Case Briefs Archives

Bullet Train Project: Even Republic of India can’t deviate from terms and conditions of a fully foreign funded contract; SC sets aside Delhi High Court verdict

Japan International Cooperation Agency (JICA) has invested Rs.1 lakh crores in the Bullet Train Project.

Whether a ‘blade’ would be covered under S. 397 IPC as a deadly weapon? Del HC explains in view of settled position of law

Delhi High Court: Mukta Gupta, J., explained under what circumstances would Section 397 of penal Code, 1860 would be attracted. By the

Case Briefs Supreme Court

Lok Adalat Award cannot be a basis for redetermination of the compensation under Section 28A of the LA Act: SC

Supreme Court: The bench of KM Joseph* and PS Narsimha, JJ was called upon to decide whether the Award passed by a

Case Briefs District Court

For a contract to be enforceable, restraint of trade clause must be reasonable: Post-termination non-compete clauses are permissible in employment contracts under S. 27 of Contract Act? District Court explains

Tis Hazari Court, Delhi: Holding that, post-termination non-compete clauses in employment contracts are “restraint of trade” and it is impermissible under Section

Case Briefs Supreme Court

Whether lotteries being res extra commercium takes away CCI’s Jurisdiction to entertain anti-competition activities relating to lotteries? SC decides

Supreme Court: While adjudicating the dispute with regard to jurisdiction of CCI to inquire into allegations of bid rigging, collusive bidding, and

Case Briefs Foreign Courts

Unsolicited marketing calls causing distress to people and disregard to their privacy rights: Would it lead to imposition of monetary penalty? Detailed decision of Information Commissioner’s Office

Information Commissioner’s Office,UK: Andy Curry, Head of Investigations, on noting serious contravention of regulations 21 and 24 of the Privacy and Electronic

Case Briefs High Courts

P&H HC | “Drug menace has become deep rooted and is taking its toll like a slow poison for the young generation”; HC expresses anguish over callously casual approach of officers

Punjab and Haryana High Court: In a case exposing callous attitude of authorities while dealing with drug menace in the State of

Case Briefs Supreme Court

Not mandatory to register partition document only detailing how the properties are to be dealt with in future: SC

Supreme Court: The bench of L. Nageswara Rao, BR Gavai and BV Nagarathna*, JJ has held that a document of partition which

Case Briefs High Courts

Chh HC | Limited jurisdiction has been given to the High Court confined to the substantial question of law only

Chhattisgarh High Court: Anoop Kumar Dhand J. dismissed the appeal as it does not fulfill the requirement mandated under Section 30 of

Case Briefs High Courts

Whether proceedings under Ss. 138 and 141 of NI Act can be initiated against corporate debtor during moratorium period? Madras HC answers

Madras High Court: N. Sathish Kumar, J., while addressing a matter with regard to the dishonour of cheques under Section 138 of

Case Briefs Supreme Court

Can a Hindu male execute a Will giving a limited estate to a wife if all other aspects including maintenance are taken care of? SC interprets Section 14 of Hindu Succession Act

Supreme Court: In a half a century old case relating to a Will, the bench of Sanjay Kishan Kaul* and MM Sundresh,

Case Briefs Foreign Courts

SL CoA | No right of appeal lies against the interlocutory order; Court directs the Court of committal to give priority to Extradition matter

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Menaka Wijesundera and Neil Iddawala, JJ. looked

Case Briefs Supreme Court

Can Court compel a parent to go abroad with child in a habeas corpus case? Supreme Court answers

Supreme Court: In a habeas corpus case the Division Bench Ajay Rastogi and Abhay S. Oka*, JJ., held that in a case

Case Briefs High Courts

Disqualification of Sarpanch in suspicion of benefitting her close relations by allotting work under Panchayat’s order, without establishment of direct or indirect involvement as per S. 14(1)(g) of Maharashtra Village Panchayats Act: Is it correct? Bom HC analyses

Bombay High Court: Quoting a phrase from a story of a Roman Ruler Julius Caesar that, “Caesar’s wife should be above suspicion”,

Case Briefs Tribunals/Commissions/Regulatory Bodies

EPC Construction Resolution: NCLAT allows distribution of Rs 223 crores from available cash balance among creditors and lenders

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Ashok Bhushan (Chairperson) and Dr. Alok Srivastava (Technical Member) allowed distribution of

Case Briefs Tribunals/Commissions/Regulatory Bodies

Operational Creditor is under obligation to recover money from its client and not agent: NCLT decides while dismissing a petition filed under S. 9 IBC

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

Case Briefs High Courts

Instead of filing an appeal before the Sessions Court petitioner rushed to this Court invoking its inherent power. Can High Court exercise its inherent power? Read J&K and Ladakh HC’s decision

Jammu and Kashmir and Ladakh High Court: Mohd. Akram Chowdhury, J., reiterated the settled position of law that if an alternate efficacious

Case Briefs High Courts

Bom HC | Appellate court can reverse the finding and sentence of the trial court ordering re-trial

Bombay High Court: The Division Bench of S.S. Shinde and Milind N. Jadhav, JJ. allowed an appeal against conviction of the Appellant

Case Briefs High Courts

Ker HC | Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? HC answers

Kerala High Court: In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | State commission disallows benefit of increase in the tariff based on the change in law provision; Tribunal directs reconsideration

Appellate Tribunal for Electricity (APTEL): A Coram of R.K. Gauba (Officiating Chairperson) and Sandesh Kumar Sharma (Technical Member) decided on an appeal