Case Briefs Archives

[Right to Maintenance] Jhar HC | What is the effective date of grant of maintenance? Is it the date of judgment or the date of filing of maintenance application?

Jharkhand High Court: Anubha Rawat Choudhary, J., held that right to claim maintenance must date back to the date of filing the

Case Briefs High Courts

P&H HC stresses upon adopting contemporary methods of investigation rather than taking third-degree shortcuts

Punjab and Haryana High Court: Amol Rattan Singh, J., held that police stations including the interrogation room should be covered by CCTV

Case Briefs High Court Round Up Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

6 Legal Stories of the Week: From High Courts to Tribunals

Some of the interesting legal stories from Week 2 of January 2022 Competition Commission of India (CCI) 1. Is Google abusing dominant

Case Briefs Supreme Court

No Pensionary Benefits To WALMI Employees; Employees Of Autonomous Bodies Can’t Claim Benefits On A Par With Government Employees As Matter Of Right: SC

Supreme Court: Finding the Bombay High Court’s judgment directing the State to extend the pensionary benefits to the employees of Water and

Case Briefs High Courts

MP HC | Difficult Areas vis-a-vis Difficult Services, Issues of reservation and incentive marks; HC puts an end to the battle between Doctors and State

Madhya Pradesh High Court: The Division Bench comprising of Sujoy Paul and Arun Kumar Sharma, JJ., held that the Demonstrators and Tutors

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | ‘Billionaire’ dream turns into dread-Unauthorsied investment advisory amounted to fraud & misrepresentation

Securities Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while affirming an ex-parte interim order of SEBI, was of the

Case Briefs High Courts

P&H HC | Are Recordings of Private Conversation between Husband and Wife permissible as evidence under S. 13 of HMA, 1955? HC decides

Punjab and Haryana High Court: Lisa Gill, J., held that to permit a spouse to record conversations with an unsuspecting partner and

Case Briefs High Courts

Courts are not meant to provide police protection to youths who have fled to marry according to their own wishes; Raj HC reiterated

Rajasthan High Court: Dinesh Mehta J. rejected the petition and disposed off the stay application. The instant petitions were filed by couples

Case Briefs High Courts

J&K HC | Dowry Prohibition Act vis-a-vis J&K Dowry Restraint Act; HC blurs the line between the two

Jammu and Kashmir High Court: In a case alleging dowry death, Rajnesh Oswal, J., clarified the scope and applicability of Jammu and

Case Briefs Foreign Courts

SCOTUS: Biden Administration’s Vaccine Mandate: Yay or Nay– 2 Cases; 2 Scenarios

Supreme Court of The United States: The Full Bench of the SCOTUS on 13th January, 2022 gave its decision on the Vaccine

Case Briefs District Court

Daughter-in-law accuses father-in-law of offence under S. 138 NI Act. Here’s the detailed account of whether father-in-law gave the cheque to daughter-in-law or was it taken without his knowledge || Saket District Court decides

Saket District Court, Delhi: Sonam Singh, MM (NI Act) acquitted the accused who was charged with an offence under Section 138 of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Jurisdiction for claim of refund filed/initiated to be dealt under the provision Central Excise law and not by the provision of CGST law

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) dismissed the application filed by the Revenue (CCE & ST,

Case Briefs High Courts

HP HC | Compassionate appointment is not a matter of right but subject to policy changes; appointment rightly rejected to son as mother is already employed with PWD

Himachal Pradesh High Court: A Division Bench of Sabina and Satyen Vaidya JJ. dismissed the petition on grounds of non-interference. The facts

Case Briefs Supreme Court

No more uncertainty over fixation of percentage of reservation for OBC and SC/ST candidates; SC interprets Section 3 Second Proviso of CEI Act, 2006

Supreme Court: The bench of L. Nageswara Rao and Hima Kohli, JJ has held that the formulae for fixing the percentage of

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Twitter, Telegram and the tattered chances-Illicit act of swindlers recommending stock tips on social media; Tribunal acts immediately

Securities Exchange Board of India (SEBI): SK Mohanty, Whole Time Member, while acting immediately on the matter, was of the opinion that

Case Briefs High Courts

Law on S. 498-A IPC | Can an alleged girlfriend be arrayed as an accused in a crime registered under S. 498-A IPC? Bom HC reiterates SC’s observation

Bombay High Court: The Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., reiterated that an alleged girlfriend cannot be arrayed

Case Briefs Supreme Court

Corporate Insolvency, Claims against Corporate Debtor and Period of Limitation; SC assesses impact of COVID-19 pandemic

Supreme Court: In a case relating to Corporate Insolvency, the Division Bench comprising of Indira Banerjee* and J.K. Maheshwari, JJ., quashed the

Case Briefs High Courts

MP HC | It is duty and obligation of Courts to go on with matters or otherwise it would tantamount to becoming a privy to the strike; Court dismisses appeal

Madhya Pradesh High Court: Sujoy Paul, J. dealt and dismissed a petition while highlighting the increasing issues of strikes and boycotts by

Case Briefs District Court

Dishonour of Cheque occurring when parties entered in an illegal and void agreement: Can Court still take cognizance in S. 138 NI Act complaint? Dwarka Court decides

Dwarka Court, New Delhi: Shipra Dhankar, MM (NI Act) on noting that the dishonour of cheque occurred in consequence of an illegal

Case Briefs Supreme Court

Is Arbitration Tribunal empowered to award compound interest? Supreme Court Answers

Supreme Court: The 3-judge Bench comprising of N.V. Ramana, CJ., A.S. Bopanna and Hima Kohli*, JJ., held that Arbitral Tribunal is empowered