Case Briefs Archives

Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist? Does MRE provides impunity to offender? One says ‘Yes’, other says ‘No’ [DETAILED REPORT]

Delhi High Court: In a split verdict the Division Bench of Rajiv Shakdher and C. Hari Shankar, JJ., laid down their opinion

Case Briefs High Courts

Infringement of Starbucks trademark FRAPPUCCINO | Del HC awards Rs 2 lakh in damages and 9 lakh costs

Delhi High Court: In a matter wherein Starbucks trademark ‘frappuccino’ was being infringed, Jyoti Singh, J., while observing that, FRAPPUCCINO trademarks have

Case Briefs Supreme Court

Sedition Law under scanner| All pending cases to be kept in abeyance; Centre/States urged not to register fresh cases till Section 124A is reviewed: SC

Supreme Court: In the petitions challenging the Constitutionality of Section 124A of the Penal Code 1860 dealing with the offence of Sedition,

Case Briefs High Courts

Kar HC | In the absence of any declaration that the child is deserted by his biological or adoptive parents or guardians; no offence can be made out under S. 80 JJ Act

Karnataka High Court: Hemant Chandangoudar, J., allowed the petition and quashed the impugned proceedings initiated against alleged offence under Section 80 of

Case Briefs High Courts

Utt HC | Minor contradictions or insignificant discrepancies in the statement of a prosecutrix should not be a ground for throwing out an otherwise reliable prosecution case; appeal dismissed in POCSO matter

Uttaranchal High Court: Ramesh Chandra Khulbe, J. dismissed a criminal appeal which was filed from jail assailing the judgment and order whereby

Case Briefs High Courts

Dying declaration is by itself sufficient to convict an accused of accusation levelled against him provided dying declaration is found to be voluntary, truthful and hence, could inspire confidence of Court: Bom HC

Bombay High Court: While addressing a matter with regard to a husband setting ablaze his wife, the Division Bench of Sadhana S.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can territorial jurisdiction of NCLT be decided on basis of a Facility Agreement between parties? NCLAT answers

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that,

Case Briefs Supreme Court

Cheque issued as a security and not in discharge of legally recoverable debt; Is the contention sufficient to quash proceedings under N.I. Act at pre-trial stage? SC examines

“The quashing proceedings must not become an expedition into the merits of factual dispute, so as to conclusively vindicate either the complainant or the defence.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can mere rejection of the claim by Assessing Officer, make assessee liable for penalty? ITAT explains

Income Tax Appellate Tribunal, Delhi (ITAT): Addressing the issue, of whether mere rejection of the claim by an Assessing Officer would ipso

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will compensation paid by an employee to an employer for resigning from service without giving requisite notice, fall under taxable service? CESTAT decodes

Customs, Excise & Service Tax Appellate Tribunal, Bangalore (CESTAT): The Coram of S.K. Mohanty (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once insolvency proceedings are put on Stay, Can resolution professionals still be entitled to fees during Stay? NCLAT answers

National Company Law Appellate Tribunal (NCLAT), New Delhi: In a matter with regard to fees of resolution professional, the Coram of Justice

Case Briefs High Courts

If there is a delay in payment of gratuity, whether interest on delayed gratuity will be mandatory or discretionary? Guj HC decides

Gujarat High Court: Biren Vaishnav, J., reiterated that, interest on delayed payment of gratuity is mandatory and not discretionary. The petitioner had

Case Briefs Supreme Court

Whether a Presidential order banning benefit of parole and remission in a mercy petition will create a blanket ban on benefit of furlough? Supreme Court examines

Supreme Court: In a landmark ruling, the Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., reversed Delhi High Court’s judgment holding

Case Briefs High Courts

MP HC │ Permission to change statement before Court would be dangerous for legal system and it may be also misuse of S. 311 of CrPC; application for restatement after 2 years dismissed

Madhya Pradesh High Court: Anil Verma, J. dismissed a criminal revision filed against the impugned order whereby an application preferred by the

Case Briefs High Courts

Chh HC | Art. 14 of the Constitution does not envisage negative equality; Grant of study leave to employees under probation, cannot be a ground for claiming negative parity in the teeth of R. 42 (5) of Chhattisgarh Civil Services (Leave) Rules, 2010

Chhattisgarh High Court: A Division Bench of Arup Kumar Goswami CJ. and Rajendra Chandra Singh Samant J. dismissed the appeal and remarked

Case Briefs High Courts

When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC

Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible

Case Briefs High Courts

Statement that Kashmir is under occupation of armed forces and people of Kashmir reduced to slaves, will be protected under Right to Freedom of Speech and Expression?J&K and Ladakh HC answers

Jammu and Kashmir and Ladakh High Court: Stating that, the intention of a person can be gathered from the words spoken or

Case Briefs Supreme Court

“A judge, like Caesar’s wife, must be above suspicion”. Showing undue favour to a party under the guise of passing judicial orders is the worst kind of judicial dishonesty: SC

Supreme Court: In a case where a Judge was accused of misconduct, the bench of Dr. DY Chandrachud and Bela M. Trivedi,

Case Briefs High Courts

If wife sells out some property, in order to maintain her children, would that mean the wife will not have opportunity to claim maintenance under S. 125 CrPC? All HC explains

Allahabad High Court: Brij Raj Singh, J., while discussing the matter with regard to providing maintenance to a wife, noted that the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fine of Rs 41.21 Crores imposed on a Government Corporation for excess mining and violation of conditions of Environmental Clearance: NGT issues 10 directions || If no fine, would rule of law be impacted? Read

National Green Tribunal (NGT), Southern Zone, Chennai: While imposing a fine of Rs 41.21 crores on Singareni Collieries Company Limited, for violation