer, Kingfisher Airlines, had deducted the Tax Deducted at Source from the petitioner’s salary but had not deposited the same in the Central Government Account

impeachment proceeding against High Court Judge

Case Briefs Supreme Court

S. 3 Judges (Inquiry) Act 1st proviso doesn’t negate individual authority of Parliament; Art. 32 remedy confined only to fundamental rights enforcement: SC

“Constitutional safeguards for Judges cannot come at the cost of paralysing the removal process itself. The first proviso must, therefore, be construed to balance prescribed protection with the effective functioning of the mechanism for removal of a Judge from office triggered by the peoples’ representatives, and not to frustrate it altogether.”

Case Briefs High Courts

Karta’s liability for HUF debts is personal and unlimited; ‘Seat Court’ retains jurisdiction to enforce award beyond territorial limits: Bombay HC

“Karta’s liability for unsatisfied debts or dues of the HUF is personal and unlimited. The Karta’s contention that HUF was a separate entity or akin to a body corporate was rejected and it was clarified that this was only for limited purposes like taxation or at most where liability beyond even the Karta.”

Case Briefs High Courts

Custody of one child does not dilute husband’s duty to maintain wife and other child living with her: Delhi High Court

“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”

Case Briefs High Courts

Second marriage during subsistence of first remains void despite first wife’s death; Orissa HC denies Family pension to second wife

“The Hindu Marriage Act does not recognise childlessness as a justifiable circumstance for entering into wedlock with a person who is already in the subsisting wedlock with another.”

Case Briefs High Courts

Alleged Misuse of Police Powers under Gangsters Act: Allahabad HC slams UP Home, Police Department for non-compliance with Court orders, flags “lackadaisical approach”

“Such an approach seemingly proceeds on the erroneous assumption that the power to issue notifications, being vested in the executive branches, may be exercised without due application of mind, by resorting to unfettered discretion and without examining the consequential effects thereof.”

Case Briefs Supreme Court

No Relief to Tiger Global in Flipkart Share Sale case; Supreme Court says transaction designed with sole intent of evading tax

“Tax extractions by Sovereign states across the globe is broadly in the nature of an income tax called as the direct tax which includes international taxation and corporate taxation and the indirect tax which is a tax on goods and services which is termed as GST in India and VAT by the European Union and a resale tax in USA.”

Case Briefs Supreme Court

Student Suicides in Higher Educational Institutions | SC Issues Pan-India Directions; Flags Tokenistic Compliance, Institutional Apathy

“Irrespective of upon whom the culpability may lie from a strict penal perspective, HEIs cannot shirk away from their fundamental duty to ensure that their institutions as a whole are safe, equitable, inclusive and conducive spaces of learning.”

Bail to husband to support wife after child birth

Case Briefs High Courts

‘After giving birth, wife needs her best companion’: Punjab and Haryana High Court grants six week’s bail to husband in NDPS case

In the case at hand, the petitioner’s wife had just given birth to a female child, thus, he approached the Court for bail to look after their well-being.

Case Briefs High Courts

Women’s sacrifice of gainful employment often portrayed ‘devilish’ to extract money after separation: Allahabad HC remands maintenance matter to Family Judge

“The statutory right of the wife to maintenance cannot be permitted to be parted away and infringed by setting up a case that she had the capacity to earn.”