Case Briefs Archives

Gujarat HC directs Surat Municipal Corporation to rehabilitate slum dwellers under Rehabilitation and Redevelopment of Slums, 2010

The Court ordered the authorities to not remove the slum dwellers from the land till the representation of the slum dwellers is decided and pass an appropriate order by 09-06-2023.

Case Briefs High Courts

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

Case Briefs Supreme Court

[Bilkis Bano Case]: SC rebukes convicts for attempting to avoid Bench from hearing case; Government agrees to produce remission records of premature released convicts

The Court noted that the convicts have been making attempts to avoid the Bench from hearing the case.

Case Briefs High Courts

[IPRS v. Pvt. FM Radio Broadcasters] Bombay High Court upheld royalty rights to authors of original works in cinematograph films

Bombay High Court discussed various provisions of the original Copyright Act, 1957, its 2012 amendment, Parliamentary report and relevant cases dealt by Supreme Court and High Courts relevant to the instant claim.

Case Briefs High Courts

Foreign company, even though fully owned by Indian Company is not amenable to jurisdiction of Indian Court: Madras High Court

Madras High Court allowed Advantage Strategic Consulting Singapore Private Limited, a foreign company to proceed with the defamation case against renowned politician and economist Dr. Subramanian Swamy

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT denies Taxi Union’s plea to increase number of vehicles permitted to Rohtang Pass

The opening of the Atal Tunnel or availability of parking space is not sufficient ground to increase the number of vehicles allowed to Rohtang Pass.

chargesheet without complete investigation

Case Briefs Supreme Court

Right to default bail under S. 167(2) CrPC cannot be denied by filing chargesheet without completing investigation: Supreme Court

The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.

Case Briefs High Courts

Entitlement of ITC after cancellation of GST registration can be considered during revocation: Rajasthan High Court

Rajasthan High Court: The petitioner challenged the order passed by the Appellate Authority, Commercial Tax, Jodhpur wherein the GST registration of the

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period

Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court

Case Briefs Supreme Court

Further Investigation permissible even after the final report laid before the Magistrate has been accepted: Supreme Court

The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.

Case Briefs Supreme Court

Whether stamp duty payable on sale deed to be calculated as per prevailing market value of property on execution date? Supreme Court answers

“Stamp Act in its application to Uttar Pradesh has been amended by the UP (Stamp Amendment Act 1952) and Article 23 of Schedule IB as applicable to UP.”

Case Briefs High Courts

Litigation should not be terminated by default of either of the parties; Andhra Pradesh High Court condones a delay of 339 days

Ordinarily the litigation should not be terminated by default either of the plaintiff or the defendant. The cause of justice does require that the adjudication be done on merits.

Case Briefs High Courts

Delhi High Court refuses to grant relief in a contract being determinable in nature and hence, not enforceable

Delhi High Court observed that that the Sole Arbitrator was well within its jurisdiction to declare the Agreement dated 23-03-2001 as determinable agreement in view of the statement of claim of the respondent and Terms of the said Agreement.

Case Briefs Supreme Court

Explained| Why Supreme Court quashed forgery, cheating case against late Prakash Singh Badal and son Sukhbir

The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal

Case Briefs High Courts

Allahabad High Court grants bail to 16-year-old boy accused of killing mother for restraining him from playing PUBG

Allahabad High Court said that the FIR has been lodged by the grandmother of the accused and she is not an eyewitness. The other witnesses are also not the eyewitnesses in the instant matter and only on hearsay basis, the bail of the accused has been rejected.

Case Briefs High Courts

Section 15 of HMA does not make any distinction between a contested decree and an ex parte decree; Delhi High Court upholds second marriage of husband

Delhi High Court observed that an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.

Case Briefs High Courts

Approaching police without resorting to special procedure under IB Code to arm twist the Resolution Professional is inappropriate: Madras High Court

Madras High Court said that there is no reason why the complaint was not filed either before IBBI or NCLT for the alleged fraud.

Case Briefs Supreme Court

SC’s direction to Uttarakhand Public Service Commission to provide scribe helps Judicial Service aspirant with writer’s cramp in appearing Preliminary Examination

The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.

Case Briefs High Courts

[Section 34 of Arbitration Act] A well-reasoned arbitral award cannot be interfered with: Delhi High Court

The Arbitral Tribunal is a creature of Contract, and the Contract is the only basis on which the Learned Tribunal should adjudicate, apart from the general provisions of law and jurisprudence.

Case Briefs Foreign Courts

Quebec’s ban on possession and cultivation of cannabis for personal purposes held constitutionally valid: Canada SC

The prohibitions set out in the Cannabis Regulation Act, 2018 are a means of serving the health and security of the public.