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Utt HC | Ex-parte decree set aside considering “sufficient cause” under Or. 9 R. 13 of the Code of Civil Procedure, 1908; Court allows appeal

Uttaranchal High Court: The Division Bench of Sudhanshu Dhulia and Alok Kumar Verma, JJ., allowed an appeal which was filed challenging an

Case Briefs High Courts

P&H HC | Transfer is an incidence of service and would be open to interference by court only is it is established that transfer order was malafide; Court rules

Punjab and Haryana High Court: While adjudicating a petition for quashing of a transfer order, Jaishree Thakur, J., dismissed the same being

Case Briefs High Courts

Chh HC | Bail granted to accused under POCSO Act on grounds of non-objection by the victim/ complainant

Chhattisgarh High Court: Prashant Kumar Mishra J., allowed the application and granted bail in the matter concerning offence under Protection of Children

Case Briefs Foreign Courts

SCOTUS gives a sharp critique to the Fifth Circuit Court for venturing into an “uncertain area of Tort law, especially when it has implications for First Amendment Rights” without seeking guidance from the Louisiana Supreme Court

Supreme Court of The United States (SCOTUS): While deciding the instant petition for granting the writ of certiorari, wherein a question of

Case Briefs High Courts

Ori HC | Does concept of ‘Equality’ applies on minimum wages as well as absorption of temporary employees at par with regular employees in government services? Petition allowed in part

Orissa High Court: A Division Bench of S. K Mishra and A.K Mishra, JJ., allowed the petition in part wherein it stated

Case Briefs High Courts

Ker HC | Anticipatory Bail can be allowed in offences under SC/ST (POA) Act only in event of no prima facie case being made out against accused; Appeal dismissed

Kerala High Court: V.G. Arun J., while dismissing the present appeal clarified on the applicability of Section 438 Criminal Procedure Code, 1973

Case Briefs High Courts

J&K HC | Magistrate can delegate power of verifying allegations before registration of FIR while entertaining an application under S. 156(3) CrPC; Petition dismissed

Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition challenging the delegation of power by the Magistrate to

Case Briefs High Courts

Kar HC | Whether entering ‘appearance’ by Advocate but not contesting the case be considered as Ex-parte proceedings under Order 9 Rule 13 CPC? Court explains

Karnataka High Court: M. I. Arun J. dismissed the petition without interfering in the discretion exercised by the Appellate Court in the

Case Briefs High Courts

Pat HC | Party’s conduct lacks bonafide and was only with the view for the court to interfere and grant indulgence, Court has been misled; anticipatory bail denied

Patna High Court: Ahsanuddin Amanullah, J., dismissed an application for grant of pre-arrest bail to the petitioners. The petitioners apprehend arrest in

Case Briefs High Courts

Ker HC | Accused forced to plead guilty without being given an opportunity to avail assistance from a legal practitioner; HC sets aside order

Kerala High Court: In an appeal against the order delivered by JMFC, Mallapuram; P. Somarajan, J., allowed the same setting aside the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Assessee eligible for availing CENVAT credit on service tax paid on outward transportation of its finished goods; Tribunal dismisses appeal by the Revenue

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member), dismissed an appeal filed by the Revenue alleging that the

Case Briefs High Courts

HP HC | Exclusive and conscious possession of contraband substance under NDPS Act can be a deterring ground for grant of bail; petition dismissed

Himachal Pradesh High Court: Chander Bhusan Barowalia J., while rejecting the present petition observed that the ingredients of Section 37 NDPS Act

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Fraudulent misstatements in financial statements will amount to misrepresentation /unfair trade practice under Regulation 4(2) of SEBI PFUTP Regulations, 2003

Securities Exchange Board of India: G. Mahalingam, Whole-time member retrained the promoters of the Dewan Housing Finance Limited i.e. DHFL from accessing

Case Briefs Foreign Courts

UK SC | Can damages be recovered for “consequences” of having committed a crime during a serious psychotic episode? Detailed Report

Supreme Court of United Kingdom: In the instant appeal where the issue was whether the claimant can recover damages for the “consequences”

Case Briefs High Courts

Chh HC | Parole granted to a female convict having committed offence under S. 302 IPC; Impugned order by District Magistrate set aside

Chhattisgarh High Court: Sanjay K Agrawal J., set aside the impugned order having no substantial reason for rejecting parole of a female

Legislation Updates Notifications

Foreign Direct Policy (FDI) | Consolidated FDI Policy, 2020: Read the Key Aspects

Foreign Direct Investment (FDI) is considered as a major source of non-debt financial resource for economic development. FDI flows into India have

Case Briefs High Courts

Ker HC | Any condition that requires petitioner to make a pre-deposit of any amount for invoking the arbitration would fall foul of the law declared by SC; Petition allowed

Kerala High Court: A.K. Jayasankaran J., allowed the present petition, clarifying the scope and ambit of powers to be exercised by Courts

Case Briefs High Courts

Kar HC | Whether delay and latches be put against a person who approaches the Writ Court under Article 226 of the Constitution? HC determines

Karnataka High Court: S. G. Pandit J., rejected the petition on the ground of delay and latches. The facts of the case

Case Briefs High Courts

Kar HC | Franklin Templeton and the provisionary application of SEBI Mutual Fund Regulations; Petition allowed with necessary directions

Karnataka High Court: A Division Bench of Abhay S. Oka CJ. and Ashok S.Kinagi J., while allowing the present writ petition held,

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by A. Lakshminath* and Mukund Sarda**