Case Briefs Archives | Page 499 of 912

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Compensation for damage to environment has to be in light of cost of restoration: Issue of compensation to be revisited in case of illegal mechanical sand mining on river bed of Yamuna

National Green Tribunal (NGT): The Coram of Justice Adarsh Kumar Goel, Chairperson and Justice Sudhir Agarwal, Justice Brijesh Sethi, Judicial Members and

Case Briefs High Courts

Bom HC | Minor’s property fraudulently transferred. Can application for such declaration and order for recovery lie in Guardianship Petition? HC elucidates

Bombay High Court: S.C. Gupte, J., dismissed a guardianship petition on the ground of jurisdiction. A Guardianship petition was filed under Sections

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal

Case Briefs District Court

Kashi Vishwanath Temple-Gyanvapi Masjid Land Title Dispute Row; Varanasi Court allows ASI survey [Religious Character]

Varanasi Court, Uttar Pradesh: While the Allahabad High court is yet to decide the maintainability of the suit in the matter of

Case Briefs High Courts

Del HC | If a person is incapacitated and relative taking care of his medical expenses requires money from his bank account, is that permitted under law? Can Bank permit withdrawal of money? Read on

Delhi High Court: Prateek Jalan, J., reiterated the position of law laid down in the decision of Vandana Tyagi v. GNCTD, [WP

Case Briefs Supreme Court

The Rapid MetroRail controversy; High Court’s “consensual order” and Supreme Court’s order directing HSVP to deposit 80% of debt due in Escrow Account

Non-interference in the matter would have inevitably led to the disruption of rapid metro lines for Gurgaon leading to disastrous consequences for the general public.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Forest Guard mowed down by mining mafia in Sariska: Tribunal asks authorities to take further remedial measures to enforce law of land || State PCB to follow Polluter Pays Principle for illegal mining activities

National Green Tribunal (NGT): The Coram of Justice Adarsh Kumar Goel (Chairperson) and Justice Sudhir Agarwal, Justice Brijesh Sethi (Judicial Members) and

Case Briefs Supreme Court

Can’t treat unequals equally; No automatic vacation of stay under Section 254(2A) Proviso 3 of the Income Tax Act, 1961 if the assessee is not responsible for the delay: Supreme Court

Supreme Court: Dealing with an important question as to the constitutional validity of the third proviso to Section 254(2A) of the Income

Case Briefs High Courts

Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case

Delhi High Court: Yogesh Khanna, J., reiterated that there is no provision in the Criminal Procedure Code to amend a criminal complaint,

Case Briefs High Courts

[MV Act] Ori HC | Does compassionate appointment given to the widow allow deductions in compensation granted? HC decides

Orissa High Court: Biswanath Rath, J. dismissed both appeals being devoid of merits. The facts of the case are such that the

Case Briefs Supreme Court

Rohingya Refugees not to be deported unless the procedure prescribed for such deportation is followed: Supreme Court

“Right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India.”

Case Briefs High Courts

Kar HC | Whether State can tax consumption of electricity at the rate at which consumer had not purchased electricity? HC analyses in light of instant facts

Karnataka High Court: N. Sanjay Gowda, J., allowed the petition and quashed the demand note. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Reliance ménage in trouble; Irregular shareholding, default in trading regulations | Obtruded with a ₹ 25 crore penalty

Securities and Exchange Board of India (SEBI): K Saravanan, Adjudicating authority, imposed a penalty of Rs 2 crore on Reliance Industries Ltd.

Case Briefs Supreme Court

Explained: What happens to a petition filed under wrong nomenclature?

Supreme Court: The 3-judge bench of Ashok Bhushan, SA Nazeer and Hemant Gupta*, JJ has reiterated that the nomenclature under which the

Case Briefs High Courts

Del HC | If a proceeding is pending before Family Court, would this warrant the application under S. 12 Domestic Violence Act to be transferred to Family Court? Read on

Delhi High Court: Mukta Gupta, J., while addressing a matrimonial matter, highlighted the scope of the Protection of Women from Domestic Violence

Case Briefs High Courts

Del HC | Vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of mask therein would be compulsory

A mask is a `Suraksha kavach’ for preventing the spread of the corona virus.

Case Briefs High Courts

[Cruelty by Wife] Cal HC | Reckless allegations against husband corroborated by daughter. Affidavit of daughter how far can corroborate husband’s allegations? Court determines while confirming divorce decree against wife

Calcutta High Court: A Division Bench of Arindam Sinha and Suvra Ghosh, JJ. confirmed a decree of divorce passed in favour of

Case Briefs Supreme Court

Whether punishment justified where the authority imposing punishment and approving it, is the same person? Supreme Court clarifies

Supreme Court: The 3-Judge Bench comprising of Uday Umesh Lalit, Hemant Gupta* and S. Ravindra Bhat, JJ., addressed the instant appeal filed

Case Briefs High Courts

Bom HC | Is Navi Mumbai Municipal Corporation entitled in law to impose pre-qualification criteria “contractors whose contract was terminated for unsatisfactory services are ineligible to participate in tender”? Judicial Review, Blacklisting & more. Read on

“Government must have freedom of contract.”