Case Briefs Archives | Page 10 of 905

MP High Court stays DCP’s notice summoning Advocate to give statement and signature specimen aiming to breach Advocate-Client Privilege

As an interim measure, the Court restrained the DCP from proceeding further in the matter till the next date of hearing.

Case Briefs Supreme Court

‘Accused and victim now happily married, continuing prosecution would cause unnecessary harassment to them and their children’; SC quashes POCSO proceedings

Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.

Case Briefs High Courts

‘Wife watching porn privately, engaging in self-pleasure do not constitute cruelty to husband’; Madras HC denies divorce to husband

“Self-pleasure is not a forbidden fruit, its indulgence shall not lead to a precipitous fall from the Eden Garden of marriage. After marriage, a woman becomes a spouse, but she continues to retain her individuality. Her fundamental identity as an individual, as a woman, is not subsumed by her spousal status”.

Case Briefs High Courts

‘Quarrels between husband & wife not cruelty under S. 498-A IPC’; Gauhati HC quashes proceedings against husband and in-laws

“Subjecting a married woman to cruelty for want of dowry was the reason for which our legislature has inserted Section 498-A in the Penal Code. In the case at hand, there is no allegation of demand of dowry.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Protection of minority shareholder rights | NCLT lays down structured buy-out mechanism to resolve deadlock between shareholders

The NCLT gave the first right to buy shares to the petitioners and then the Deccan Group. If neither party purchased the other’s shares, the NCLT would consider winding up the company under Section 242(1)(b) of the Companies Act.

Case Briefs High Courts

Grabbing breasts, breaking minor’s Pajama string not attempt to rape, but ‘aggravated sexual assault’: Allahabad HC modifies summoning order

Allahabad High Court concluded that the findings of the court below regarding the offence of attempt to rape in relation to accused persons are not sustainable. Instead, they should be summoned for offence under Section 354(b) of the IPC, read with Section 9 read with Section 10 of the POCSO Act.

Case Briefs High Courts

Delhi HC declares TAJ a well-known trade mark in respect of hotels and other related services in hospitality industry

The long duration and wide geographical area for which the TAJ marks have been in use, their goodwill and reputation due to the extensive promotion and extensive revenue generated by the plaintiff, in India and other countries, the TAJ marks have achieved the status of well-known trade marks.

Case Briefs High Courts

Bombay HC waives statutory cooling-off period for divorce of Yuzvendra Chahal & Dhanashree Verma; Directs Family Court to decide divorce plea by 20th March

As far as the conciliation efforts were concerned, the Court noted that all efforts of mediation/ conciliation to reunite the parties had failed.

Case Briefs High Courts

No fresh cause of action arises from continuing non-compliance with consent decree; Delhi High Court dismisses contempt petition being time-barred

The cause of action to file the present petition arose when respondent 1 failed to pay the balance amount to the petitioner by 31-12-2012 as per clause (vi) of the compromise agreement based on which the consent decree dated 01-06-2009 was passed.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Force Majeure doesn’t absolve Corporate Debtor from contractual obligations; NCLT directs initiation of CIRP against Corporate Debtor

The NCLT acknowledged the impact of force majeure events, particularly the unprecedented rise in coal prices and operational disruptions caused by the COVID-19 pandemic on Corporate Debtor.

Case Briefs High Courts

Court of Chief Judicial Magistrate cannot transfer a case from one Court or another on application or suo motu under Section 450 BNSS: Delhi HC

The Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction, unless an order is passed by the High Court under Section 10(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.

Case Briefs Supreme Court

‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP

Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.

Case Briefs High Courts

‘Returning money does not end the crime’; Bombay HC denies anticipatory bail to bank employee accused of siphoning Rs. 46.58 Lakhs

The bank in question was a co-operative bank located at a remote Taluka in Maharashtra. The customers were small shop keepers and local villagers who had very meagre income. The accused took advantage of such situation and siphoned their money.

Case Briefs Supreme Court

Only arguing counsel appearing physically and assisting counsel will be recorded in appearance; Senior Advocate shall not appear without AOR: Supreme Court

“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”

Case Briefs Supreme Court

Can Section 138 NI Act proceedings be quashed against former director of company, suspended from his position on appointment of IRP? SC answers

The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.

Case Briefs High Courts

Bombay HC directs Municipal Corpn., Thane to demolish remaining structure of illegal mosque at the end of Ramadan month

It is necessary for the law enforcers to imbibe in the minds of the citizens that the violation of law and/or opposition to implement the law by the State will not be countenanced and/or tolerated.

Case Briefs High Courts

Delhi High Court awards ₹30.91 lakh costs & damages to Himalaya for ‘Liv.52’ trademark infringement by ‘Liv-333′

The unauthorized use of the “LIV” element in a manner that does not materially differentiate the defendants’ mark from the plaintiffs’ well-established “Liv.52” mark amounts to a violation of the plaintiffs’ statutory rights.

Case Briefs High Courts

‘Audacity to emphatically rely upon forged certificates, portray victimization’; Punjab & Haryana HC directs police probe in forged medical certificates for job appointment

“The candidates have been emboldened in taking recourse to forged documents for securing public appointment by a belief that under any eventuality, no harsh action shall be taken against them in case they feel sorry, or they withdraw their petition.”

Supreme Court Auroville Township Project

Case Briefs Supreme Court

Supreme Court sets aside NGT’s order curbing Auroville township expansion due to environmental harm

“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.

Case Briefs High Courts

‘Miserably failed to act as quasi-judicial authorities’; Punjab & Haryana HC quashes bribery case against police officer, remands it to Appellate Authority

“Recording of reasons in orders is equally important as giving an opportunity of hearing. The reasons in order means link between material which the forum considered while reaching the conclusion and reveals a rational nexus between the two.”