Case Briefs Archives

Intermediary entitled to claim protection u/s 79 IT Act for criminal liability unless ‘active role’ is disclosed; Delhi High Court quashes FIR against Flipkart

Delhi High Court: In a case where FIR was registered by Managing Director of Sanash Impex Pvt. Ltd. (‘respondent’) against Flipkart (‘petitioner’)

Case Briefs High Courts

“Strange paradox that applicant is area in charge of Aman Committee”; Delhi High Court declines anticipatory bail to main accused in Jahangirpuri riots on Hanuman Jayanti

It is a strange paradox that the applicant claims he is area in charge of “Aman Committee”, but has not joined investigation of offences which have defeated the very purpose and aim of such committee

Case Briefs High Courts

Does a husband comparing his wife to other women amount to mental cruelty? Kerala HC answers

Kerala High Court: In a divorce case, Anil K. Narendran and C. S. Sudha, JJ., held that constant and repeated taunts by

Case Briefs High Courts

“It is not for the court to decide the validity of the allotment of land by the Government”; Tripura High Court dismisses appeal in suit for recovery of possession of land

Tripura High Court: T. Amarnath Goud, J. dismissed a second appeal which was filed under section 100 of the Civil

Case Briefs High Courts

J&K and Ladakh HC| In a democratic polity governed by the rule of law, State cannot deprive a citizen of their property without the sanction of law

“The State being a welfare State governed by the rule of law, cannot arrogate to itself a status beyond what is provided by the statute”

Case Briefs High Courts

Allahabad High Court| Over-aged candidates can neither claim participation in selection process nor seek conduct of recruitment every year as a matter of right

Allahabad High Court: Saurabh Shyam Shamshery, J. dismissed the writ petition which was filed praying to issue a mandamus commanding

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Time taken for preparation of the certified copy of the order/judgment excluded for limitation under Section 61 of the Insolvency & Bankruptcy Code, 2016

National Company Law Appellate Tribunal: Dismissing a time-barred appeal, the Principal Bench of National Company Appellate Tribunal comprising of Ashok Bhushan, J.

Case Briefs High Courts

Compliance with Sports Code non-negotiable; Delhi High Court warns IOA of derecognition if compliance with Sports Code is not made; Temporary CoA constituted

The pendency of this petition for the last 12 years could have been avoided. It is another matter though that during this period three Olympic Games have been represented by Indian sportspersons, albeit through a non-compliant IOA.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Reduction of Share Capital is a matter of domestic concern”; NCLAT confirms reduction of the share capital approved by the shareholders of Precious Energy Services Ltd.

National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Precious Energy Services Ltd., against the order

Case Briefs Supreme Court

Mental capacity & ability to understand consequences of acts not same; Guidelines must be in place for preliminary assessment of children above 16 years of age for trial as adults: SC

“A child with average intelligence/IQ will have the intellectual knowledge of the consequences of his actions. But whether or not he is able to control himself or his actions will depend on his level of emotional competence.”

Case Briefs District Court

Unexplained delay in filing FIR; Accused’s old age and physical disability; Victim’s “sexually provocative” dress, inter alia, lead to Kerala Court granting bail to Malayali writer Civic Chandran

Court of Sessions, Kozhikode: In an interesting case, S. Krishna Kumar, Sessions Judge granted bail to 74 years old Malayali

Case Briefs High Courts

If removal of husband from home is the only way to ensure domestic peace, the Courts need to pass such orders; Madras High Court directs husband to leave the house

Madras High Court: In a case of marital discord and petitioner-wife, a practicing advocate was seeking removal of respondent-husband from

Case Briefs High Courts

Andhra Pradesh High Court |Consensual sex but relationship eventually not working out cannot be a ground to lodge FIR u/S. 376 IPC

Andhra Pradesh High Court: In a case where the complainant alleged offence under Section 376 Penal Code, 1860 (‘IPC') and

Case Briefs Supreme Court

Judgment Debtor’s right under Rule 60 of Second Schedule of Income Tax Act a valuable right to save his property; cannot be taken away on technical ground or bona fide mistake for which he is not at fault: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the right available to the judgment debtor under

Case Briefs High Courts

Extracting household work by trained uniformed Police personnel in the residences of the higher Police officials; Madras High Court calls it ‘colonial’ and slap on Constitution and democracy

Madras High Court: S M Subramaniam, J. observing that it is painful to pen down that the colonial slavery system

Case Briefs Supreme Court

Can accused be tried under NI Act as well as under IPC on similar set of allegations or will it amount to double jeopardy? Larger SC bench to decide

Supreme Court: The bench of SA Nazeer and JK Maheshwari*, JJ has called upon a larger bench to decide if on similar

Case Briefs High Courts

[Benami Property] Madras High Court | Writ shall not be entertained against a mere show cause notice; Upholds order of Deputy Commissioner, IT

Madras High Court: A Division Bench of R. Mahadevan and Sathya Narayana Prasad, JJ. approved the orders of the Deputy

Case Briefs Supreme Court

Bhima Koregaon| Here’s why Supreme Court granted permanent bail to Dr. Varavara Rao on medical grounds

Supreme Court: Adopting a humanitarian approach, the 3-judges Bench comprising Uday Umesh Lalit, Aniruddha Bose, and Sudhanshu Dhulia, JJ., had granted permanent

Case Briefs High Courts

Tripura High Court directs TSECL to pay all the cumulative dues to employee who suffered accident while discharging duty

Tripura High Court: Arindam Lodh, J. allowed a writ petition issuing directions to the Tripura State Electricity Corporation Limited to pay all

Case Briefs High Courts

Calcutta High Court stays investigation in the matter of artist posting intimate image of Lord Krishna and Radha on Facebook

Calcutta High Court: Shampa Sarkar, J. stayed the investigation in a matter which came up over an artist’s Facebook post containing intimate