Case Briefs Archives

All HC accepts unqualified apology, Closes 21 yr old contempt case against lawyers involving strike, boycott, destruction and throwing away of court records

Allahabad High Court: While enunciating that “Nobility and contribution to freedom struggle of our nation are the two attributes which rush to

Case Briefs Foreign Courts

SL SC | “Due Diligence necessary for exemption under Supreme Court Rules, 1990”; appeal rejected

Supreme court of Sri Lanka: The Full Bench of Justice Vijith K. Malalgoda, PC, Justice S. Thurairaja, PC and Justice E. A.

Case Briefs Supreme Court (Constitution/Larger Benches)

Aadhaar| When 4:1 majority refused to review the Aadhaar-5 Judges verdict but Justice Chandrachud dissented

Supreme Court: In spite of going through several rounds of litigation and long hours consideration, the Adhaar Controversy had once again popped

Case Briefs High Courts

Significance of ‘sterling witness’ in a matter wherein a daughter alleges that her father raped her: Bom HC examines whether daughter’s evidence was of ‘sterling quality’ or not

Bombay High Court: Anuja Prabhudessai, J., while addressing a matter of a daughter alleging rape by her father expressed the significance of

Case Briefs District Court

Family Court grants divorce by mutual consent under S. 13-B where parties refuse to cohabit and resolve disputes

Family Court, Ahmednagar: Netra A Kank, J., allowed a petition granting a decree of divorce by mutual consent to the petitioners. The

Case Briefs Supreme Court

Explained| To constitute a charge under Section 397 IPC, is it necessary to prove that the offender has put the weapon/firearm to “use”?

Supreme Court: The 3-judge bench of NV Ramana, CJI and AS Bopanna* and Hima Kohli, JJ has elaborated on the question as

Case Briefs Foreign Courts

Equitable Apportionment applicable even where the natural flow is “extremely low”; SCOTUS dismisses Mississippi’s absolute ownership claim on its underground water

Supreme Court of the United States: While addressing inter-state water dispute between Mississippi and Tennessee, the Full Bench held that Mississippi’s ownership

Case Briefs High Courts

Manipur HC | Protection Officer and Legal-cum-Probation Officer to be a feeder post of the Deputy Director, Social Welfare

Manipur High Court: The Kh. Nobin Singh, J., directed that the Respondents shall consider the representation dated 2-12-2021 and dispose of the

Case Briefs High Courts

If Labour Court orders reinstatement and employer challenges the said order, is workman entitled to payment of full wages during pendency of challenge by employer? Del HC explains in consonance of Industrial Disputes Act

Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., decided a matter with regard to payment of full

Case Briefs High Courts

Touching feet of a woman without her consent: Is it outraging the modesty of a woman? Bom HC answers

Bombay High Court: While addressing a matter with regard to “outraging modesty of a woman”, M.G. Sewlikar, J., expressed that, “…touching any

Case Briefs High Courts

Does failure to disclose mental disorder before marriage constitute perpetration of fraud so as to grant divorce? Del HC decides

Delhi High Court: While stating that, Marriage is not made of only happy memories and good times, and two people in a

Case Briefs High Courts

Madras HC | Administrator of WhatsApp group approaches Court for relief in FIR filed for promoting enmity between different groups. Read Court’s order

Madras High Court: G.R. Swaminathan, J., dealt with an interesting matter where the petitioner who was administrator of a WhatsApp group approached

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Merely mentioning in Discharge book that cause of death was aggravated by military service not sufficient; Tribunal emphasises on need for medical opinion for Special Pension

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Supreme Court

“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC

Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT

Case Briefs Supreme Court

Explained| Order dictated in Open Court but not signed: Can it be recalled? When does a judgment really become a judgment?

Supreme Court: In a case where the order was dictated in the court, but had not been signed, the 3-judge bench of

Case Briefs Foreign Courts

SL CoA | Can a conviction stand solely on the uncorroborated testimony of the complainant? Court clarifies

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Devika Abeyratne and P. Kumararatnam, JJ., allowed

Case Briefs High Courts

Judgment on Admissions | Is Court justified in allowing application under Or. 12 R. 6 CPC for absence of material pleadings, presence of moonshine defence in WS? Del HC discusses

Delhi High Court: Asha Menon, J., held that, “Mere fact that the boundary walls had been built by the defendants cannot be

Case Briefs Foreign Courts

SL CoA | Defence of sudden and grave provocation can’t be granted; Court explains

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of K Priyantha Fernando and Sampath B Abayakoon,

Case Briefs Supreme Court

1273 Complaints from State Bar Councils transferred to BCI in last 5 years: SC unimpressed by COVID-19 Pandemic excuse for non-disposal of complaints; Issues Directions

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has issued a series of directions after it was brought to

Case Briefs Foreign Courts

Is rejection to issue “X” marker (unspecified) passport for non-gendered people violative of right to respect for private life and discriminatory under EU Convention? UK SC decides

United Kingdom Supreme Court: Rejecting the demand for “X” marker passport (unspecified gender) for non-gendered people, the Bench of Lord Reed, President