Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether the interest paid on late payment of TDS after deduction can be claimed as expenditure for determining the taxable income? ITAT examines and elucidates

Income Tax Appellate Tribunal (ITAT): While deciding the instant appeal wherein the relevant question arose that whether the interest paid on late

Case Briefs High Courts

[POCSO]Pulling down pants of kid forcefully as a punishment measure; Karnataka High Court denies relief u/s 482 CrPC to the female teacher

“Spare the rod and spoil the child” has metamorphosed into “spare the rod and teach the child”

Case Briefs High Courts

Bombay High Court grants bail to Nigerian national who spent 2 years in jail on NDPS charges due to a typing error in forensic report; asks State to come up with compensation proposal

Bombay High Court: Bharati Dangre, J. directed to release a Nigerian National on bail who was arrested in 2020 under the Narcotic

Case Briefs High Courts

Madras High Court quashes Family Court’s direction for medical examination to ascertain female impotency due to hormonal imbalance and irregular periods; says, it damages self esteem

Madras High Court: In a case where husband (‘respondent’) filed for annulment of marriage alleging suppression by wife regarding her hormonal imbalance

Case Briefs High Courts

Rape on the pretext of marriage| Madhya Pradesh High Court astonished by social differentiation still being created on caste-creed basis; denies bail to differently abled person apprehending tampering of witness

Madhya Pradesh High Court: Vivek Agarwal, J. dismissed a bail application of an applicant who was in custody since 29-06-2022 for the

Case Briefs High Courts

Gujarat High Court │ Students of Diploma in Pharmacy Course can’t be denied registration as Pharmacists on Council’s failure to approve medical stores for training

Gujarat High Court: A.S. Supehia, J. allowed the writ petitions filed by D. Pharm students aggrieved by their non-registration as Pharmacist under

Case Briefs Supreme Court

Prophet Remark Row| All FIRs against Nupur Sharma clubbed; Read why Supreme Court refused to form SIT

Supreme Court: The bench of Surya Kant and JB Pardiwala, JJ has, in a relief to politician and lawyer Nupur Sharma, has

Case Briefs High Courts

Meghalaya High Court quashes POCSO charges against man accused of having ‘Consensual Sex’ with minor wife

“It would be an injustice to separate or to divide a well knitted family unit.”

Case Briefs High Courts

Jharkhand High Court | Liability cannot be fastened upon the company for delay in TDS when it had taken steps within time but the same was not credited in the account of the Central Government

Jharkhand High Court: Sanjay Kumar Dwivedi, J. allowed a criminal miscellaneous petition quashing the entire criminal proceeding including the order

Case Briefs High Courts

‘Kite Flying part of culture and heritage’; Delhi High Court denies complete ban on kite flying but directs to comply directions already in place against use of Chinese Maanjha

Delhi High Court: In a PIL filed seeking to impose a complete ban on flying kites, a Division Bench of

Case Briefs High Courts

Can’t let the roads of Kerala be a killing field; Kerala HC issues directions to NHAI and District Collectors to ensure the roads are craters & potholes free

“The speed limits on most of our roads are in the vicinity of 70 to 90 km. But many of them cannot even handle traffic that moves over 20 or 30 km. This is compounded when it rains and when the potholes are not visible, as in the case of the hapless victim we are dealing with.”

Case Briefs High Courts

Gujarat High Court | ‘Occupier’ of the land cannot be denied electricity connection only because land is in dispute

Gujarat High Court: A.S. Supehia, J. has allowed a writ petition which was filed after the respondent authorities denied to

Case Briefs High Courts

Chhattisgarh High Court declares election null and void for non-disclosure of criminal antecedents, including acquittal in criminal case

Chhattisgarh High Court: In a case where an election was declared null and void on the grounds of non-disclosure of

Case Briefs High Courts

Calcutta High Court | Chairman of District Primary School Council does not have the authority or jurisdiction to issue transfer order

Calcutta High Court: The Division Bench of Subrata Talukdar and Krishna Rao, JJ. has allowed an appeal filed against the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Strict Actions against illegal beach sand mining and shrimp farming

National Green Tribunal, New Delhi (NGT):The Coram of Justice K. Ramakrishnan (Judicial Member) and Dr Satyagopal Korlapati (Expert Member) directed

Case Briefs Supreme Court

Clearing of prosecution evidence not an absolute bar from re-examining materials/witnesses under Section 311 CrPC: Supreme Court

“The statutory provision goes to emphasise that the court is not a hapless bystander in the derailment of justice. Quite to the contrary, the court has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realization of justice is manifest.”

Case Briefs High Courts

Rajasthan High Court | No appeal can be preferred challenging the issuance of an arms license in favour of any person under S. 18 Arms Act, 1959

Rajasthan High Court: Vijay Bishnoi, J. held the appeal filed by District Magistrate before Divisional Commissioner under Section 18 of Arms Act,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Maharashtra Administrative Tribunal (MAT) directs State to come out with clear policy regarding provision of the job posts for other genders

Maharashtra Administrative Tribunal, Mumbai: The coram of Mridula Bhatkar (Chairperson) and Medha Gadgil (Member) (A) while dealing with an application

Case Briefs Foreign Courts

Employee or Independent Contractor? Supreme Court of New Jersey decides the issue for East Bay Drywall, LLC; holds that workers were misclassified

“A business practice that requires workers to assume the appearance of an independent business entity — a company in name only — could give rise to an inference that such a practice was intended to obscure the employer’s responsibility to remit its fund contributions as mandated by the State’s employee protections statutes”

Case Briefs High Courts

Bombay High Court alarmed by long pendency of POCSO cases; Principal judge to submit causes for delay and unequal distribution of cases

Bombay High Court: Bharati Dangre, J. while hearing a bail application of a man accused of raping and impregnating a 14-year-old in