Case Briefs Archives

Explained| Medical Negligence: Can doctors be held liable for negligence if patient can’t survive surgical procedures?

Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., set aside NCDRC’s order granting 14 lakhs compensation to

Case Briefs Supreme Court

Lifting differently abled persons without consent; removing their prosthetic limbs/calipers for security checks, inhuman: SC

Supreme Court: After multiple objections were raised to the draft guidelines on ‘Carriage by Air of Persons with Disability and/or Persons with

Case Briefs Supreme Court

Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act?

Supreme Court: Explaining the scope of jurisdiction of ITAT, the bench of MR Shah* and BV Nagarathna, JJ has held that the

Case Briefs Supreme Court

Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC

“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”

Case Briefs District Court

“Account closed” and Cheque returned: Is it a reason sufficient for convicting a person under S. 138 NI Act? Read detailed decision of CMM Court, Bangalore

Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: In light of cheque being returned by the bank due to “Account Closed”

Case Briefs High Courts

Kidnapped or Eloped? Minor alleged to have been kidnapped tracked after almost 4 years: Del HC demystifies whether she ran away on her own or was kidnapped

Delhi High Court: Subramonium Prasad, J., granted bail to a person accused of kidnapping a minor, which eventually in view of the

Case Briefs High Courts

Charge Sheet Filed, but no arrest, instead interim protection granted: Read Del HC’s decision in a bail matter

Delhi High Court: Rajnish Bhatnagar, J., while addressing the allegations of forged agreement, stated that the effect of the same would be

Case Briefs High Courts

Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers

Bombay High Court: Sandeep K. Shinde, J., held that an aggrieved person cannot choose to file a petition under Section 12 of

Case Briefs Supreme Court

Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC

Supreme Court: In a case where an accused merely pointed to the house where the victim was hiding, thereby helping a fully

Case Briefs High Courts

Ker HC | Can an employee claim Special Disability leave for the period spent on treatment and hospitalization due to road accident while going to workplace? HC answers

Kerala High Court: The Division Bench of A.K. Jayasankaran Nambiar and Mohammed Nias C.P, JJ., directed the government of Kerala to consider

Case Briefs Supreme Court

‘Only one Special Court trying cases under NIA Act frustrates the purpose’; SC directs West Bengal to designate more courts

Supreme Court: After granting bail to a 74-year-old arrested under the Unlawful Activities (Prevention) Act, 1967, as after the charge-sheets came to

Case Briefs High Courts

Del HC | Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge

Delhi High Court: Yashwant Varma, J., delved into the subject of the role of a Family Judge while deciding petitions which come

Case Briefs Supreme Court

UAPA| No day-to-day hearing, 298 prosecution witnesses yet to be examined? 74-year-old gets bail after 9.5 years

Supreme Court: In a case where a 74-year-old has been behind the bars since 2012 as an undertrial prisoner, after being arrested

Case Briefs High Courts

[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC

Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed

Case Briefs High Courts

[Kottiyoor Rape Case] Ker HC upholds conviction of former priest; reduces 20 years rigorous imprisonment to 10 years

Kerala High Court: In an infamous case of sexual assault whereby the priest of the St. Sebastian Church had impregnated a minor

Case Briefs High Courts

Kar HC | No permission to be granted for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places

Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ. and Sachin Shankar Magadum J. allowed the petition and quashed the

Case Briefs Supreme Court

Flimsy plea, feeble excuse; Here’s why Supreme Court barred Bharti Airtel from seeking GST refund of Rs. 923 crores

“The common portal is only a facilitator to feed or retrieve such information and need not be the primary source for doing self-assessment.”

Case Briefs High Courts

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder

Case Briefs Supreme Court

State can’t use mere possibility of more money in the public coffers to forgo contractual obligations: Supreme Court

“Equity demands that when the State failed to produce an iota of evidence of either financial loss or any other public interest that has been affected, it should be compelled to fulfill its promises.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can refund claim be denied on the ground that freight had not been included in the assessable value? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal wherein the refund claim was denied in

SCC Blog

Case Briefs

Explained| Medical Negligence: Can doctors be held liable for negligence if patient can’t survive surgical procedures?

Lifting differently abled persons without consent; removing their prosthetic limbs/calipers for security checks, inhuman: SC

Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act?

Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC

“Account closed” and Cheque returned: Is it a reason sufficient for convicting a person under S. 138 NI Act? Read detailed decision of CMM Court, Bangalore

Kidnapped or Eloped? Minor alleged to have been kidnapped tracked after almost 4 years: Del HC demystifies whether she ran away on her own or was kidnapped

Charge Sheet Filed, but no arrest, instead interim protection granted: Read Del HC’s decision in a bail matter

Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers

Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC

Ker HC | Can an employee claim Special Disability leave for the period spent on treatment and hospitalization due to road accident while going to workplace? HC answers

‘Only one Special Court trying cases under NIA Act frustrates the purpose’; SC directs West Bengal to designate more courts

Del HC | Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge

UAPA| No day-to-day hearing, 298 prosecution witnesses yet to be examined? 74-year-old gets bail after 9.5 years

[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC

Kar HC | No permission to be granted for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places

Flimsy plea, feeble excuse; Here’s why Supreme Court barred Bharti Airtel from seeking GST refund of Rs. 923 crores

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]

State can’t use mere possibility of more money in the public coffers to forgo contractual obligations: Supreme Court

CESTAT | Can refund claim be denied on the ground that freight had not been included in the assessable value? Tribunal answers

Popular on scc online blog

Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

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Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision

POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

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