Case Briefs Archives

Once tenant starts paying rent, can he/she turn around and challenge title of landlord? Del HC examines

Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant

Case Briefs District Court

Merely exhorting others to come out and indulge in criminal activities, would amount to committing a crime? Court answers while emphasizing elements of criminal conspiracy

Karkardooma Courts, Delhi: While addressing a case of alleged criminal conspiracy, Virender Bhat, ASJ-03, expressed that, “The circumstances in a case, when

Case Briefs Supreme Court

AIIMS to follow roster point-based reservation for preferential candidates: SC

Supreme Court: In a relief to students seeking admission in AIIMS Institutes, the bench of L. Nageswara Rao and AS Bopanna, JJ

Case Briefs High Courts

Can an act of dissent be labeled as sedition? P&H HC analyses

“Laws like sedition, need narrower and stricter interpretation and acts charged of should reflect something more than expressing discontent against State.”

Case Briefs Foreign Courts

If a person who is deaf and legally blind seeks physical therapy services is denied the same, Can emotional distress damages be recovered? SCOTUS examines

Supreme Court of the United States (SCOTUS): In a 6-3 ruling, Court expressed that, Emotional distress damages are not recoverable in a

Case Briefs High Courts

Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof

Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Cenvat Credit is allowed on Insurance services; Tribunal sets aside penalty and interest

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) partly allowed an appeal which raised the question as to

Case Briefs High Courts

Cal HC | Abscondence of an accused by itself does not establish his guilt; Conviction and sentence for punishment of murder set aside

Calcutta High Court: The Division Bench of Joymalya Bagchi and Ananya Bandyopadhyay, JJ. allowed an appeal which was directed against the judgment

Case Briefs Supreme Court

Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to issue Aadhaar Card without insisting on address proof

“…basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Article 1 of Limitation Act deals with suits relating to accounts: NCLAT highlights scope of Art. 137 of Limitation Act

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) observed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether salary during notice period falls within definition of Operational Debt under IBC : Read NCLT’s decision

National Company Law Tribunal, Mumbai Bench (NCLT): The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member deliberated

Case Briefs High Courts

MP HC | Major Couple entitled to police protection in event of any future threats from parents; Permission granted to approach police commissioner directly

Madhya Pradesh High Court: Vivek Rusia, J. decided on a petition which was filed seeking police protection. The facts of the case

Case Briefs High Courts

Right of Press to report truthfully and faithfully | Press shall NOT indulge in sensationalism: Ker HC

Kerala High Court: Stating that, though the Press has a duty to inform the public, the Division Bench of Devan Ramachandran and

Case Briefs High Courts

Cal HC | Not providing an opportunity to file a reply to the show-cause notice violation of principle of natural justice; Case remanded back to the Assessing Officer for fresh assessment

Calcutta High Court: Md. Nizamuddin, J. allowed a petition which was filed challenging the impugned assessment order under Section 147 read with

Case Briefs Supreme Court

Hindu widow’s pre-existing right to maintenance automatically ripens into full ownership when she is in settled legal possession of the property: SC

Supreme Court: The bench of Ajay Rastogi and Bela M. Trivedi*, JJ has held that by virtue of Section 14(1) of the

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)

Case Briefs High Courts

Kar HC | Teacher aged 55 years harassed a student on separate occasions, booked under POCSO, released on bail

Karnataka High Court: H.P. Sandesh, J. allowed the petition and granted bail to the petitioner in connection with a crime registered in

Case Briefs High Courts

63-year-old woman aided her 65-year old husband to commit rape on a minor girl: Can she be granted bail? J&K&L HC answers

Jammu and Kashmir and Ladakh High Court, Srinagar: Sanjay Dhar, J., expressed that, in the cases involving offences of serious nature falling

Case Briefs Tribunals/Commissions/Regulatory Bodies

Income Tax penalty cannot be invoked without relevant documents substantiating business activities: ITAT

Income Tax Appellate Tribunal (ITAT): The Coram of Shamim Yahya, Accountant Member and Narender Kumar Choudhary, Judicial Member, observed that under the

Case Briefs High Courts

HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly