Case Briefs Archives

Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains

Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding

Case Briefs High Courts

Cal HC | Policy decisions of State not to be disturbed unless found to be grossly arbitrary or irrational; prayer for extension of lease rejected

Calcutta High Court: Shampa Sarkar, J. decided on a petition which was filed for a direction upon the respondents 7 and 8

Case Briefs High Courts

[Section 125 CrPC] Husband with sufficient means, is obligated to maintain wife and children? Del HC answers in a maintenance matter

Delhi High Court: In a maintenance matter, Subramonium Prasad, J., expressed that, if a husband has sufficient means, he is obligated to

Case Briefs Supreme Court

Reduction in stamp duty cannot lead to revenue splitting an instrument into two once it has already been charged under a correct charging provision: Supreme Court

Supreme Court: While dealing with a case under the Gujarat Stamp Act, 1958, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Delayed payment of employee’s contribution to EPF/ESIC is not disallowable as amendments to S. 36(1) (va) and S. 43B effected by Finance Act, 2021 were applicable prospectively; appeal allowed

Income Tax Appellate Tribunal (ITAT), New Delhi: The Coram of Pradip Kumar Kedia (Accountant Member) and Narender Kumar Choudhry (Judicial Member) allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once a statute is repealed, will subordinate legislation made under statute ceases to have effect or can it be avoided by a saving clause? SAT elaborates

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) and Meera Swarup

Case Briefs High Courts

Power of Revision vis a vis Stage of Framing of charges; Strong suspicion at the initial stage is sufficient for the court to proceed with framing of charges

Rajasthan High Court: Pushpendra Singh Bhati, J., refused to interfere with the impugned order due to lack of any legal infirmity. The

Case Briefs Supreme Court

Is there a policy rewarding public prosecutors for securing death sentence? Supreme Court asks M.P. government in a Suo Motu case

Supreme Court: The 3-Bench comprising of Uday Umesh Lalit, S. Ravindra Bhat and P.S. Narasimha, JJ., issued notice to Madhya Pradesh government

Case Briefs High Courts

Whether absence of rule of law or utter disregard for the same propels a country towards inevitable ruin? Del HC throws light

Delhi High Court: Expressing that, attempts to circumvent or undermine judicial decisions need to be viewed seriously in order to ensure that

Case Briefs High Courts

Cal HC | There are many known heroes and unsung heroes, if everybody starts making such a claim there will not be an end; Petition for printing Netaji’s picture on currency notes dismissed

Calcutta High Court: The Division Bench of Prakash Shrivastava, CJ. and Rajarshi Bharadwaj, J. dismissed a petition which was filed by the

Case Briefs High Courts

If an assessee under stress of investigation, signs a statement admitting tax liability and makes a few payments, can it lead to self-ascertainment? Madras HC explains

Madras High Court: Dr Anita Sumanth, J., expressed that with the inception of Section 74(5)of GST Act, it is the case of

Case Briefs High Courts

For determining land acquisition compensation, market value, if any, specified in Stamp Act for registration of Sale Deed and/or Agreement of Sale has to be considered: Bom HC

Bombay High Court: The Division Bench of S.V. Gangapurwala and Vinay Joshi, JJ., expressed that only because 83% of the property for

Case Briefs Supreme Court

Anganwadi Workers/Helpers entitled to payment of gratuity; ‘Time to take serious note of their plight’: Supreme Court

Supreme Court: In a detailed judgment stressing on the importance of the work done by the Anganwadi workers/helpers at the grassroot level,

Case Briefs High Courts

In the guise of applying makeup, a bridal make up artist alleged sexually assaulted several women: Can he be granted anticipatory bail? Kerala HC decides

Kerala High Court: Gopinath P., J., granted bail to the bridal make up artist who was alleged to have sexually assaulted several

Case Briefs High Courts

If service of an employee at his superannuation is less than ten years, then previous temporary or officiating service needed to be counted for qualifying service for pension: Bom HC

Bombay High Court: The Division Bench of R.D. Dhanuka and S.G. Mehare, JJ., expressed that, for condoning the interruption in service, the

Case Briefs Supreme Court

Solitary Confinement of Death Row Convicts: Judicial officer to probe to apprise Supreme Court of ground reality

Supreme Court: While addressing an appeal alleging solitary confinement of a death row convict, the 3-Judge Bench of Uday Umesh Lalit, S.

Case Briefs High Courts

MP HC | Order by Single Judge beyond records of the case; it is beyond facts, and it is beyond truth; Appeal by State allowed

Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ and Purushaindra Kumar Kaurav, J. allowed a writ appeal filed by

Case Briefs High Courts

Ori HC | Writ Court cannot pronounce on a legal right of petitioner who is a consumer for wrongful disconnection of electricity to receive compensation

Orissa High Court: Narendra Kumar Vyas, J., directed the petitioner to approach Civil Court as the writ court cannot pronounce the legal

Case Briefs Supreme Court

Producing false/fake certificate is a grave misconduct; Dismissal of service justified in such cases: Supreme Court

Supreme Court: In a case where an employee had produced a fake certificate for seeking employment, the bench of MR Shah* and

Case Briefs High Courts

Rule of priority in favour of arbitrators is counterbalanced by Courts’ power to review existence and validity of arbitration agreement: Del HC

Delhi High Court: Mukta Gupta, J., expressed that the issue of whether in the absence of a third party, the refundable security