Case Briefs Archives

Tel HC | [Default Bail] A complaint/charge sheet filed without complete investigation cannot be used to circumvent the right of statutory bail under S. 167(2) CrPC

Telangana High Court: K Lakshman, J. upheld the petitioner’s appeal against the application of the Directorate of Enforcement (ED) seeking to extend

Case Briefs High Courts

J&K and Ladakh HC | Consent of two adults entering into wedlock, ought to have pious primacy over consent of family, clan or community

Jammu and Kashmir and Ladakh High Court: Apprehension of harassment and violence at the hands of their relatives, led a young couple

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can default in payment of instalments under the settlement agreement be defined as an operational debt? NCLT decides

National Company Law Tribunal, New Delhi: The bench of Abni Rajan Kumar Sinha, Judicial Member and Hemant Kumar Sarangi, Technical Member has

Case Briefs High Courts

Guj HC | Applicant worthy of obtaining Arms license for self protection under S. 14 of Arms Act, 1959; No reason of refusal, appeal allowed

Gujarat High Court: A.S. Supehia, J. allowed a petition which was filed by the petitioner challenging the orders passed by the District

Case Briefs High Courts

Mad HC decides on includability of royalty / guarantee commission in business profit for the purpose of calculation of deduction under S 80 HHC of IT Act

Madras High Court: A Division Bench of R Mahadevan and Sathya Narayan Prasad, JJ. dismissed the tax appeal holding that guarantee commission

Case Briefs Supreme Court

Can insurer rely on statutory interpretation of “acts of terrorism” to repudiate insurance claim where the policy itself defines the term? Supreme Court decides

Supreme Court: In an insurance repudiation case the Division Bench of Ajay Rastogi and Abhay S. Oka*, JJ., held that where the insurance policy expressly

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can post-dated cheque issued for repayment of principal amount be taken as unqualified admission of debt? NCLT Allahabad decides

National Company Law Tribunal, Allahabad (NCLT): The bench of Rajasekhar V.K., Judicial Member and Virendra Kumar Gupta, Technical Member decided that for

Case Briefs High Courts

Ker HC| Professionalism & competence not a fiefdom of elite institutions; HC declares NTPC’s notification mandating appearance in CLAT PG-2021 for Law Officer appointment is violative of Article 16

Kerala High Court: In a significant relief to non-NLU law graduates seeking job opportunities in PSUs, V.G. Arun, J., declared that NTPC’s

Case Briefs High Courts

[Honour Killing] Raj HC | Exercising judicial discretion as well as invoking the sense for exercising judicial discretion lies with the Court; Rejects bail

Rajasthan High Court: Farjand Ali, J. dismissed the bail application of petitioner being accused of honour killing and observed that the investigating

Case Briefs High Courts

Megh HC │ Punishment for rape reduced considering confession and remorseful statement

Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ. and W. Diengdoh, J. disposed of an appeal assailing the judgment of

Case Briefs High Courts

Whether mere non-appearance on dates fixed by court sufficient to amount to a ‘reason to believe’ that a person has absconded? Raj HC answers in light of issuing warrant

Rajasthan High Court: Dinesh Mehta, J. allowed the petition and remarked that expeditious disposal of cases is necessary but equally necessary is

Case Briefs Supreme Court

Income, age not enough to tilt the balance in favour of maternal aunt; Grandparents win custody battle of 5-year-old who lost parents to COVID-19: SC

“One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson.”

Case Briefs Foreign Courts

Should courts categorically examine all possible ameliorative measures, before denying a Hague Convention petition for return of a child to a foreign country? SCOTUS answers

Supreme Court of the United States: While deciding the instant matter related to the international custody of a child which further involved

Case Briefs High Courts

All HC │ Petition against unaided minority private institution not to be entertained; Appeal dismissed, approach of La Martiniere College’s Principal condemned

Allahabad High Court: The Division Bench of Rajesh Singh Chauhan and Subhash Vidyarthi, JJ., dismissed a Special Appeal which assailed the dismissal

Case Briefs High Courts

Is an Employee entitled to disability compensation under Employees’ Compensation Act in absence appointment letter, identity card, attendance card, etc. ? Delhi HC decides

Delhi High Court: Manoj Kumar Ohri J. dismissed the petition as the employer-employee relationship was established by a witness before the court

Case Briefs High Courts

Del HC directs Registrar of Domain names having offices outside India to ensure non escape of injunction orders passed by Indian Courts

Delhi High Court: Pratibha M Singh, J. issued directions to the registrar of domain names whose offices are situated outside India and

Case Briefs Supreme Court

Long co-habiting couple’s child cannot be disentitled from family property in absence of proof against presumption of marriage: Supreme Court

“Law leans in favour of legitimacy and frowns upon the bastardy.”

Case Briefs High Courts

MP HC │ Not obligatory for the Court to entertain writ petition when efficacious alternative remedy is available

Madhya Pradesh High Court: The Division Bench of Sujoy Paul and Prakash Chandra Gupta, JJ., disposed of a petition reserving liberty to

Case Briefs Foreign Courts

Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society

Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously

Case Briefs Supreme Court

Psychiatric & Psychological Evaluation of death row convicts| Supreme Court mandates call for mental health report before pronouncing death sentence

“Implicit in this shift is the understanding that the criminal is not a product of only their own decisions, but also a product of the state and society’s failing, which is what entitles the accused to a chance of reformation.”