Case Briefs Archives

SA HC | ‘Plascon-Evans Rule’ could not resolve the disputed facts; application referred to trial

South Africa High Court, Free State Division, Bloemfontein: V.M. Morobane, AJ. referred the application to trial as the facts were not capable

Case Briefs High Courts

P&H HC | Litigants to exercise due diligence in pursuing remedy when judgment and decree already assailed before lower appellate court

Punjab and Haryana High Court: Amit Rawal J., dismissed the second appeal petition on the ground that there was no substantial question

Case Briefs High Courts

J&K HC | Preventive detention: An invasion to personal liberty guaranteed under Art. 21 – therefore order must be passed after following procedural safeguards

Jammu and Kashmir High Court: Rashid Ali Dar, J. set aside the detention order passed by respondent 2-District Magistrate, Baramulla and ordered

Case Briefs High Courts

Raj HC | Husband seeking DNA test of child born to his wife must establish no access to his wife during the period of 9 months, beyond reasonable doubt

Rajasthan High Court: Sanjeev Prakash Sharma, J. dismissed a petition filed by a man who assailed the lower court’s order rejecting an

Case Briefs Foreign Courts

Pak SC | Dying Declaration: Exception to direct rule of evidence – requires demonstration of no extraneous prompting by anyone to declarant

Supreme Court of Pakistan: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. set

Case Briefs High Courts

MP HC | No legal impediment found in issuing the appointment order in favor of petitioner; petition allowed

Madhya Pradesh High Court: Subodh Abhyankar, J. allowed writ petition filed under Article 226 of the Constitution of India against the order

Case Briefs High Courts

Utt HC | Refusal to vacate official accommodation by one, might create inconvenience to others; petition dismissed

Uttaranchal High Court: Manoj K. Tiwari, J. contemplated a writ petition where it was contended that petitioner was to retire in the

Case Briefs High Courts

Kar HC | Jurisdiction of Court under Art. 226 is equitable and discretionary; writ appeal dismissed for delay of nearly four decades

Karnataka High Court: The Division Bench of Abhay S. Oka, CJ and H.T. Narendra Prasad, J. dismissed the appeals on the ground

Case Briefs Supreme Court

Can’t grant extension of time for counselling merely because graduate doctors don’t want to do PG in nonclinical subjects: SC

Supreme Court: The vacation bench of Deepak Gupta and Surya Kant, JJ has refused to grant extension of time to respective medical

Case Briefs High Courts

Ori HC | Party to arbitration agreement not entitled to pre reference and pendente lite interest, in absence of provision regarding the same in arbitration agreement

Orissa High Court: Biswanath Rath, J. dismissed an arbitration appeal filed under Section 37(1) of the Arbitration and Conciliation Act, 1996. The

Case Briefs High Courts

Kar HC | Mysore Race Club not to be dispossessed of its land till the application for renewal is considered

Karnataka High Court: Alok Aradhe, J. disposed of the present writ petition directing the competent authority of the State Government to decide

Case Briefs High Courts

Ker HC | Workers who have worked for decades uninterruptedly without any break are entitled to regularization of services

Kerala High Court: A Division Bench of V. Chitambaresh and Ashok Menon, JJ. set aside the order of Kerala Administrative Tribunal (KAT)

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Law of limitation has to be applied with all its rigor even though it may harshly affect a particular party

National Consumer Disputes Redressal Commission, New Delhi: C. Viswanath (Presiding Member) dismissed a revision petition as the petitioner was not able to

Case Briefs Foreign Courts

UK | Libel action against a newspaper filed only on the basis of an article’s headline – not maintainable: ‘Bane and antidote’ must be taken together

High Court of Justice Queen’s Bench Division Media and Communications List: Warby, J. dismissed a claim for initiating action for libel against

Case Briefs High Courts

Bom HC | “Accepting compromise in case of heinous crimes may result in cynical disregard of law”; compromise in case registered for attempt to murder rejected

Bombay High Court: A Bench of T.V. Nalawade and K.K. Sonawane, JJ. refused to exercise jurisdiction under Section 482 CrPC in favour of

Case Briefs High Courts

Bom HC | Acid Attack Case: Attacker’s conviction upheld but death penalty commuted holding him to be of young age and not beyond reformation

Bombay High Court: A Division Bench of B.P. Dharmadhikari and Prakash D. Naik, JJ. allowed an appeal by a convict who was

Case Briefs High Courts

Utt HC | Power under S. 482 CrPC should not be exercised to stifle legitimate trial and in cases where facts are hazy; criminal application dismissed

Uttaranchal High Court: N.S. Dhanik, J. contemplated a criminal application for quashing of the FIR filed against the applicant-husband by his wife

Case Briefs High Courts

Jhar HC | Art. 14 does not envisage negative equality; wrong benefits conferred upon someone inadvertently not to be a ground to grant similar relief to others

Jharkhand High Court: The instant writ petition entertained by Sujit Narayan Prasad, J. was filed under Article 226 of the Constitution of

Case Briefs High Courts

P&H HC | No primacy to matriculation certificate for proof of date of birth after enforcement of JJ Act, 2015

Punjab and Haryana High Court: Rajbir Sehrawat, J. dismissed the appeal on the ground that the decision taken by the lower court

Case Briefs Foreign Courts

SL CoA | Public authority vested with discretion cannot act in total disregard of the purpose for which such discretion is vested in it

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: M.M.A. Gaffoor, J. allowed a land owner’s application seeking mandamus for

SCC Blog

Case Briefs

SA HC | ‘Plascon-Evans Rule’ could not resolve the disputed facts; application referred to trial

P&H HC | Litigants to exercise due diligence in pursuing remedy when judgment and decree already assailed before lower appellate court

J&K HC | Preventive detention: An invasion to personal liberty guaranteed under Art. 21 – therefore order must be passed after following procedural safeguards

Raj HC | Husband seeking DNA test of child born to his wife must establish no access to his wife during the period of 9 months, beyond reasonable doubt

Pak SC | Dying Declaration: Exception to direct rule of evidence – requires demonstration of no extraneous prompting by anyone to declarant

MP HC | No legal impediment found in issuing the appointment order in favor of petitioner; petition allowed

Utt HC | Refusal to vacate official accommodation by one, might create inconvenience to others; petition dismissed

Kar HC | Jurisdiction of Court under Art. 226 is equitable and discretionary; writ appeal dismissed for delay of nearly four decades

Can’t grant extension of time for counselling merely because graduate doctors don’t want to do PG in nonclinical subjects: SC

Ori HC | Party to arbitration agreement not entitled to pre reference and pendente lite interest, in absence of provision regarding the same in arbitration agreement

Kar HC | Mysore Race Club not to be dispossessed of its land till the application for renewal is considered

Ker HC | Workers who have worked for decades uninterruptedly without any break are entitled to regularization of services

NCDRC | Law of limitation has to be applied with all its rigor even though it may harshly affect a particular party

UK | Libel action against a newspaper filed only on the basis of an article’s headline – not maintainable: ‘Bane and antidote’ must be taken together

Bom HC | “Accepting compromise in case of heinous crimes may result in cynical disregard of law”; compromise in case registered for attempt to murder rejected

Bom HC | Acid Attack Case: Attacker’s conviction upheld but death penalty commuted holding him to be of young age and not beyond reformation

Utt HC | Power under S. 482 CrPC should not be exercised to stifle legitimate trial and in cases where facts are hazy; criminal application dismissed

Jhar HC | Art. 14 does not envisage negative equality; wrong benefits conferred upon someone inadvertently not to be a ground to grant similar relief to others

P&H HC | No primacy to matriculation certificate for proof of date of birth after enforcement of JJ Act, 2015

SL CoA | Public authority vested with discretion cannot act in total disregard of the purpose for which such discretion is vested in it

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Del HC | Computer-generated ledger statement inadmissible in evidence for proving liability under S.138 NI Act, if not accompanied by certificate under S.65-B of Evidence Act

Foreigners (Tribunals) Amendment Order, 2019 — Notified

Chh HC | Advocate acting professionally as per instructions of client can’t be prosecuted for offence of defamation under S. 500 IPC

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Ker HC | No Court to render provisions of a Statute redundant or nugatory in absence of challenge to the same

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