Case Briefs Archives

Ori HC considers whether any difference exists between a case where default is committed and prosecution immediately launched and where prosecution is deferred till cheque presented again gets dishonored for second or successive time?

Orissa High Court: R K Pattnaik, J. dismissed the petition and held that the ground on which the petition is raised is

Constitutional Validity of S. 29A of Consumer Protection Act | Whether absence of President of State Commission or District Forum for reasons beyond control is sufficient for striking down S. 29A as unconstitutional? Bom HC decides

Bombay High Court: Stating that, the Courts cannot examine the constitutional validity if a situation created by impugned legislation is irremediable, the

Case Briefs Supreme Court

Explained| Does ad hoc payment made pursuant to the interim order of the Court form part of wages?

Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that an ad hoc payment made to the workers

Case Briefs High Courts

Bom HC | Lawyer-client relationship is a fiduciary one; any act which is detrimental to legal rights of clients’ needs to be punished

Bombay High Court: Stating that it is the duty of every Advocate to uphold professional integrity so that citizens can legally secure

Case Briefs High Courts

Kar HC quotes “The Vajpayee led NDA–Government was toppled for want of one vote” and Benjamin Franklin while deciding a case of a returning candidate whose election was set aside

“…A right to elect, fundamental though it is to democracy, is, anomalously enough, neither a fundamental right nor a Common Law Right.

Case Briefs District Court

Man allegedly cheats woman by suppressing material fact of him being homosexual: Will Thane Court grant him bail? Read

Court of Additional Sessions Judge, Thane: Noting the fact that a man suppressed the material fact of his private life before marriage

Case Briefs High Courts

Whether a natural guardian having executed sale-deed of property of a minor in favour of a third party and thereafter repurchased part of it, can be prosecuted for offences under Ss. 420, 467, 468, 471 of IPC that too, after more than 35 years from date of attaining majority by minor? Bom HC discusses

Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of

Case Briefs High Courts

Whether dishonour of cheques could have only given a cause of action to register an FIR for an offence under S. 420 IPC? MP HC answers

Madhya Pradesh High Court: Atul Sreedharan, J. allowed a petition which was filed for quashing of Crime which was registered for an

Case Briefs Supreme Court

Lapse of a long period in deciding appeal cannot be a ground to award disproportionate and inadequate punishment: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that merely because a long period has lapsed by

Case Briefs High Courts

Raj HC reiterated “Right to Procreation survives during incarceration” and “is traceable and squarely falls within the ambit of Article 21 of our Constitution; Parole granted

Rajasthan High Court: The Division Bench of Farjand Ali and Sandeep Mehta, JJ. allowed the petition and granted parole after considering the

Case Briefs High Courts

Unworkable Marriage | Wife makes unfounded, indecent and defamatory allegations against husband to his senior officers, destroying his career & reputation: Mental Cruelty or not? P&H HC elaborates

Punjab and Haryana High Court: Expressing that, Matrimonial cases are matters of delicate human and emotional relationship, the Division Bench of Ritu

Case Briefs High Courts

Cal HC | CBI probe ordered in government teacher recruitment scam; false statements by advisor of the Commission to be interrogated

Calcutta High Court: Abhijit Gangopadhyay, J. took up a writ application which was filed praying for publishing fair and transparent merit list

Case Briefs Supreme Court

Can an establishment employing about 8000 workers be shut down for not obtaining Environmental Clearance, even when it acts in compliance with required pollution norms? SC answers

Supreme Court: The Division Bench comprising of Indira Banerjee*and J.K. Maheshwari, JJ., held that although to protect future generations and to ensure

Case Briefs Supreme Court

“Aspirations of any country cannot be fulfilled on the hope of foreign donation”; Read why SC upheld the amendments to the provisions of the Foreign Contribution (Regulation) Act, 2010

Supreme Court: In a major win for the Union of India, the 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,

Case Briefs High Courts

If an advertisement regarding scholarship was published in Urdu language, can it be presumed that it was targeted at students belonging to a particular community only? Del HC addresses

Delhi High Court: The Division Bench of Manmohan and Dinesh Kumar Sharma, JJ., expressed that just because the scholarship advertisement was published

Case Briefs High Courts

Under Muslim Personal law, can Family Court dissolve the marriage of a couple? Bom HC elaborates

Bombay High Court: The Division Bench of V.K. Jadhav and Sandipkumar C. More, JJ., addressed whether Family Court under Muslim Personal Law

Case Briefs Supreme Court

Explained| Why has the legislature left it open for the plaintiff to value his claim for the six categories of the suit falling under Section 7(iv) of the Court Fees Act, 1870?

Supreme Court: In case relating to court fees, the bench of Dinesh Maheshwari and Vikram Nath*, JJ had the occasion to explains

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Promotional activity for IPL not covered under ‘Business Auxillary Service’; Anil Kumble not liable to pay Service Tax

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Division Coram of P. Anjani Kumar (Technical Member) and P. Dinesha (Judicial Member)

Case Briefs High Courts

Bom HC | Competition Commission of India not to take any coercive actions against Asianet, Disney and Star India until 8th June

Bombay High Court: The Division Bench of G.S. Patel and Madhav J. Jamdar, JJ., directed the Competition Commission of India not to

Case Briefs Supreme Court

Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers

Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether