Case Briefs Archives

If the interpretation of a tender document is not accepted by Constitutional Court, can Court interfere with the interpretation? SC answers

Supreme Court: The Division Bench of Dinesh Maheshwari and Vikram Nath, JJ., while addressing a matter with regard to the tender document,

Case Briefs Supreme Court

Harassed, transferred, left with no choice but to resign: Read how this MP District Judge won half the battle in alleged sexual harassment case as SC orders her reinstatement

The resignation by the petitioner was on account of exasperation and frustration actuated by a thought, that injustice was being meted out to her by the very Institution of Judiciary.

Case Briefs High Courts

Wife subjected husband to humiliation by publicly calling him impotent and abusing him resulting in assault by husband: Husband will be convicted for murder or culpable homicide? Bom HC analyses

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., modified the conviction of a husband who

Case Briefs Supreme Court

5-year moratorium on new Pharmacy Colleges: Chh HC’s interim order directing PCI to consider application for affiliation stayed; Matter to be disposed of in 4 weeks: SC

Supreme Court: In a case related to PCI’s decision to impose 5-year moratorium on the opening of new Pharmacy Colleges for degree

Case Briefs High Courts

Raj HC | Money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity in approach; Court observes in a MV accident case demanding higher compensation

Rajasthan High Court: Birendra Kumar J. allowed the appeal and enhanced the award considering the settled guidelines in the subsequent judgments to

Case Briefs High Courts

4 years as undertrial, 2 witnesses examined out of 14, no probability of trial to be concluded in near future: Whether Del HC will grant bail to accused under S. 37(b)(ii) of NDPS Act? Read

Delhi High Court: Chandra Dhari Singh, J., granted bail to an accused on being satisfied with “reasonable grounds” as per Section 37

Case Briefs Supreme Court

Post Poll Violence| Anticipatory Bail to Mamta’s Banerjee’s Election Agent SK Supiyan in murder case; Must fully cooperate in the probe: SC

Supreme Court: In a breather to SK Supiyan, West Bengal Chief Minister Mamta Banerjee’s Election Agent in the Vidhan Sabha Elections held

Case Briefs High Courts

Law on Voluntarily Causing Grievous Hurt | In a land dispute, a person subjected to grievous injury with the use of ‘Khurpi’: Will he be punished under S. 326 or 325 Penal Code, 1860? Bom HC explains

Bombay High Court: The Division Bench of S.S. Shinde and N.R. Borkar, JJ., upheld the decision of the Trial Court in a

Case Briefs High Courts

Tri HC | Exclusion of married daughters from the die-in-harness scheme of the State Government discriminatory? Court discusses

Tripura High Court: The Division Bench of Indrajit Mahanty, CJ. and S.G. Chattopadhyay, J. decided over a bunch of petitions which had

Case Briefs High Courts

Kar HC | Bail rejected as the Court cannot decide whether it attracts the offence under Ss. 302 of IPC or 304 Part-II IPC at this stage

Karnataka High Court: H.P Sandesh, J. rejected bail as at this stage no offence can be attracted and the same is left

Case Briefs Supreme Court

“Debt arising out of advance payment for supply of goods or services is an operational debt”; SC allows operational creditor to initiate CIRP

Supreme Court: While dealing with a case involving two controversial terms; “operational debt” and “operational creditor” of IBC, the 3-judge Bench of

Case Briefs Supreme Court

Law passed by legislature is good law till it is declared unconstitutional by a Court: Supreme Court

Supreme Court: Stating that declaration by a Court that a statute is unconstitutional obliterates that statute entirely as though it had never

Case Briefs Supreme Court

POCSO Offenders Deserve No Leniency; “A Message Must Be Conveyed To The Society At Large”: SC

Supreme Court: In a case where a 65-year-old man committed aggravated penetrative sexual assault on his 4-year-old neighbor, the bench of MR

Case Briefs High Courts

Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition

Chhattisgarh High Court: Sam Koshy J. partly allowed the petition and partly disposed of the petition expressing no opinion on the termination

Case Briefs District Court

Law on Cheque Dishonour | Merely because cheques in question are security cheques, would that save accused from clutches of law under S. 138 NI Act, in case of admitting taking loan against cheques? Court answers

Rohini Court, North-West, Delhi: Ritika Kansal, MM(NI) reiterated the settled position of law that, “…an accused has to prove his defence by

Case Briefs High Courts

Cal HC | Disparagement or mere puffery? Court decides in matter of offending/misleading advertisements [Dabur India v. Baidyanath Ayurved]

Calcutta High Court: Shekhar B. Saraf, J. decided on a petition which was filed seeking remedy against impugned advertisements disparaging the goodwill

Case Briefs High Courts

Law on Custody | 9-year-old child prefers to stay with mother’s father and his family members and shows animosity towards father: Whether father will get custody of child or not? Bom HC decides

Bombay High Court: Addressing a matter wherein a child’s mother was diagnosed with cancer due to which she started living at her

Case Briefs High Courts

Couples have to make their choice at the threshold between career prospects and family life; HP HC observes in a case where a mother seeks job transfer to be with her daughter

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Satyen Vaidya, JJ. dismissed the petition being devoid merits. The

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Unless 7.5% of the penalty is deposited when the penalty is in dispute, the appeal cannot be entertained by the Tribunal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Sulekha Beevi, C.S. (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs Supreme Court

Whether relinquishment of right to promotion once made exists perpetually or is it for specific term? Supreme Court answers

Supreme Court: While addressing the question of law with regard to lifespan of relinquishment of claim for consideration for promotion in educational