Case Briefs Archives

Kerala HC upholds KAT’s order directing PSC to consider trans-woman’s application for post of female Housekeeper

Kerala High Court observed that the said order was passed by the Tribunal a week before the last date of application submission to preserve the subject matter of lis.

Case Briefs Supreme Court

In a suit for partition, Civil Court cannot go into the question of title, unless the same is incidental to fundamentals of claim: SC

The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.

Case Briefs High Courts

Squeezing enemy’s testicles in a crowded village procession not an act done with intent to commit murder; Karnataka High Court modifies sentence

While hearing the appeal against conviction for attempt to murder, the Court stated that the accused’s actions fall under ‘causing grievous hurt’ rather than ‘attempt to murder’.

Case Briefs Supreme Court

Why Coal India Limited lost legal battle against CCI: Supreme Court verdict explained

Coal India Limited and its subsidiary Western Coalfields Limited had contended that they cannot be bound by the Competition Act, 2002 as both are governed by the Coal Mines (Nationalization) Act, 1973. The Supreme Court held that the Competition Act applies to State monopolies, Government Companies and PSUs.

Case Briefs High Courts

Procedure of post-investigation FIR is totally alien to the principles of criminal jurisprudence: Gauhati High Court

The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.

Case Briefs High Courts

Bhagalpur Bridge collapsed due to laxity of the authority of State Government and the Contractor: Patna High Court

The Court is concerned to safeguard the interest of public at large and to prevent the misuse of public money and the exploitation of natural resources in the interest of society and the common people, which has been caused due to laxity of the authority of the State Government and the Contractor.

Case Briefs High Courts

Allahabad High Court refuses to quash FIR against Youth Congress leader over his ‘love affair’ remark against Modi and Adani

Allahabad High Court opined that the offence alleged in the impugned FIR would definitely fall within the ambit of Section 153-A and Section 505(2) of IPC which are cognizable offences. Thus, refused to quash the FIR against Secretary of UP Youth Congress, Sachin Chaudhary

Case Briefs High Courts

[Loan Disbursement] If one signing authority exonerated; the other cannot be held liable: Bombay High Court

Bombay High Court observed that if the respondent was to be indicted for his signature on loan disbursement cheque, the then President ought to have been indicted.

Case Briefs Supreme Court

“Theft on train not deficiency in service by Railways”; Supreme Court sets aside concurrent orders by NCDRC, SCDRC and District Consumer Forum

Supreme Court expressed that “We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways.”

Case Briefs High Courts

[Cheating] Kerala High Court grants interim relief to Congress MP K. Sudhakaran

Kerala High Court was hearing application for anticipatory bail while issuing statement restricting any coercive measures by the Police.

Case Briefs High Courts

Kerala High Court directs State Bar Council to accept advocates enrollment fee of Rs 750

The matter related to exorbitant enrollment fee charged by various State Bar Councils is under challenge before the Supreme Court of India.

Case Briefs District Court

Kerala Court issues summons against Doctors in Organ Transplantation case

Kerala Court pointed out that the Transplantation team got access to the patient even before the declaration of brain death.

Case Briefs High Courts

Income Tax| Power of reopening of assessment should be sparingly used for adequate reason: Calcutta High Court

The principles of natural justice get violated if the opportunity afforded to submit reply is not an effective opportunity.

Case Briefs High Courts

Read why Allahabad High Court refused to transfer investigation to CBI in Gangster Sanjeev Maheshwari Jeeva murder case

Allahabad High Court noted that Special Investigation Team has been vigorously and vigilantly conducting the investigation into the FIR and it has also been provided all the requisite paraphernalia needed for appropriate investigation of the crime.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Know why NCDRC rejected claim of medical negligence in Justice Verma’s death

NCDRC conveyed that “We have deep sympathies with the death of Justice Verma, but it cannot be ground for liability.”

Case Briefs High Courts

Delhi High Court sets aside arbitral award passed by Arbitrator having de jure inability to pass the award

The ineligibility of an Arbitrator goes to the root of his jurisdiction and the Arbitral Award cannot be considered as valid.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation

The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.

Case Briefs Foreign Courts

[2011 Nigerian Oil Spill] UK Supreme Court unanimously rules in favour of Shell International; dismisses claims of continuing private nuisance

Supreme Court of United Kingdom: The instant cases filed against Shell International for compensation of damages resulting from 2011 oil spill, the

Case Briefs High Courts

[Fight over a Cat] Meghalaya HC discharges Son-in-law from Attempt to Murder of Father-in-Law

Meghalaya High Court said as the son-in-law did not have the intention to cause death.

Case Briefs High Courts

“Only ex facie invalidity of an agreement can be a ground for refusal of reference”; Calcutta High Court allows Section 11 application

Without questioning the validity and legality of the arbitration clause, the Calcutta High Court appointed an Arbitrator to decide the issues raised by both the parties.