Case Briefs Archives

[Res-Judicata] Kar HC | Even if some similarly situated persons have been granted benefit inadvertently or by mistake, the same does not confer any legal right to claim similar relief

Karnataka High Court: A Division Bench of Alok Aradhe and J M Khazi, JJ. dismissed the appeal and quashed the impugned judgment

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can service tax be levied on services provided by club to its members? CESTAT answers

Customs, Excise & Service Tax Appellate Tribunal, New Delhi (CESTAT): The Coram of Dilip Gupta (President) and P.V. Subba Rao (Technical Member),

Case Briefs High Courts

Ori HC | Government servant should not be permitted to correct the date of birth near/ around superannuation; application to be entertained only within 5 years from joining date

Orissa High Court: S.K Panigrahi, J. dismissed the petition and remarked “no application for alteration of date of birth after five years

Case Briefs Supreme Court

Pay on a par with last drawn pay on reemployment in Government Service? Not a matter of right, holds Supreme Court

Supreme Court: In a case where the bench of MR Shah* and BV Nagarathna, JJ was posed with the question as to

Case Briefs High Courts

If a boy accused under S. 376 IPC, in consensus with the victim-girl decides to get married, can FIR filed under S. 376 IPC be quashed? Bom HC decides

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., quashed an FIR filed for an offence under

Case Briefs High Courts

If an assessee living outside India delays in filing objection to Show Cause notice by one day in asking for adjournment, Can HC deny him of his right? Here’s what Del HC observes

Delhi High Court: The Division Bench of Manmohan and Manmeet Pritam Singh Arora, JJ., expressed that, merely because there was a delay

Case Briefs High Courts

Presumption against signatory of a Cheque, Plea of lost cheque to be proved at trial: Del HC refuse quashing of summoning order for S. 138 NI Act offence

Delhi High Court: Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed

Case Briefs High Courts

P&H HC | FIR against Raveena Tandon, Farah Khan and Bharti Singh stayed; No coercive steps to be taken

Punjab and Haryana High Court: Karamajit Singh, J., directed the State of Punjab not to take “coercive steps” against Raveena Tandon, Farah

Case Briefs Supreme Court

More than one chargesheet is necessary for invoking provisions of Gujarat Control of Terrorism and Organised Crime Act, 2015: Supreme Court

Supreme Court: The Division Bench comprising B.R. Gavai and Hima Kohli, JJ., (Vacation Bench) reversed the order of the Gujarat High Court,

Case Briefs High Courts

Can an educational certificate be a marketable commodity? Madras HC answers while reiterating whether management can retain certificates of students

Madras High Court: G.R. Swaminathan, J., while addressing the grievance of some qualified doctors, expressed that, Educational Certificate is not a marketable

Case Briefs High Courts

[Rape] Kar HC addressed whether offence under S. 376 IPC can be compounded in case of settlement arrived between the parties

Karnataka High Court: M Nagaprasanna, J., quashed the proceedings against the petitioners in Crime No.87 of 2022 of Byadarahalli Police Station pending

Case Briefs High Courts

Cal HC | On failure of State’s duty to disburse the gratuity and pension amount on the due date, interest is obligatory

Calcutta High Court: Amrita Sinha, J. disposed of a petition which was filed by an Assistant Teacher who retired from service on

Case Briefs Supreme Court

Liability in respect of a claim arising out of a Recovery Certificate is a “financial debt” under Section 5(8) of the IBC: Supreme Court

Supreme Court: The 3-judge bench of L. Nageswara Rao, BR Gavai* and AS Bopanna, JJ has held that a liability in respect

Case Briefs Tribunals/Commissions/Regulatory Bodies

A child was found HIV + 2 decades ago, after a blood transfusion; NCDRC reprimands discussion on “ifs” and “buts” as it would be against the object of Consumer Protection Act

National Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), on finding that a child

Case Briefs High Courts

Raj HC | Neither the mere potential to earn, nor actual earning of wife, howsoever meagre, is sufficient to deny claim of maintenance

Rajasthan High Court: Pushpendra Singh Bhati J. modified the impugned order and enhanced the compensation to Rs 75000/- (for wife) and Rs

Case Briefs High Courts

If arbitrator’s son was married to niece of one of parties, would that be described as a close family relationship resulting in ineligibility of Arbitrator by virtue of S. 12(5) of the A&C Act? Del HC examines

Delhi High Court: While addressing the ineligibility of an arbitrator to be appointed, Vibhu Bhakru, J., elaborated on the expression ‘close family

Case Briefs Supreme Court

Can State deny benefits of New Pension Scheme citing delayed appointments when the delay was not attributable to employees? Supreme Court answers

Supreme Court: The Division Bench comprising Ajay Rastogi and Bela M. Trivedi, JJ., reversed the impugned judgment of the Madras High Court and held that