Case Briefs Archives

Cal HC │ Primary Teachers Welfare Association allowed to take out a peaceful procession; Directions issued

Calcutta High Court: Shampa Sarkar, J. took up a petition which was filed with an allegation that the Commissioner of Police, Kolkata

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT upholds the invocation of S. 263 of Income Tax Act by the PCIT to set aside an assessment order for being prejudicial to interests of the Revenue

Income Tax Appellate Tribunal (ITAT): The Coram of Manish Borad (Accountant Member) and Rajpal Yadav (Vice President), in the instant appeal filed

Case Briefs High Courts

Ker HC| Statutory diktat for sexual offenses most often unknown to students and youths; HC directs State to include sessions regarding POCSO Act and S. 376 IPC in curriculum

“The educational machinery of the State has fallen woefully short in imparting the required awareness to the young children about the heinous crimes and its consequence.”

Case Briefs High Courts

Does a High Court have the jurisdiction to grant anticipatory bail in a case that has been registered beyond its local limits? J&K and Ladakh HC answers

Jammu and Kashmir and Ladakh High Court: While considering an anticipatory bail application concerning an FIR registered in Neemuch, Madhya Pradesh; the

Case Briefs High Courts

Bom HC| Vacancies in open category posts also need to be advertised under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977

Bombay High Court: The petitioners challenged the order of a School Tribunal, whereby they were directed to reinstate the respondent/employee. Quashing the

Case Briefs High Courts

Del HC directs fresh adjudication in a case involving mixed question of fact and law, as it found relevant submissions were not considered by AO

Delhi High Court: A Division Bench of Manmohan and Manmeet Pritam Singh Arora, JJ. disposed the petition and directed fresh adjudication as

Case Briefs High Courts

Bom HC │ Marrying another man at a time of extra marital affair with a person, by no stretch of imagination, is abetment to commit suicide; FIR quashed

Bombay High Court: The Division Bench of Sunil B. Shukre and G.A. Sanap, JJ. allowed an application quashing an FIR registered for

Case Briefs High Courts

Adjudication proceedings and criminal proceedings can be launched simultaneously; Madras High Court reiterates, setting aside of assessment orders on technical grounds not enough to quash criminal proceedings

Madras High Court: G. Chandrasekharan, J. declined to quash prosecution against actor SJ Suryah as the order of the Income Tax Appellate

Case Briefs High Courts

No illegality found in the impugned order during revision; Del HC upholds discharge of Arvind Kejriwal, Manish Sisodia along others

Delhi High Court: Geetanjali Goel, J. upholds the discharge of Delhi CM and others in the Anshu Prakash assault case having found

Case Briefs Supreme Court

Capital Punishment| Supreme Court allows Project 39A of NLU Delhi to conduct psychological evaluation of a death row convict to bring out mitigating factors

Supreme Court: Adopting a humanitarian approach, the 3-judge Bench of Uday Umesh Lalit, S. Ravindra Bhat, and Sudhanshu Dhulia, JJ., allowed Project

Case Briefs High Courts

Del HC | Commercial wisdom of the parties in an agreement not to be revisited; arbitral tribunal cannot re-work the terms owing to commercial difficulties of one party

Delhi High Court: Vibhu Bakhru, J. while hearing an application against award of an arbitral tribunal has held that it would not

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Using provisions of IBC for revival of TDS amounts is a misuse of IBC; NCLAT holds defaults over non-payment of TDS is not a ground for initiation of CIRP

A coram of Justice Ashok Bhushan (Chairperson), Shreesha Merla (Technical member) and Naresh Salecha (Technical Member) has held that non-payment of TDS

Case Briefs High Courts

Delhi HC| Refund cannot be adjusted while appeal to earlier challenge to assessment is pending

Delhi High Court: A Division Bench of Manmohan and Manmeet Pritam Singh Arora JJ. disposed the petition and directed the respondents to

Case Briefs Supreme Court

Old Age Home inmates can’t get away with causing disruption of peace of other inmates; Administration can ask them to vacate the room: Supreme Court

“One can understand the mental trauma which the parents face in the evening of their life but the agony suffered by a parent cannot be a cause of disturbance to the other inmates or to the organizers who have resolved to take care and run the old age home.”

Case Briefs High Courts

Cal HC │ Act of disconnecting the electricity supply for non-payment of the balance dues on the disputed bill beyond authority of CESC Ltd.; Petition allowed

Calcutta High Court: Sabyasachi Bhattacharyya, J. allowed a petition directing the CESC Ltd. to restore the electricity supply of the petitioner unconditionally.

Case Briefs Supreme Court

Railway doubling project on Karnataka-Goa route antithesis to biodiversity and ecology; Supreme Court revokes approval for railway doubling in Western Ghats

“While economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation; at the same time, the necessity topreserve ecology and environment should not hamper economic and other developments.”

Case Briefs High Courts

Ori HC highlights need for equity in cases of deferred payments; Interest to be paid in delayed payment of arrears due to administrative laches

Orissa High Court: S. K Panigrahi, J. directed the State to pay simple interest computed at the rate of 6% per annum

Case Briefs High Courts

Detenue is ambivalent in her stand between her desire to be with her husband and fear of being ill-treated by the parents of her husband; Ker HC did not issue Habeas Corpus

Kerala High Court: A Division Bench of K Vinod Chandra and C Vijayachandran, JJ. dismissed the petition and rejected the relief sought

Case Briefs Supreme Court

Madras High Court’s decision to keep enquiry report in a sealed cover in SP Velumani graft case doesn’t sit well with Supreme Court

Supreme Court: In the case where the Madras High Court had ordered an enquiry and obtained a report without furnishing a copy

Case Briefs High Courts

Does DRT has power to restrain a person from travelling abroad? Does Art. 21 includes right to travel abroad? Bom HC discusses

Bombay High Court: Expressing that the right to travel abroad has been spelt out from the expression “personal liberty” in Article 21