Case Briefs Archives

When can Courts dispense off with the requirement of notice u/s. 80, CPC? J&K and Ladakh HC elucidate

Jammu and Kashmir and Ladakh High Court: While deciding the instant appeal wherein substantial questions of law were raised vis-a-vis SectionS 80,

Case Briefs High Courts

Tripura High Court | It is not within the domain of the Court to direct the State- Government to create any post; Petition dismissed

Tripura High Court: Arindam Lodh, J. dismissed a petition filed for issuing writ of mandamus calling upon the respondents to show cause

Case Briefs District Court

Allegations of bribery to grant permission in order to receive foreign funds under FCRA on applications by NGO’s pending in Home Ministry; Delhi Court grants bail to Pramod Kumar Bhasin

Rouse Avenue Court, New Delhi: While granting bail to the applicant Pramond Kumar Bhasin, Ajay Gulati, J. observed that the charge sheet

Case Briefs Foreign Courts

SCOTUS| Environmental Protection Agency does not have the authority under Clean Air Act to devise emission caps based on the generation shifting approach

Supreme Court of The United States (SCOTUS): In a decision that is being touted as a setback in the fight against climate

Case Briefs High Courts

[UAPA] Gauhati High Court | Facebook post “only an expression of her feelings”, does not mention ULFA-I; College Student gets bail

Gauhati High Court: The single Bench of Ajit Borthakur, J., has under Section 439 of the Criminal Procedure Code, 1973, granted bail

Case Briefs Supreme Court

Trial Court not a ‘mere post office’; must apply its mind while framing charges: SC unimpressed with discharge of murder accused based on postmortem report only

Ultimately, upon appreciation of the entire evidence on record at the end of the trial, the trial court may take one view or the other i.e. whether it is a case of murder or case of culpable homicide. But at the stage of framing of the charge, the trial court could not have reached to such a conclusion merely relying upon the port mortem report on record.

Case Briefs High Courts

‘Thin line between adjudication and legislation’; Delhi High Court rules out retrospective application of Commercial Courts (Amendment) Act, 2018

Delhi High Court: A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending

Case Briefs High Courts

Punjab and Haryana High Court dismisses the order of the Magistrate; Only Juvenile Justice Board to pass orders where there is ‘Juvenile in conflict with law’

Punjab and Haryana High Court: While dealing with an issue on joint proceedings, Vinod S. Bhardwaj, J., held that a proceeding where

Case Briefs High Courts

Delhi High Court |Once two adults’ consent to live together as husband and wife, no third-party interference including family is warranted; Directs SHO to provide mobile number

Delhi High Court: In a case where two adults married against the wishes of the family and now anticipate danger to their

Case Briefs High Courts

Allahabad High Court | Irony and tragedy of the Indian republic that criminals like Mukhtar Ansari are the law-makers; Former UP MLA denied bail

Allahabad High Court: Dinesh Kumar Singh, J. rejected the bail application of former UP MLA Mukhtar Ansari who was arrested under Sections

Case Briefs High Courts

Can Court direct to retrospectively amend birth certificate to expunge father’s name by replacing mother’s name as an only parent? Kerala HC decides

“The children of unwed mothers and the children of the rape victims can also live in this country with the fundamental rights of privacy, liberty, and dignity. None can intrude into their personal life, and if it happens, the Constitutional Court of this country will protect their fundamental rights.”

Case Briefs Supreme Court

Criminal justice machinery relentlessly employed against Zubair; process itself has become a punishment: SC

The Court refused to bar Mohd Zubair from tweeting as it would amount to an unjustified violation of the freedom of speech and expression, and the freedom to practice his profession

Case Briefs High Courts

Delhi High Court: Defense of consensual sexual intercourse immaterial if victim is minor; Bail rejected

Sexual abuse resulting in tying of knot between the victim and the accused in violation of provisions of law or birth of a child, does not mitigate the act of the petitioner in any manner, since the consent of a minor is immaterial and inconsequential in law

Case Briefs High Courts

Gauhati High Court| ‘Cousin’ not a family member; cannot be considered for Preferential Appointment under Assam Public Services (Preferential Appointment) Rules, 1999

Gauhati High Court: The single Bench of Michael Zothankhuma, J., disposed of the writ petition and held that a cousin cannot be

Case Briefs Tribunals/Commissions/Regulatory Bodies

High Time to formulate a sound solar waste management policy: NGT takes suo motu cognizance

National Green Tribunal, New Delhi (NGT): The Bench of Adarsh Kumar Goel, J(Chairperson) and Sudhir Agarwal, J (Judicial Member) and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT Mumbai |Interest on Delayed Payments is a part of Operational Debt under S. 3(11) of IBC

National Company Appellate Tribunal, Mumbai: The Bench of Ashok Bhushan, J., Chairperson, M. Satyanarayana Murthy, Judicial Member, and Naresh Salecha, Technical member

Case Briefs High Courts

Allahabad High Court | Constitution of India does not permit to issue mandamus when there is no threat perception alleged or transpired; Petition dismissed for filing with a purpose of obtaining seal of this Court on illegal relationship

Allahabad High Court: The Division Bench of Kaushal Jayendra Thaker and Ajai Tyagi, JJ. dismissed a writ petition with costs which was

Case Briefs High Courts

Jharkhand High Court | Upheld the decision of trial court; Accused convicted for dowry death

Jharkhand High Court: Navneet Kumar, J., upheld the conviction of the appellant- accused guilty of killing his wife within a few years

Case Briefs Supreme Court

Unless there is forfeiture of performance guarantee, Industrial Entrepreneur Memorandum cannot be deemed to be de-recognised: SC

Supreme Court: While reversing the impugned decision of the Bombay High Court, the Division Bench of Hemant Gupta* and V.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can the OTS proposal be an ‘acknowledgment of debt’ under S. 18 of the Limitation Act, 1963?

National Company Law Appellate Tribunal, Delhi: The Bench of Anant Bijay Singh, J., Judicial Member, and Shreesha Merla, Technical Member,