Case Briefs Archives | Page 502 of 911

“Did RICA do enough?”- South Africa’s top Court highlights inadequate privacy safeguards of RICA; declares it unconstitutional

Constitutional Court of South Africa: In a significant judgment delivered last month, the South African Apex Court, with a ratio of 8:2,

Case Briefs Supreme Court

Courts can’t be helpless bystanders when prisoner opposes transfer from one prison to another; Read why Supreme Court transferred Mukhtar Ansari’s custody to Uttar Pradesh

“A convict or an undertrial prisoner, who disobeys the law of the land, cannot oppose his transfer from one prison to another, be a convict or an undertrial prisoner, Courts are not to be a helpless bystander, when the rule of law is being challenged with impunity.”

Case Briefs Supreme Court

‘Electoral Bonds Scheme not behind iron curtains incapable of being pierced’; Read why Supreme Court refused to interfere with the Scheme

“All that is required is a little more effort to cull out such information from both sides (purchaser of bond and political party) and do some “match the following”.”

Case Briefs Foreign Courts

UK SC | Whether residential care workers who ‘sleep in’ are entitled to national minimum wage for time that is not spent actually performing some specific activity?

United Kingdom Supreme Court: The Bench of Lord Kerr, Lord Wilson, Lord Carnwath, Lady Arden and Lord Kitchin dismissed the appeals and

Case Briefs High Courts

Telangana HC | Are principles of res judicata applicable to bail applications? Can repeated filing of bail applications without change in circumstances be accepted? Read on

Telangana High Court: G. Sri Devi, J., while addressing a bail application filed in a case of ‘Honour Killing’ enumerated the factors

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Widow of a substitute servant cannot be denied rights of family pension and death-cum-retirement benefits accorded to temporary servants

Central Administrative Tribunal (CAT): Pradeep Kumar, Member (A) addressed the instant application wherein the widow of one Narayan Dutt, who was engaged

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | No ‘opt-out’ option for WhatsApp users in the 2021 Update. Why? Data Sharing with Facebook, Unilateral terms and more. Read CCI’s take on WhatsApp’s conduct in the garb of the policy update

Competition Commission of India (CCI): The coram comprising of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) while

Case Briefs Supreme Court

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

“NCLAT appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law, thereby forcing upon the appellant an Executive Chairman, who now is unable to support his own reinstatement. “

Case Briefs High Courts

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that to get a decree of divorce

Case Briefs Supreme Court

“Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases”; Supreme Court quashes FIR against Shillong Times Editor Patricia Mukhim

“Disapprobation of governmental inaction cannot be branded as an attempt to promote hatred between different communities.”

Case Briefs High Courts

[Eminent Domain] HP HC | Can a writ in the instant nature be allowed to direct Temple authorities to spend the amount collected through donations for construction of parking sites

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Chander Bhusan Barowalia, JJ. dismissed the petition being non-maintainable. The

Case Briefs High Courts

Kar HC | Immovable property which is compulsorily registrable under S. 49 of Indian Registration Act, 1908 may be taken as evidence for the purpose of collateral transaction

Karnataka High Court: Hemant Chandangoudar, J. allowed the petition and quashed the impugned order. The facts of the case are such that

Case Briefs High Courts

Madras HC | Wear masks; maintain social distancing norms at all political gatherings: HC to candidates and political parties in election-bound State of Tamil Nadu

Madras High Court: A Division Bench of Sanjib Banerjee, CJ. and Senthilkumar Ramamoorthy, J., requested all political parties and candidates, who hold

Case Briefs High Courts

Pat HC | To attract penalty for being a member of an unlawful association, the association must be one declared unlawful by a notification under UAP Act, 1967; HC declares seizure exercise illegal and arbitrary

Patna High Court: Birendra Kumar, J., heard the instant revision application challenging the validity of ex-post facto approval of search and seizure

Case Briefs Supreme Court

‘Not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces’; Army’s evaluation of Women SSC Officers for grant of permanent commission arbitrary: SC

“The structures of our society have been created by males and for males. As a result, certain structures that may seem to be the “norm” and may appear to be harmless, are a reflection of the insidious patriarchal system.”

Case Briefs Supreme Court

Can departmental proceedings be initiated for charges including vigilance angle without approval of CVC? SC examines validity of departmental actions

“Anyone can make mistakes. The consequences of mistakes should not be unduly harsh”

Case Briefs High Courts

Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son

Delhi High Court: Subramonium Prasad, J., partly allowed a revision petition filed by the husband and reduced the amount of interim maintenance

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT has the discretion to modify arrangements, but only when cogent; Otherwise deemed unwarranted

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice Jarat Kumar Jain (Judicial Member) and Kanthi Narahari (Technical Member) accepted an

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Failure to issue speaking order regarding condonation of 6 months deficiency for pensionary benefits; Tribunal imposes a cost of Rs 50,000 for non-compliance of its order

Armed Forces Tribunal (AFT): The Division Bench of Justice Devi Prasad Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) heard the

Case Briefs Supreme Court

Adjudicating authority under IBC may disapprove the resolution plan approved by the Committee of Creditors but cannot modify it: Supreme Court

Supreme Court: In an important ruling relating to the corporate insolvency resolution process concerning the corporate debtor, Jaypee Infratech Limited, the 3-judge