Case Briefs Archives

Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to issue Aadhaar Card without insisting on address proof

“…basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) observed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether salary during notice period falls within definition of Operational Debt under IBC : Read NCLT’s decision

National Company Law Tribunal, Mumbai Bench (NCLT): The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member deliberated

Case Briefs High Courts

MP HC | Major Couple entitled to police protection in event of any future threats from parents; Permission granted to approach police commissioner directly

Madhya Pradesh High Court: Vivek Rusia, J. decided on a petition which was filed seeking police protection. The facts of the case

Case Briefs High Courts

Right of Press to report truthfully and faithfully | Press shall NOT indulge in sensationalism: Ker HC

Kerala High Court: Stating that, though the Press has a duty to inform the public, the Division Bench of Devan Ramachandran and

Case Briefs High Courts

Cal HC | Not providing an opportunity to file a reply to the show-cause notice violation of principle of natural justice; Case remanded back to the Assessing Officer for fresh assessment

Calcutta High Court: Md. Nizamuddin, J. allowed a petition which was filed challenging the impugned assessment order under Section 147 read with

Case Briefs Supreme Court

Hindu widow’s pre-existing right to maintenance automatically ripens into full ownership when she is in settled legal possession of the property: SC

Supreme Court: The bench of Ajay Rastogi and Bela M. Trivedi*, JJ has held that by virtue of Section 14(1) of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)

Case Briefs High Courts

Kar HC | Teacher aged 55 years harassed a student on separate occasions, booked under POCSO, released on bail

Karnataka High Court: H.P. Sandesh, J. allowed the petition and granted bail to the petitioner in connection with a crime registered in

Case Briefs High Courts

63-year-old woman aided her 65-year old husband to commit rape on a minor girl: Can she be granted bail? J&K&L HC answers

Jammu and Kashmir and Ladakh High Court, Srinagar: Sanjay Dhar, J., expressed that, in the cases involving offences of serious nature falling

Case Briefs Tribunals/Commissions/Regulatory Bodies

Income Tax penalty cannot be invoked without relevant documents substantiating business activities: ITAT

Income Tax Appellate Tribunal (ITAT): The Coram of Shamim Yahya, Accountant Member and Narender Kumar Choudhary, Judicial Member, observed that under the

Case Briefs High Courts

HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly

Case Briefs Supreme Court

No universal rule to fill vacancies on the basis of the law which existed on the date when they arose; Supreme Court overrules 1983’s YV Rangaiah ruling

Noticing that a number of decisions have followed the decision in Rangaiah but far more decisions have distinguished it, the Supreme Court decided to examine the issue afresh and came to the conclusion that the broad proposition formulated in Rangaiah did not reflect the correct constitutional position.

Case Briefs High Courts

Whether merely writing letters or making representations would give a sufficient cause or ground to a party to seek condonation of delay? Del HC answers

Delhi High Court: Stating that mere writing of a letter of representation cannot furnish an adequate explanation for the delay, Jyoti Singh,

Case Briefs High Courts

Would pledge of ornaments kept for marriage of a daughter and use for self without knowledge of husband would amount to cruelty? Chh HC decodes

Chhattisgarh High Court: In a matter pertaining to mental cruelty, the Division Bench of Goutam Bhaduri and N.K. Chandravanshi, JJ., expressed that,

Case Briefs Supreme Court

SC to decide if a non-member director barred from approaching NCLT alleging oppression/mismanagement under Section 430 of Companies Act

Supreme Court: The Division Bench of Dinesh Maheshwari and Aniruddha Bose, JJ., issued notice to Topworth Urja & Metals Ltd. in a

Case Briefs High Courts

Guj HC | Admission of co-accused cannot be sole base to convict any person; application dismissed

Gujarat High Court: B.N. Karia, J. rejected an application under Section 397 read with Section 401 of the Code of Criminal Procedure,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether fixation of salary of the MD is within the domain of IBC? NCLAT explains

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insider Trading | SEBI’s restriction on Infosys employees for trading securities lifted by SAT: Read 5 reasons why SAT lifted restrictions

Securities Appellate Tribunal, Mumbai (SAT): While lifting the restriction of buying or selling any securities, laid down by SEBI on employees of

Case Briefs Supreme Court

Explained| Nature of offence under Section 63 of Copyright Act – Cognizable or Non-cognizable?

Supreme Court: In a case where the Trial Court had held that the offence under Section 63 of the Copyright Act is

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Case Briefs

Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to issue Aadhaar Card without insisting on address proof

Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act

Whether salary during notice period falls within definition of Operational Debt under IBC : Read NCLT’s decision

MP HC | Major Couple entitled to police protection in event of any future threats from parents; Permission granted to approach police commissioner directly

Right of Press to report truthfully and faithfully | Press shall NOT indulge in sensationalism: Ker HC

Cal HC | Not providing an opportunity to file a reply to the show-cause notice violation of principle of natural justice; Case remanded back to the Assessing Officer for fresh assessment

Hindu widow’s pre-existing right to maintenance automatically ripens into full ownership when she is in settled legal possession of the property: SC

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

Kar HC | Teacher aged 55 years harassed a student on separate occasions, booked under POCSO, released on bail

63-year-old woman aided her 65-year old husband to commit rape on a minor girl: Can she be granted bail? J&K&L HC answers

Income Tax penalty cannot be invoked without relevant documents substantiating business activities: ITAT

HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata

No universal rule to fill vacancies on the basis of the law which existed on the date when they arose; Supreme Court overrules 1983’s YV Rangaiah ruling

Whether merely writing letters or making representations would give a sufficient cause or ground to a party to seek condonation of delay? Del HC answers

Would pledge of ornaments kept for marriage of a daughter and use for self without knowledge of husband would amount to cruelty? Chh HC decodes

SC to decide if a non-member director barred from approaching NCLT alleging oppression/mismanagement under Section 430 of Companies Act

Guj HC | Admission of co-accused cannot be sole base to convict any person; application dismissed

Whether fixation of salary of the MD is within the domain of IBC? NCLAT explains

Insider Trading | SEBI’s restriction on Infosys employees for trading securities lifted by SAT: Read 5 reasons why SAT lifted restrictions

Explained| Nature of offence under Section 63 of Copyright Act – Cognizable or Non-cognizable?

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Anganwadi Workers/Helpers entitled to payment of gratuity; ‘Time to take serious note of their plight’: Supreme Court

Will compensation paid by an employee to an employer for resigning from service without giving requisite notice, fall under taxable service? CESTAT decodes

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