Case Briefs Archives

‘Sexual perversity is a social menace’: Cal HC upholds order of framing charges against Stepfather; Lays guidelines for effective protection of child victim’s identity under POCSO Act

Calcutta High Court: While expressing that, Sexual perversity is not only a personal disease, but also a social menace; The act itself

Case Briefs Supreme Court

Dowry Death| Wife goes missing from matrimonial home; body found a week later: Circumstances unerringly point to husband’s guilt despite slipshod investigation, holds SC

Supreme Court: Despite a slipshod investigation in a case, the 3-judge bench of NV Ramana, Surya Kant and Hima Kohli*, JJ has

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether non-referral of patient to Specialist or higher centre amounts to deficiency in service or medical negligence of the treating doctor/hospital? NCDRC decides

National Consumer Disputes Redressal Commission (NCDRC): Justice R.K. Agarwal (President) and Dr S.M. Kantikar and Binoy Kumar (Members) decided a matter with

Case Briefs Supreme Court

Conspiracy and abetment of corruption; SC holds section 13 of Prevention of Corruption Act cannot be invoked against non-public servant

Supreme Court: While dealing with a case of abetment and conspiracy for commission of criminal misconduct by public servant, the Division Bench

Case Briefs High Courts

Magistrate required to exercise judicious discretion before ordering interim compensation, S. 143-A NI Act not mandatory: Kar HC

Karnataka High Court: Rajendra Badamikar, J., reversed an order of the Magistrate which had directed the petitioner accused to deposit 20% of the

Case Briefs High Courts

“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates

Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the

Case Briefs High Courts

Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his

Case Briefs High Courts

Cal HC | “Circumventing invocation of Bank Guarantee justified in matters of irretrievable injustices and special equities”: Court rejects application

Calcutta High Court: Moushami Bhatacharya J., while rejecting vacating application of an order of injunction on Yes Bank held that “an unconditional

Case Briefs High Courts

Dishonour of Cheque | Is it mandatory for trial court to award interim compensation under S. 143-A NI Act on mere invocation thereof? Del HC decides whether S. 143-A is directory or mandatory?

Delhi High Court: Anu Malhotra, J., held that the provision of Section 143A of the NI Act, 1881 is directory in nature

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Suppression of facts in the nature of ‘undeclared goods’ and ‘misdeclared good’ resulting in confiscation made under S. 28 (4), held to be valid and proper

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Sulekha Beevi (Judicial Member), dismissed the appeal against the order of Commissioner of Customs

Case Briefs High Courts

Trafficked then thrown into prostitution; HC addresses plight of minor girl, directs District Judges to sensitize judicial officers about provisions of POCSO and JJ Act

Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was

Case Briefs High Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative

Case Briefs Supreme Court

Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee

Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the

Case Briefs High Courts

Madras HC takes suo motu cognizance of objectionable clip including Court proceedings doing rounds in social media, Directs registration of FIR

Madras High Court: The Division Bench of P.N. Prakash and R. Hemalatha, JJ., noted that a video clipping showing the online Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Rejection of refund on the ground of limitation not justified; Appeal allowed

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S., J. (Judicial Member) allowed an appeal wherein the refund was rejected

Case Briefs High Courts

What is the legal status in case of a Muslim man regarding payment of maintenance to ex-wife beyond iddat period if she remains un-remarried and unable to maintain herself? Kar HC analyses

Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the

Case Briefs High Courts

Megh HC | Constitution of the new School Managing Committee ordered; Petition held to be infructuous

Meghalaya High Court: W. Diengdoh, J. dismissed a petition which was to decide on the issue of revocation of the constitution of

Case Briefs Supreme Court

Explained| Can more than one consumer institute a complaint under Consumer Protection Act 2019? Why is the definition of “complainant” misleading?

Supreme Court: In a case where it was alleged that more than one consumer cannot institute a complaint unless they come within

Case Briefs High Courts

If two people have consensual sexual relationship but boy later refuses to marry, Will that attract offence of cheating under S. 417 IPC? Bom HC explains

Bombay High Court: Anuja Prabhudessai, J., examines whether on mere refusal to marry the offence of cheating be constituted under Section 417

Case Briefs High Courts

When can a High Court invoke its power in granting writ of habeas corpus in child custody matters? All HC lays down scope and ambit of Writ of Habeas Corpus

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while examining the scope of the writ of habeas corpus, expressed that, The power