Supreme Court quashes the charges due to the absence of prima facie evidence against members of a selection committee

-Report by Ayushi Dixit The Hon’ble Supreme Court in the case Munna Prasad Verma v. State of U.P. & Anr. quashed and set aside the criminal proceedings against the appellants and stated that it is an abuse of the process of law. The facts of the case are that Brijendra Nath Mishra obtained B.Ed. degreeRead More

Delhi High Court dismisses appeal challenging the Income assessment order

-Report by Anirudh Victor FACTS The current writ appeal has been documented testing the request passed under Section 148A(d) of the Income Tax Act, 1961 [‘the Act’] and the notification given under Section 148 of the Act both dated 30th July 2022 for the evaluation Year 2015-16.Learned counsel for the candidate expresses that the condemnedRead More

All Amendments Are to Be Allowed Which Are Necessary for Determining the Real Question in Controversy: Supreme Court

-Report by Aditya Jain In the case of LIFE INSURANCE CORPORATION vs SANJEEV BUILDERS PRIVATE LIMITED & ANR., The lawsuit was initiated for the specific performance of the contract dated June 8, 1979. Alternatively, the plaintiffs also sought damages. Plaintiffs forwarded Panel Summons No. 854 of 2017 to increase the number of damages for theRead More

USING A ‘WELL-KNOWN TRADEMARK’ CONSTITUTES UNFAIR COMPETITION, UPHOLDS DELHI HIGH COURT

-Report by Khushi Neb The Delhi High Court in the case of TATA SIA AIRLINES LIMITED versus SHENZHEN COLOUR SPLENDOUR GIFT CO LTD reiterated that “when a person uses another person’s “well-known trade mark‟, he tries to take advantage of the goodwill such a “well-known trade mark” enjoys. Such an act constitutes as unfair competition.Read More

Punishment less than Life Imprisonment for offence punishable under section 302 IPC would be contrary to section 302: Supreme Court

-Report by Anas Ali In the case of The State of Madhya Pradesh versus Nandu @ Nandua, The Supreme Court ruled that if an accused person is found guilty of the offence covered by Section 302 of the Indian Penal Code (IPC), no penalty or punishment may be less than life imprisonment. FACTS The Appellant;Read More

Reasonable doubt is not a mere possible doubt but a Fair Doubt based upon reasons and Common Sense: Supreme Court

-Report by Mahak Gulbake The Supreme Court has held it in the case of Dibaker Nunia & Anr. V. The State of Assam that it is important for the prosecution to prove the case beyond reasonable doubts in serious offences. FACTS In this case, an F.I.R. had been filed by a person at the GhungoorRead More

While adjudicating the reference filed under Section 33 of the ID Act, the CGIT is bound to examine the Justness and Proper enquiry conducted against the workman: Delhi HC

-Report by Kshitiz Bhushan It has been held by a bench of the Hon’ble Delhi High Court consisting of Justice Dinesh Kumar Sharma in the case of M/S Deutsche Lufthansa AG vs. Manisha Thakur & Ors. that while adjudicating the reference filed under Section 33 of the ID Act, the CGIT is bound to examineRead More

Teachers to be paid Gratuity as per the Payment of Gratuity Act, 1972

-Report by Reyanshi Bansal It has been held by the Hon’ble Supreme Court of India in the case of Independent School Federation v. Union of India that teachers are to be included in the definition of employee and the legal flaw of excluding them from being paid gratuity is to be terminated. The Payment GratuityRead More