2020 | Page 4 of 209

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Would disclosure of names of donors and donees of ‘Electoral Bonds’ from books of accounts amount to contravention of RTI Act provisions? Commission answers

Central Information Commission (CIC): Suresh Chandra (Information Commissioner) observed that disclosure of the names of the donors and donees of electoral bonds

Case Briefs High Courts

J&K HC | Court is not barred from scrutinizing the subjective satisfaction of the detaining authority in any given case; Order of detention set aside

Jammu and Kashmir High Court: Puneet Gupta, J., while setting aside the detention order, reiterated that subjective satisfaction of the detaining authority

Case Briefs High Courts

Kar HC | Income from the exercise of the stock option has to be treated as income from salaries only when the relationship of employer-employee is established for purposes of S. 15-17 of IT Act

Karnataka High Court: A Division Bench of Alok Aradhe and H. T. Narendra Prasad JJ., allowed the appeal and quashed the impugned

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

2020 Wrap Up — Flashback of Stories on Consumer Cases

Since 2020 is now winding down, we switch on our flashback mode and note that a lot of changes in the name

Case Briefs High Courts

Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated

Kerala High Court: R. Narayana Pisharadi, J., while allowing the instant petition, set aside the order of trial Court, thereby allowing the

Case Briefs High Courts

Kar HC | Police officer who defaulted in registering FIR in a cognizable case was directed to clean the front of his police station for 1 week; Laid emphasis on FIR and Zero FIR

Karnataka High Court: A Division Bench of S. Sunil Dutt Yadav and P. Krishna Bhat, JJ., emphasized on the importance of jurisdictional

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether reimbursement of salary paid to ‘secondee’, to parent company, amounts to consideration for provision of manpower recruitment & supply agency services, within the meaning of S. 65(68) of Finance Act; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P. Venkata Subba Rao (Technical Member) and P. Dinesha (Judicial Member)

Law made Easy

Consumer Protection Act, 2019: A Primer

Suchita Shukla†

Conference/Seminars/Lectures Law School News

LSAC | Webinar on Legal Careers: The Indian Corporate Lawyer

The Law School Admission Council – LSAC is hosting a series of webinars featuring top Indian and international legal education leaders and

Case Briefs High Courts

Madras HC | What is the essential condition for validity of any marriage? Detailed Report highlighting legality of marriage of a girl below 18 years of age

Madras High Court: R. Pongiappan, J., observed that: “…saptpadi for Hindus is the necessary requirement, which if completed make a marriage valid in

Case Briefs High Courts

Pat HC | Land acquisition proceedings quashed as Authorities fail to take physical possession of land and pay compensation as required under Land Acquisition Act, 1894

Patna High Court: Prabhat Kumar Jha, J., allowed the instant writ petition seeking to quash the entire proceeding of land acquisition and

Case Briefs High Courts

Madras HC | When in circumstances registration of case is itself an abuse of process of law, Court can exercise inherent powers

Madras High Court: R. Pongiappan, J., addressed the Criminal Original Petition seeking to quash the First Information Report of first respondent police as

Case Briefs High Courts

HP HC | [Public Interest Litigation] Process of Court cannot be abused for oblique considerations by masked phantoms who monitor at times from behind

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Sandeep Sharma, JJ., while dismissing the present petition said, “The

Case Briefs High Courts

Pat HC | [Article 21] Torture, either mental or physical, represents worst violations of individual human personality, an outright and premeditated attack on human dignity; Petition allowed against illegal detention

Patna High Court: A Division Bench of Sanjay Karol, CJ. and S. Kumar, J., while allowing the present petition, discussed the issue

Case Briefs High Courts

Ker HC | Mere issuance of summon under S. 50(2) of PMLA 2002, to state the truth or make statements does not infringe the right of anyone: No cause of action arise under Art. 226

Kerala High Court: V. G. Arun, J., dismissed the instant petition filed by the petitioner, the Additional Private Secretary to the Chief

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Discontinue unfair trade practice of arbitrarily imposing additional cost of carry bags at payment counter”: Read NCDRC’s full discussion on Consumer Rights in Big Bazaar matter

National Consumer Disputes Redressal Commission (NCDRC): The Bench of Dinesh Singh (Presiding Member) observed that: “Consumer has the right to know, before

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether a by-product from a factory be considered as manufactured goods and should it fall under ‘excisable goods’ or ‘exempted goods’ as provided in R. 2(d) of Cenvat Credit Rules, 2004; Tribunal answers while dismissing appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P. Anjani Kumar (Technical Member) dismissed an

Case Briefs High Courts

P&H HC | There could be no blanket rule that concurrent findings cannot be interfered with in the second appeal; It is more a rule of caution and less a rule of law; HC explains

Punjab and Haryana High Court: Rajbir Sehrawat, J., allowed the instant second appeal challenging the concurrent judgments and decrees passed by the

Legislation Updates Notifications

Central Govt. extends the period for suspension of initiation of Corporate Insolvency Resolution Process by 3 months

S.O. 4638(E)— In exercise of the powers conferred by Section 10A of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the

Case Briefs High Courts

Ker HC | Even if the Bank is a public sector bank, writ petition under Art. 226 is not maintainable if act in question is not one involving any element of public duty

Kerala High Court: P.V. Asha, J. allowed the writ petition questioning status of IDBI Bank as “State” under Article 12 of the