Case Analysis

10th Jun, 2021

Madras High Court issued interim guidelines/directions for proper recognition of the rights of LGBTQIA+ community and to ensure their safety and security.

In the matter of S.Sushma & Anr. Vs. Commissioner of Police & Ors., having W.P No. 7284 of 2021 as decided by the Hon’ble Madras High Court on 07.06.2021. The present case is one of […]

8th Jun, 2021

Contempt action can be taken only in respect of established wilful disobedience of court order

In the matter of Abhishek Kumar Singh vs. G. Pattanaik [Contempt Petition (Civil) 625¬-626 OF 2019] decided on 03.06.2021 by the Hon’ble Supreme Court FACTS: In these batch cases, the Uttar Pradesh Jal Nigam annulled […]

7th Jun, 2021

A Petitioner while approaching the court must come with clean hands and no material facts should be suppressed.

It is a settled principle that the petitioners while filing the Writ Petitions must come to the court with clean hands and no material facts should be concealed. In a recent judgment of Kerala High […]

5th Jun, 2021

Approval of a resolution plan falls exclusively in the domain of the commercial wisdom of CoC with limited scope of judicial review under Section 31, 32 read with Section 61 of the IBC

In the matter of India Resurgence Arc Private Limited v. M/s Amit Metaliks Limited & Anr. in Civil Appeal no. 1700 of 2021 decided on 13.05.2021 decided by the Supreme Court. Facts: The appellant challenged […]

5th Jun, 2021

A private unaided education institution, discharging a public duty is amenable to writ jurisdiction under Article 226 of the Constitution.

In the matter of Bineeta Patnaik Padhi Vs. Union of India & Ors. (W.P.A 5544 of 2021) as decided by the Hon’ble Calcutta High Court on 01.06.2021. Facts of the Case- In the present matter, […]

4th Jun, 2021

Withdrawal of a suit after being unsuccessful in obtaining interim reliefs and thereafter choosing to institute the same in another court amounts to forum shopping and abuse of the process of the courts

In the matter of Black Diamond Track Parts Private Limited & Ors. Vs Black Diamond Motors Private Limited decided on 28.05.2021 in FAO (COMM) 41/2021 by the Delhi High Court FACTS: The Appellant/ Defendant preferred […]

4th Jun, 2021

An award of compound interest to one of the parties cannot be a ground to set aside an arbitral award under Section 34(2) of the Arbitration and Conciliation Act, 1996.

In the matter of Steel Authority of India Limited v M/S Jaldhi Overseas PTE Ltd. O.M.P. (COMM.) 168/2021 & IA Nos. 6068/2021 & 6070/2021 decided on 28.05.2021 by the Delhi High Court. FACTS- The disputes […]

3rd Jun, 2021

Central Vista Avenue redevelopment work is in consonance with the curfew restrictions orders of the Delhi Disaster Management Authority

In the matter of Anya Malhotra & Anr. vs. Union of India & Ors., W.P.(C) No. 5150/ 2021 decided on 31.05.2021 by the Delhi High Court. Facts: The Petitioner preferred a PIL seeking suspension of […]

3rd Jun, 2021

Limitation Act 1963 and not Customs Act 1962 will determine the period of limitation for a suit for malicious prosecution.

In the matter of Directorate of Revenue Intelligence & Ors. Vs. Pushpa L. Tolani decided by the Hon’ble Delhi High Court on 27.05.2021 Facts of the case- The custom authorities seized gold/diamond jewellery worth approx. […]

2nd Jun, 2021

The fact that a party contractually undertook a complete restraint to carry on her professional practice upon herself, does not make the restraint clause reasonable and is thus, hit by Section 27 of the Contract Act

In the matter of Arvind Medicare Private Limited vs. Dr. Neeru Mehra, FAO (COMM) No. 12/ 2021 decided on 21.05.2021 by the Delhi High Court Facts: The Respondent, a doctor was engaged by the appellant/ […]

1st Jun, 2021

Judicial approach of Courts towards tax legislations during extraordinary times

In the matter of Gurcharan Singh Vs. Ministry of Finance (Department of Revenue), Government of India in Writ Petition (Civil) No. 5149/ 2021 decided on 21.05.2021 by the Delhi High Court. Facts: The Petitioner challenged […]

31st May, 2021

Reduced intervention of Court in Medical Termination of Pregnancy by MTP (Amendment) Act, 2021

Reduced intervention of Court in Medical Termination of Pregnancy by MTP (Amendment) Act, 2021 Back in 2009, a full bench judgment of the Supreme Court of India held that a woman’s right to make reproductive […]

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