Case Briefs Archives

Article on a rift between police officers published in newspaper: Will the reporter be punished under S. 505 IPC? Bom HC decides

Bombay High Court: In a matter wherein, a journalist sought to quash proceedings against him for publishing news items regarding the rift

Case Briefs High Courts

Whether Arbitration involving third parties leading to other proceedings would be arbitrable? Kar HC answers

Karnataka High Court: B.M. Shyam Prasad, J., held that there cannot be a complete adjudication of the petitioner’s rights unless the third

Case Briefs High Courts

Sikk HC | Trial Courts should exhibit sensitivity to the plight of a child victim but they cannot go overboard and stonewall steps that are mandatory to be complied with when analysing and interpreting evidence given by witnesses; Sentence of rape accused modified

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Rai Pradhan, JJ. partly allowed an appeal which was filed

Case Briefs High Courts

Irretrievable breakdown of Marriage: Chh HC dissolves marriage on appeal filed by husband against trial court order

Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by

Case Briefs Supreme Court

Double Insurance–Overlapping policies: Grant of actual loss from one insurer will forfeit right to claim from other insurer; SC rejects Levi’s’ insurance claim

Supreme Court: In a case relating to double insurance, the 3-Judge Bench comprising of Uday Umesh Lalit, S. Ravindra Bhat* and Pamidighantam

Case Briefs High Courts

Use of loudspeaker in mosque is not a fundamental right: All HC

Allahabad High Court: The Division Bench of Vivek Kumar Birla and Vikas Budhwar, JJ., held that the law has been settled, that use

Case Briefs Supreme Court

Land Acquisition| Can market value be determined retrospectively based on the market value of land acquired two years later? SC answers

Supreme Court: In a case where the Court was posed with the question as to whether determination of market value subsequent to

Case Briefs High Courts

Mother Nature is a living being having legal entity? Madras HC answers

Madras High Court: Stating that the past generations have handed over the ‘Mother Earth’ to us in its pristine glory, S. Srimathy,

Case Briefs High Courts

MP HC | Illicit deduction of amount from the retiral dues; Directions issued to refund the amount

Madhya Pradesh High Court: Sushrut Arvind Dharmadhikari, J. allowed a writ petition which was filed assailing the legality, validity and propriety of

Case Briefs High Courts

All HC | Biggest jolt for any married woman that her husband is being shared by some other lady or he is going to marry some other lady: Court dismisses discharge application of husband accused of abetting suicide of wife

Allahabad High Court: Rahul Chaturvedi, J., noted that a lady soon after coming to know that her husband got married in clandestine

Case Briefs Supreme Court

Whether there should be any “Cooling off Period” for civil servants to contest elections post resignation/retirement? Best left to the Legislature concerned, says Supreme Court

“The allegations of bureaucrats deviating from strict norms of political neutrality with a view to obtaining party tickets to contest elections, is vague, devoid of particulars and unsupported by any materials which could justify intervention of this Court.”

Advance Rulings Case Briefs

Is there an exemption of GST on service of Naturopathy provided with accommodation service? AAAR Uttarakhand answers

Appellate Authority for Advance Rulings, State of Uttarakhand GST: The Coram of P.K. Goel (CGST Member) and Dr Ahmed Iqbal (SGST Member)

Case Briefs Supreme Court

Over 90, 000 Reassessment Notices issued after April 1, 2021 saved as Supreme Court directs them to be treated as notices under Section 148A of Income Tax Act

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has modified the order passed by the Allahabad High Court wherein

Case Briefs High Courts

How an Additional Rent Controller did not exhibit a great degree of temperance in discharge of judicial functions: Read Del HC’s insights

Delhi High Court: C. Hari Shankar, J., expressed that, Unwarranted and needless hypersensitivity is not expected of Judicial Officers, who are expected,

Case Briefs High Courts

Ori HC | Exercise of power involving Application under Or. 1 R. 10 of CPC is completely different from Exercise of Power under Or. 21 Rules 97, 99 & 101 of CPC; Scope of latter is much wider

Orissa High Court: Biswanath Rath, J., rejected the application being devoid of merits. The instant C.M.P. involves allowing an Application being moved

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether Homebuyer’s’ decision as a Class will be binding on every Homebuyer? NCLAT decides

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

Case Briefs Supreme Court

Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 encroaches upon the judicial power of the State; held unconstitutional: SC

Supreme Court: The bench of L. Nageswara Rao* and BR Gavai, JJ has held that the Kerala Revocation of Arbitration Clauses and

Case Briefs High Courts

Cal HC | None of the proceedings initiated by the department shown to have been taken to the logical end; spot memos cannot be enforced

Calcutta High Court: The Division Bench of T.S. Sivagnanam and Hiranmay Bhattacharyya, JJ. party allowed a writ appeal which was filed against

Case Briefs Supreme Court

“An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2), CrPC”, SC directs presiding officer to reconsider remission application

“Section 432 (2) of the CrPC would stand defeated if the opinion of the presiding judge becomes just another factor that may be taken into consideration by the government while deciding the application for remission.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Conduct of Zomato and Swiggy, anti-competitive? DG to investigate

Competition Commission of India (CCI): The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) held that,