Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bogus Parties and Dubious Transactions- Read ITAT’s observations on a matter concerning “non-existent lenders”

Income Tax Appellate Tribunal (ITAT), New Delhi: While deciding the instant appeal pertaining to the Assessment Year 2015-16 where the Revenue challenged

Case Briefs High Courts

Calcutta High Court stays any coercive action until final decision in matter of arbitrary action of State for non-payment of GST on contracts executed prior GST regime

Calcutta High Court: Md. Nizamuddin, J. took cognizance of a writ petition which was filed for the relief by way of direction

Case Briefs High Courts

Allahabad High Court rejects claim of compassionate appointment after 27 years delay of adopted son

Allahabad High Court: Saurabh Shyam Shamshery, J. dismissed a writ petition filed for claiming compassionate appointment stating that compassionate appointment cannot be

Case Briefs High Courts

Delhi High Court directs registration of FIR in an alleged rape by BJP Leader Shahnawaz Hussain after noticing complete reluctance on part of police authorities

Delhi High Court: In a case of allegations of rape and sexual assault leveled against the BJP leader Syed Shehanawaz Hussain (‘petitioner’),

Case Briefs Supreme Court

Explained| Can an independent counter claim under Order VIII Rule 6A CPC having nothing to do with the plaintiffs be allowed?

Supreme Court: The 3-judge bench of UU Lalit, S. Ravindra Bhat and Sudhanshu Dhulia*, JJ has held that a counter claim under

Case Briefs High Courts

Abortion| Kerala HC allows a 14-year-old girl to get medical termination of her 28-week pregnancy

Kerala High Court: V. G. Arun, J., allowed medical termination of 28-week pregnancy of a 14-year-old girl. The mother of the victim

Case Briefs High Courts

Whether Head cooks and cooks employed under Mid-Day Meal Scheme covered under Minimum Wages Act, 1948? Karnataka High Court analyses

Karnataka High Court: In a case filed by a social activist seeking direction to State to provide minimum wages to the women

Case Briefs Supreme Court

State cannot declare a GST rate and make it binding on the bidder; Supplier, being liable to pay GST, must quote the relevant HSN Code: SC

Supreme Court: In an important ruling of Goods and Service Tax (GST), the bench of KM Joseph* and Hrishikesh Roy, JJ has

Case Briefs High Courts

Intermediary entitled to claim protection u/s 79 IT Act for criminal liability unless ‘active role’ is disclosed; Delhi High Court quashes FIR against Flipkart

Delhi High Court: In a case where FIR was registered by Managing Director of Sanash Impex Pvt. Ltd. (‘respondent’) against Flipkart (‘petitioner’)

Case Briefs High Courts

“Strange paradox that applicant is area in charge of Aman Committee”; Delhi High Court declines anticipatory bail to main accused in Jahangirpuri riots on Hanuman Jayanti

It is a strange paradox that the applicant claims he is area in charge of “Aman Committee”, but has not joined investigation of offences which have defeated the very purpose and aim of such committee

Case Briefs High Courts

Does a husband comparing his wife to other women amount to mental cruelty? Kerala HC answers

Kerala High Court: In a divorce case, Anil K. Narendran and C. S. Sudha, JJ., held that constant and repeated taunts by

Case Briefs High Courts

“It is not for the court to decide the validity of the allotment of land by the Government”; Tripura High Court dismisses appeal in suit for recovery of possession of land

Tripura High Court: T. Amarnath Goud, J. dismissed a second appeal which was filed under section 100 of the Civil Procedure Code,

Case Briefs High Courts

J&K and Ladakh HC| In a democratic polity governed by the rule of law, State cannot deprive a citizen of their property without the sanction of law

“The State being a welfare State governed by the rule of law, cannot arrogate to itself a status beyond what is provided by the statute”

Case Briefs High Courts

Allahabad High Court| Over-aged candidates can neither claim participation in selection process nor seek conduct of recruitment every year as a matter of right

Allahabad High Court: Saurabh Shyam Shamshery, J. dismissed the writ petition which was filed praying to issue a mandamus commanding and directing

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Time taken for preparation of the certified copy of the order/judgment excluded for limitation under Section 61 of the Insolvency & Bankruptcy Code, 2016

National Company Law Appellate Tribunal: Dismissing a time-barred appeal, the Principal Bench of National Company Appellate Tribunal comprising of Ashok Bhushan, J.

Case Briefs High Courts

Compliance with Sports Code non-negotiable; Delhi High Court warns IOA of derecognition if compliance with Sports Code is not made; Temporary CoA constituted

The pendency of this petition for the last 12 years could have been avoided. It is another matter though that during this period three Olympic Games have been represented by Indian sportspersons, albeit through a non-compliant IOA.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Reduction of Share Capital is a matter of domestic concern”; NCLAT confirms reduction of the share capital approved by the shareholders of Precious Energy Services Ltd.

National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Precious Energy Services Ltd., against the order

Case Briefs Supreme Court

Mental capacity & ability to understand consequences of acts not same; Guidelines must be in place for preliminary assessment of children above 16 years of age for trial as adults: SC

“A child with average intelligence/IQ will have the intellectual knowledge of the consequences of his actions. But whether or not he is able to control himself or his actions will depend on his level of emotional competence.”

Case Briefs District Court

Unexplained delay in filing FIR; Accused’s old age and physical disability; Victim’s “sexually provocative” dress, inter alia, lead to Kerala Court granting bail to Malayali writer Civic Chandran

Court of Sessions, Kozhikode: In an interesting case, S. Krishna Kumar, Sessions Judge granted bail to 74 years old Malayali

Case Briefs High Courts

If removal of husband from home is the only way to ensure domestic peace, the Courts need to pass such orders; Madras High Court directs husband to leave the house

Madras High Court: In a case of marital discord and petitioner-wife, a practicing advocate was seeking removal of respondent-husband from