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Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Penalty imposed under S. 112 read with S. 114AA of the Customs Act, 1962 set aside; Tribunal allows appeal stating absence of mens rea

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned order

Case Briefs High Courts

HP HC | Whether minimum period of six months stipulated under S. 13(B)(2) of the Hindu Marriage Act for a motion of passing decree of divorce on the basis of mutual consent can be relaxed? Court explains

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., disposed of a petition while granting liberty to the parties to move an appropriate

Case Briefs High Courts

P&H HC | “Muslim girl of 17 years of age is competent to enter into a contract of marriage with a person of her choice” HC grants protection to couple

Punjab and Haryana High Court: Alka Sarin, J., addressed the case of a 35-year-old Muslim man who married a 17-year-old girl belonging

Case Briefs Supreme Court

Authority cannot fill up more than advertised number of vacancies; such recruitment violative of Arts. 14 & 16(1): Supreme Court

Supreme Court: The 3-Judge Bench comprising of L. Nageswara Rao, Indu Malhotra* and Vineet Saran, JJ heard the petition challenging the decision

Case Briefs High Courts

P&H HC | “It’s a matter of recruitment policy”; HC denies adjudicating question of equivalence of qualifications, directs State to determine

Punjab and Haryana High Court: In an interesting case Anil Kshetarpal, J., addressed the question of equivalence of qualifications for the purpose

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Deceased was on advance annual leave when he met with accident” Tribunal denied special family pension to widow of ex-servicemen

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard

Case Briefs Supreme Court

“Reduce Qualifying cut off percentile by 10% for NEET candidates”, SC directs Center; Asks private Dental Colleges to consider reducing exorbitantly high fees

Supreme Court: The Division Bench comprising of L. Nageswara Rao* and Krishna Murari, JJ., addressed the plight of NEET students. The Bench

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Selling only one share per transactions despite having adequate holding creates false misleading appearance of trading in the securities market and is violative of Regulation 3 and 4 of PFUTP Regulations

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala, Presiding Officer, Dr C.K.G. Nair Member and Justice M.T. Joshi, Judicial Member affirmed the impugned

Case Briefs International Courts

13 years later, ECHR holds Russia responsible for human rights violations in the “August War” of 2008 with Georgia || Detailed Report

European Court of Human Rights (Grand Chamber): In its judgment delivered on 21st January, the Grand Chamber of ECHR, after detailed deliberation

Case Briefs High Courts

Chh HC | Power under S. 156(3) of the CrPC warrants application of judicial mind and it has to be supported by an affidavit

Chhattisgarh High Court: Sanjay K Agrawal J., quashed the impugned order and allowed the petition. The present petition was directed against the

Case Briefs High Courts

Pat HC | Authorities cannot be allowed to indefinitely debar a person from doing business contingent to happening of a certain future event

Patna High Court: Rajendra Kumar Mishra, J., heard the instant petition challenging the order of Central Coalfields Limited (CCL), by which the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Condition of bank guarantee found exorbitant; Tribunal allows appeal reducing amount of the bank guarantee

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs

Del HC | To avail exemption under S. 8 RTI Act, public authority must give detailed reasons as to how such disclosure would affect the pending investigation; Court remands the matter back to CIC

Delhi High Court: In a petition seeking direction to quash the order of Central Information Commission, Jayant Nath, J. observed, “…where a

Case Briefs High Courts

Ker HC | Right to be heard cannot be claimed in cases of re-incarceration where initial order of release was without application of mind

Kerala High Court: V.G. Arun, J., dismissed the instant petition whereby the petitioner had challenged his re-incarceration contending violation of natural justice

Case Briefs Supreme Court

Once an order is found to be passed without jurisdiction, all subsequent proceedings automatically come to an end: Supreme Court

Supreme Court: The 3-Judge Bench comprising of Ashok Bhushan*, R. Subhash Reddy and M.R. Shah allowed the instant appeal against the order

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | “At the time of entertaining the refund claim, the issue of admissibility of the CENVAT credit cannot be raised”: Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned orders

Case Briefs High Courts

P&H HC | “Sureties are petty farmers, having meager land holdings”; HC reduces penalty of Rs 2 lakh to Rs 5000

Punjab and Haryana High Court: Arvind Singh Sangwan, J., reduced the penalty of Rs 2 lakh to Rs 5000 considering old age

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Undue delay is a mitigating factor while imposing a penalty under S. 15J of the SEBI Act; Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala, Presiding Officer, Dr C.K.G. Nair, Member Justice and M.T. Joshi, Judicial Member affirmed the impugned

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI bans Kishor Biyani and other promoters of FRL from securities market; Rs 17.78 crore to be disgorged for the wrongful gains made by them

Security and Exchange Board of India (SEBI): Ananta Barua, (Whole Time Member) found Chairman of Future Group, Kishor Biyani and its other

Case Briefs Supreme Court

“Government cannot acquire its own land”. Proceedings under LA Act, 1894 cannot be reopened once the possession has been transferred: SC

Supreme Court: In an interesting case regarding land acquisition by government of Assam for setting up a plastic park, the Division Bench