Case Briefs Archives

Validity of Will Despite Exclusion of Natural Heirs

Mere Suspicion and Technical Defects Cannot Defeat Valid Testamentary Disposition; Supreme Court Upholds Will Despite Exclusion of Natural Heirs

“It is trite to state that when the validity of a Will is to be determined, the overall terms of a Will, the intention of the testator and the surrounding circumstances have also to be seen.”

SCST Act applicability 'Goud' scheduled tribe anticipatory bail

Case Briefs High Courts

SC/ST Act Cannot Be Used Against a Member of a Scheduled Tribe: MP HC Grants Anticipatory Bail to ‘Goud’ Community Accused

The Madhya Pradesh High Court granted anticipatory bail to the appellant, holding that the SC/ST Act is not applicable to a person who himself belongs to a Scheduled Tribe community — and that the State’s failure to verify CCTV footage despite court directions, combined with the appellant’s status as a government servant, left no ground for denial of bail.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT Delhi: Delhi Ridge Management Board Should be Constituted and Begin Work Without Delay

The NGT directed respondents, including the Forest Department and DRMB, to submit a progress report of Phases I and II of the Delhi Ridges.

Non-consideration of assessee's reply by Assessing Officer

Case Briefs High Courts

Delhi High Court Quashes Income Tax Assessment Order for Non-Consideration of ASSESSEE’s Reply Filed After Adjournment Request

Delhi High Court set aside an assessment order passed under Sections 143(3) and 144-B, Income-tax Act after finding violation of principles of natural justice, holding that the assessing officer failed to communicate the status of the assessee’s adjournment request and ignored the reply filed by the assessee.

Levy of Building and Other Construction Workers cess

Case Briefs Supreme Court

SC Restores Arbitral Award in Teesta Stage III BOCW Cess Dispute; Reiterates BOCW Cess Becomes Enforceable Only Upon Constitution of Welfare Boards

The Court did not grant any relief to the third consortium member, Abir Infrastructure Private Limited, as it had not filed an appeal challenging the High Court judgment.

future prospects housewife motor accident compensation

Case Briefs High Courts

Housewife’s Contribution Grows with Age, Future Prospects Cannot be Ignored: Karnataka HC Enhances Motor Accident Compensation

The Karnataka High Court enhanced the motor accident compensation awarded to the husband and children of the deceased housewife from ₹7,60,000 to ₹10,02,888, correcting the notional income and adding future prospects that the Tribunal had failed to award

Case Briefs High Courts

Child Marriages Rising in U.P.: Allahabad HC Flags Systemic Gap, Directs DGP to Issue Guidelines

The Court remarked that child marriage is a social evil that is required to be eradicated from this country. Eradication of child marriage is not merely a statutory goal; it is a constitutional imperative.

Case Briefs Supreme Court

“Hopefully, the story of her life will be an eye-opener for many”: SC Upholds Conviction in Dowry Death Case

Supreme Court upheld the conviction of the husband under Sections 302 and 498-A IPC in a dowry death case, rejecting the claim of suicide. The Court held that medical evidence showed a case of homicidal hanging, supported by ante-mortem injuries and absence of typical ligature marks not suicide.

Anticipatory bail to wife despite husband absconding

Case Briefs High Courts

Anticipatory Bail to Wife Can’t Be Denied Solely Due to Husband’s Failure to Surrender: Delhi HC

Prima facie, it appears to be a case of civil liability where husband purchased the car in his wife’s name, did not pay cost thereof and subsequently, when the car was returned, the civil suit filed by the complainant de facto was withdrawn.

Case Briefs High Courts

Delhi HC Upholds Injunction in Favour of Saregama India Against Ilaiyaraja in “En Iniya Pon Nilave” Copyright Dispute

The Delhi High Court has upheld the interim injunction in favour of Saregama India, holding that while Ilaiyaraaja retains independent copyright in the musical composition of “En Iniya Pon Nilave” under Section 13(4), Copyright Act, he had no rights over the lyrics or sound recording.

Case Briefs Supreme Court

“NTA has not learnt its lesson yet”: Supreme Court issues notice to NTA in NEET Paper Leak case

A petition was filed against NTA, the body conducting various exams in India, in the aftermath of the NEET-UG paper leak controversy.

Case Briefs Supreme Court

Bhopal Dowry Death Case: SC takes note of assurance to transfer case to CBI; Urges Parties to refrain from making statements before media

The Court also urged the media to avoid recording statements of the persons who are likely to be potential witnesses or accused, as it may unnecessarily prejudge the outcome on certain issues, which are yet to be investigated.

Case Briefs High Courts

Bhopal Dowry Death Case: Husband Withdraws Anticipatory Bail to Surrender; MP HC Issues Notice to Mother-in-Law

The Court also took note of the State’s contention that the anticipatory bail was granted in a very hurried manner, as the death occurred on 12 May at night, the post-mortem was conducted on 14 May, the anticipatory bail application was filed on 14 May, and the same was allowed on 15 May.

Case Briefs Supreme Court

Minimum Pass Marks, a Corrigendum, and Years of Uncertainty: Supreme Court Ends MBBS Students’ Legal Battle with a Degree

The Supreme Court regularised MBBS admissions and directed authorities to issue degrees to students affected by the NMC CBME Corrigendum dispute while keeping the larger legal issue open.

Mediclaim Deduction motor accident compensation

Case Briefs Supreme Court

To Deduct or Not to Deduct: Supreme Court Settles the Law on Deduction of Mediclaim After Noting “Too Many Surprisingly Divergent Views”

The Supreme Court settled the law but not before cataloguing a striking number of contradictory judgments from the same High Courts, sometimes by benches of equal strength, on the same point of law.

Entry Tax imposed later by the State amounts to a Change in Law

Case Briefs Tribunals/Commissions/Regulatory Bodies

Absence of Restitution Clause Cannot Defeat Change in Law Claim: APTEL Applies “Penta-Test”

“Absence of any such clause in the PPA cannot be held to the prejudice of the appellant so as to deny relief to it under Change in Law clause.”

assessment order passed in compliance with ITAT ruling

Case Briefs High Courts

Assessing Officer Followed ITAT Order and Supreme Court Ruling — Still Faced Disciplinary Action: Rajasthan HC Quashes Proceedings, Holds It Was Not Misconduct

The Rajasthan High Court held that disciplinary action against a quasi-judicial officer is permissible only where there is evidence of mala fide intent, conscious violation of law, or intent to grant undue benefit.

Deadline Extended for Application to Entry-Level Judiciary Exams

Case Briefs Supreme Court

3-Year Legal Practice Rule | Supreme Court Extends Deadline for Application to Entry-Level Judiciary Exams till further orders

Progress in 3-Year Legal Practice Rule: Supreme Court of India has now extended the last date to apply for all the active Judicial Officers Recruitment Exams across the country.

detained goods release Section 129 CGST Act

Case Briefs High Courts

Once Section 129 CGST Conditions Are Met, Revenue Must Release Detained Goods: Calcutta HC

Holding that taxing statutes must be interpreted strictly and not liberally, the Calcutta High Court directed the release of a detained consignment of dried areca nuts within three clear days.

Case Briefs High Courts

Will Respect Maa Ganga For Life: Allahabad HC Grants Bail to Three More Men Accused of Throwing Non-Veg Food in River Ganga

In the supplementary affidavits filed by the accused persons, they stated that they respected all religions, including Hinduism and River Ganga, and tendered unconditional apologies. The accused persons also apologised to the Hindu community and committed to respecting the Maa Ganga for life.