Case Briefs Archives

Govt sits over land for 33 years without authority. SC directs handing over of land to owners within 3 months; says such lawlessness cannot be condoned

“The courts’ role is to act as the guarantor and jealous protector of the people’s liberties: be they assured through the freedoms, and the right to equality and religion or cultural rights under Part III, or the right against deprivation, in any form, through any process other than law.”

Case Briefs High Courts

All HC | In case there is conviction of less than 5 persons for the offence of ‘Dacoity’, is it necessary to prove that 5 or more persons aided the crime? Court explains

Allahabad High Court: Saurabh Shyam Shamshery, J., while addressing a criminal appeal observed that “Conviction for “Dacoity” of less than five persons is

Case Briefs High Courts

All HC | Is reservation of registration numbers an exception to general rule of assignment of registration numbers? Law explained in light of MV Act provisions

Allahabad High Court: The Division Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., while addressing the matter with regard

Case Briefs Supreme Court

SC dismisses Tej Bahadur’s plea against rejection of his Nomination Papers to contest against PM Modi from Varanasi in 2019 Lok Sabha Polls

Ex-BSF Jawan Tej Bahadur’s nominations were rejected by the returning officer for want of a certificate to the effect that he has not been dismissed for corruption or disloyalty to the State.

Case Briefs High Courts

All HC | Right to choose partner irrespective of caste, creed, religion is integral part of right to life and personal liberty under Article 21

Allahabad High Court: The Division Bench of Pankaj Naqvi and Vivek Agarwal, JJ., observed that, Right to live with a person of his/her

Case Briefs High Courts

Chh HC | Order of conviction under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act reversed in appeal due to lack of clear evidence; Appeal allowed

Chhattisgarh High Court: Gautam Chourdiya J., allowed the appeal and reversed the impugned order due to lack of clear evidence. The facts

Case Briefs High Courts

Kar HC | Adverse Inference to be drawn upon a party who fails to comply with a direction regarding production of documents in his custody; Petition rejected

Karnataka High Court: Krishna S. Dixit J rejected the writ petition being devoid of merits. The facts of the case are such

Case Briefs High Courts

J&K HC | Supervisory jurisdiction is to be exercised sparingly only in appropriate cases for purposes of keeping Subordinate courts and Tribunals within bounds of their authorities; Petition dismissed

Jammu and Kashmir High Court: Javed Iqbal Wani J., while dismissing the present petition, discusses the ambit and scope of Article 227

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Under Public Trust Doctrine, State has to act as trustee of water bodies; States/UTs directed to designate nodal agency for restoration of water bodies

National Green Tribunal (NGT): The Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Dr Stayawan Singh Garbyal

Case Briefs High Courts

Tri HC | What is the purpose of a serving a ‘Statutory Notice’ under Negotiable Instruments Act? Detailed analysis of significance of ‘Statutory Presumption’

Tripura High Court: S.G. Chattopadhyay, J., highlights the essence of the provisions of Negotiable Instruments Act, in light of the object of a

Case Briefs High Courts

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife

Case Briefs High Courts

P&H HC | Whether partners falling in sapinda prohibition under HMA can stay in a live-in relationship? Parties argue while hearing in anticipatory bail

Punjab and Haryana High Court: Arvind Singh Sangwan, J., observed that the marriage of first cousins is not permissible as per the prohibited

Case Briefs High Courts

Chh HC | Can an application for anticipatory bail under S. 438 CrPC be filed directly before the High Court? || Thorough Analysis

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and Gautam Chourdiya, JJ., observed that, Application for anticipatory bail under Section 438

Case Briefs Supreme Court

Can NSE realise withheld securities prior to expulsion or declaration of defaulter? SC discusses in detail

Supreme Court: In an elaborate judgment running into over 90 pages, the bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has discussed

Case Briefs High Courts

Del HC | Is making false allegation of impotency by wife against husband a ground for decree of divorce? Court determines

Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., refused to set aside the order of the trial court granting

Case Briefs High Courts

All HC | An order to protect life and liberty of petitioners from any threat arising from or being occasioned by their marriage – life & liberty being foundation of all freedoms guaranteed under Constitution; HC issues directions

Allahabad High Court: Saumitra Dayal Singh, J. decided on a writ petition which was filed praying for a direction the nature of

Case Briefs Foreign Courts

SL CoA | Respect for rule of law is the foundation of Constitution, settlement of IDPs who were displaced due to war in Sri Lanka needs to be done keeping in mind rule of law; Court partly allows appeal

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Janak De Silva and N. Bandula Karunarathna,

Case Briefs High Courts

HP HC | Whether ‘Appropriate Government’ can while exercising powers under S.10(1) of ID Act decline reference to Tribunal on the ground of delay, stale claim or faded/eclipsed dispute; larger bench to decide

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ., while deciding the present matter challenging

Case Briefs Supreme Court

Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it’s not an unusual event in long drawn out trials in India

Supreme Court: In a case dating back to 1999 where a married woman was found dead in her matrimonial home, the bench

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC decides whether disclosure of income tax returns and gross income of husband to his wife is permissible under RTI Act or not || Read the decision

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decided whether disclosure of income tax returns of the husband to wife under RTI

SCC Blog

Case Briefs

Govt sits over land for 33 years without authority. SC directs handing over of land to owners within 3 months; says such lawlessness cannot be condoned

All HC | In case there is conviction of less than 5 persons for the offence of ‘Dacoity’, is it necessary to prove that 5 or more persons aided the crime? Court explains

All HC | Is reservation of registration numbers an exception to general rule of assignment of registration numbers? Law explained in light of MV Act provisions

SC dismisses Tej Bahadur’s plea against rejection of his Nomination Papers to contest against PM Modi from Varanasi in 2019 Lok Sabha Polls

All HC | Right to choose partner irrespective of caste, creed, religion is integral part of right to life and personal liberty under Article 21

Chh HC | Order of conviction under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act reversed in appeal due to lack of clear evidence; Appeal allowed

Kar HC | Adverse Inference to be drawn upon a party who fails to comply with a direction regarding production of documents in his custody; Petition rejected

J&K HC | Supervisory jurisdiction is to be exercised sparingly only in appropriate cases for purposes of keeping Subordinate courts and Tribunals within bounds of their authorities; Petition dismissed

NGT | Under Public Trust Doctrine, State has to act as trustee of water bodies; States/UTs directed to designate nodal agency for restoration of water bodies

Tri HC | What is the purpose of a serving a ‘Statutory Notice’ under Negotiable Instruments Act? Detailed analysis of significance of ‘Statutory Presumption’

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

P&H HC | Whether partners falling in sapinda prohibition under HMA can stay in a live-in relationship? Parties argue while hearing in anticipatory bail

Chh HC | Can an application for anticipatory bail under S. 438 CrPC be filed directly before the High Court? || Thorough Analysis

Can NSE realise withheld securities prior to expulsion or declaration of defaulter? SC discusses in detail

Del HC | Is making false allegation of impotency by wife against husband a ground for decree of divorce? Court determines

All HC | An order to protect life and liberty of petitioners from any threat arising from or being occasioned by their marriage – life & liberty being foundation of all freedoms guaranteed under Constitution; HC issues directions

SL CoA | Respect for rule of law is the foundation of Constitution, settlement of IDPs who were displaced due to war in Sri Lanka needs to be done keeping in mind rule of law; Court partly allows appeal

HP HC | Whether ‘Appropriate Government’ can while exercising powers under S.10(1) of ID Act decline reference to Tribunal on the ground of delay, stale claim or faded/eclipsed dispute; larger bench to decide

Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it’s not an unusual event in long drawn out trials in India

CIC decides whether disclosure of income tax returns and gross income of husband to his wife is permissible under RTI Act or not || Read the decision

Popular on scc online blog

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

[Maintenance to Muslim wife] All HC | “S. 125 CrPC perhaps one of the most secular enactment ever made in this country”: HC while upholding maintenance awarded to divorced Muslim wife

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

If a person carries out trading in shares on an occasional basis by opening a Demat Account, will that person come under the ambit of Consumer? Read NCDRC’s opinion

HP HC | Remedy under S. 125 CrPC and S. 12 of DV Act, 2005 are distinct and different; Law does not prohibit wife to proceed under both of the said statutory provisions simultaneously or otherwise; Petition dismissed

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BCI extends last date for Advocates to furnish information required by Supreme Court e-Committee to 31-12-2020; Issues clarifications and directions for strict compliance

Rosalyn Malik on her journey from Remfry & Sagar to Shardul Amarchand Mangaldas

Madras HC | Are Advocates barred from doing money lending business with their clients? Read HC’s opinion in light of SC decision

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

COVID-19| ‘You can’t stop at issuing advisory’; SC directs Centre to ban the use of disinfection tunnels

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