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Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Amount already reversed before introduction of CGST Act 2017 entitled to be re-credited; Tribunal allows appeal

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

Case Briefs High Courts

Chh HC | In a case where question of recovery of loan amount is based on the deed of ‘ikrarnama’ where does the burden of proof lie regarding its authenticity; HC decides

Chattisgarh High Court: Sanjay S. Agarwal J., dismissed the appeal being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Ker HC | It is in the interest of citizenry that elections to local body are conducted in a free and fair manner and well-meaning candidates get elected to the local bodies; necessary directions issued

Kerala High Court: Raja Vijayaraghavan V J., while allowing the present petition, discussed the importance of free and fair elections and further

Case Briefs High Courts

MP HC | Custody of the child with the mother can not be said to be illegal confinement; Court dismisses petition

Madhya Pradesh High Court: S.A.Dharmadhikari J., dismissed a writ petition which was filed invoking the jurisdiction of the Court under Article 226

Case Briefs High Courts

[MV Act] Chh HC | Whether ‘gratuitous passenger’ is covered for compensation under ‘Liability Only Policy’ by insurance company? Ambit of “Legal representatives’ discussed

Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the

Case Briefs High Courts

HP HC | [Or. 1 R. 10 CPC] Due to subsequent events, proforma defendant had started sailing in the plaintiff’s boat and had acquired interests common to the plaintiff; Transposition of parties upheld

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., while rejecting the present petition, upheld the decision of the trial court as the

Hot Off The Press News

Texas’ bid to overturn the results of US Presidential Election 2020, rejected due to lack of standing under Article III of the Constitution

Supreme Court of The United States: The Court on Friday rejected a bid from Texas’ Attorney General, supported by President Donald Trump,

Case Briefs High Courts

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Less than 12 residential units to be covered under exemption clause, refund allowed; Tribunal considers the Architect certificate, floor plan

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) allowed an appeal filed against the rejection of refund

OP. ED.SCC Journal Section Archives

Palkhivala and the Constitution of India

by Soli J. Sorabjee*

Case Briefs High Courts

HP HC | Whether the trial court can exercise any discretion while entertaining an application under S.145 of the NI Act; HC elucidates upon procedural nuances

Himachal Pradesh High Court: Vivek Thakur, J. while setting aside the impugned order, relied on settled legal precedents and discussed at length,

New releases News

Join the virtual book launch and panel discussion on Insolvency and Bankruptcy Code on December 12

An event has been organised on 12th December at noon to launch a commentary on Insolvency and Bankruptcy: Law and Practice by

Case Briefs High Courts

Raj HC | Whether a candidate, who has given birth to a child prior to joining Government service, entitled for maternity leave? Court explains R. 103 of Rajasthan Service Rules, 1951

Rajasthan High Court: Dinesh Mehta, J., allowed a petition which was involved the question of whether a woman, who had given birth

Case Briefs High Courts

Chh HC | Will an advertisement for appointment mentioning Class Xth as minimum qualification be refused if the candidate has not passed class 5th and 8th individually? HC decides

Chattisgarh High Court: P. Sam Koshy J. allowed the petition and quashed the impugned order as it was bad in law. The

Hot Off The Press News

SCOTUS issues “one-sentence” refusal to Republicans seeking to overturn Joe Biden’s victory in the state of Pennsylvania

Supreme Court of The United States (SCOTUS): In a major setback to the Republican Party’s attempts to invalidate the results of recent

Case Briefs High Courts

Raj HC | Appointment on contractual basis is subject to conditions of service of contract; Court dismisses appeal holding the termination valid

Rajasthan High Court: Sanjeev Prakash Sharma, J., dismissed a petition which was filed assailing the action of respondents who had terminated his

Case Briefs Supreme Court

Supreme Court confirms pre-BALCO foreign awards cannot be challenged under Section 34 of Arbitration and Conciliation Act

Supreme Court: The question before the division bench of Ravindra Bhat and Indira Banerjee, JJ. was whether a foreign award rendered in

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Refund claim was to be given directly to the service recipient; Tribunal allows appeal holding that the refund claim was not hit by barred of unjust enrichment

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal against the order of dismissal by the

Case Briefs High Courts

Chh HC | Impugned order absolving the liability on insurance company was set aside due to erroneous dismissal of application under Order 8 Rule 1(3) CPC regarding production of license

Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., set aside the impugned order and fastened

Case Briefs High Courts

Kar HC | Land falling within the category of 21(2) (a) Karnataka Land Revenue Rules, 1996 is not a government land but has private ownership; Compensation Granted

Karnataka High Court: Sachin Shankar Magadum J., disposed off the petition granting compensation to the petitioners as the defaulting land fell under