Case Briefs Archives

“Minor child interested in staying with natural parents only”; Telangana High Court directs Child Welfare Committee to handover the custody of minor child to natural parents, giving visitation rights to foster parents

Telangana High Court: While deciding a case, wherein, a writ of habeas corpus was filed seeking to direct the respondents

Case Briefs High Courts

Madras High Court | Once UAPA charges quashed, accused cannot be denied bail on ground that criminal conspiracy under Section 120-B IPC attracts the offence punishable under the provisions of UAPA

Madras High Court: In an appeal against the order passed by the Special Court rejecting the appellant’s bail, the division

Case Briefs Tribunals/Commissions/Regulatory Bodies

Central Information Commission directs CPIO to disclose information subject to completion of investigation

Central Information Commission: In the second appeal filed by the appellant under Section 19 of the Right to Information Act,

Case Briefs Supreme Court

‘Whether Enforcement directorate can attach properties of corporate debtor once moratorium is in force; Supreme Court issues notice in a SLP

Supreme Court: In a special leave petition (‘SLP’) having question of law, whether Enforcement directorate (‘ED’) can attach properties of corporate debtor

Case Briefs Supreme Court

Maintenance of wife and children| Income Tax returns not accurate to determine real income; Family Court must determine husband’s real income: SC

Supreme Court: While deciding a case filed under Section 125 of Code of Criminal Procedure (CrPC), in which the appeal

Case Briefs

1992-93 Bombay Riots and Blasts: Trace the missing persons and compensate; Read Supreme Court’s directions to Maharashtra Government

Supreme Court: In a writ petition relating to the issue of implementation of the recommendations of the Justice B.N. Srikrishna commission constituted

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

‘Identifier for 10% Quota for EWS is economic deprivation; Social or educational backwardness irrelevant’: Key takeaways from Dissenting opinion

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

Case Briefs High Courts

Interim moratorium under S. 96 IBC in respect of one of the guarantors would not ipso facto apply against a co-guarantor; Delhi HC stays suit in view of bar under S.96 IBC

Delhi High Court: In two separate suits filed seeking recovery of amount from the defendants, being ex- promoters and personal guarantors of

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

Constitutionality of 10% Quota for EWS upheld in 3:2 verdict: Key takeaways from Majority Ruling including suggestion for prescribing time limit for reservation

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

Case Briefs High Courts

Madras High Court| Scope of Article 338 of the Constitution cannot be expanded for interfering with the routine administrative affairs of the employer, governed under the service rules

Madras High Court: In a writ petition filed by Life Insurance Corporation of India (‘LIC’) against the order passed by

Case Briefs High Courts

Telangana High Court | Objecting husband from taking care of his parents would amount to cruelty and consequently lead to divorce by the Family Court

Telangana High Court: In a case where the offences alleged against the petitioners under Section 498-A of the Penal Code,

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Welding Electrodes’ do not qualify as ‘consumables’; CESTAT holds recovery of Modified VAT credit to be incorrect

Customs, Excise and Service Tax Appellate Tribunal: While dealing with an issue relating to recovery of Modified Value Added Tax (MODVAT) credit

Case Briefs High Courts

FIR against a 9-year-old boy for causing unintentional accident by cycle; Bombay High Court quashes FIR and directs State to pay Rs 25000 to family

Bombay High Court: In a case filed by the mother of a 9-year-old minor boy, seeking quashing of the FIR

Case Briefs High Courts

“Section 219 CrPC directory in nature”; Kerala High Court upholds order for dismissing accused’s application for joint trial

Kerala High Court: In a criminal miscellaneous petition challenging the order passed by the Sessions Court, wherein the Court dismissed

Case Briefs High Courts

“Glorification of an accused can never be in the interest of society as well as the justice dispensation system”; Madhya Pradesh High Court cancels bail of the man projecting himself as warrior after his release from jail

Madhya Pradesh High Court | While deciding an application filed for cancellation of bail of the accused who booked for

Case Briefs High Courts

Orissa High Court| Sanction must be issued under Section 197 of CrPC for taking cognizance on having ‘reasonable nexus’ with official duty

Orissa High Court: In a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Code’) challenging the

Case Briefs High Courts

Gujarat High Court | Notice for appointment of arbitrator cannot be rejected on ground of vague material particulars

Gujarat High Court: While deciding the instant petition, Aravind Kumar, C.J., said that the prayer for appointment of an arbitrator

Case Briefs High Courts

Delhi High Court| Right of default bail is extinguished the moment charge sheet is filed within the period prescribed

Any irregularity or illegality in the remand order is not a statutorily sanctioned reason for grant of default bail

Case Briefs High Courts

Madras High Court set aside detention order passed by District Magistrate, due to undue and unexplained delay of 14 days in considering representation

Madras High Court: In a habeas corpus petition filed calling for the records pertaining to the order of detention passed

Case Briefs Supreme Court

Supreme Court upholds validity of amended Employees’ Pension Scheme but reads down certain provisions; Explains applicability of pre & post amendment Scheme

The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme has, however, been held to be ultra vires the provisions of the 1952 Act. The Court has given 6 months’ breather to the authorities make adjustments in the scheme.