Case Briefs Archives | Page 504 of 911

MP HC | Law of preventive detention is an exception to fundamental right to personal liberty under Art. 21 of Constitution and therefore has to be strictly construed; Court allows petition challenging preventive detention

Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Anand Pathak, JJ., allowed a petition which was filed challenging the

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Widow of deceased renounces matrimonial house leaving mother-in-law in destitute; Mother and widow entitled to equal shares of family pension

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A heard

Case Briefs Supreme Court

Written intimation of hearing just before commencement of video conference hearing by Advisory Board leads to SC quashing detention of man in a gold smuggling case

Supreme Court: In the case where the State Advisory Board had heard a detenu on video conference, without any sufficient prior intimation

Case Briefs Supreme Court

No more asking sexual offence survivor to tie Rakhi or get married to the accused; Supreme Court calls for gender sensitisation of judges and lawyers [Read Directions]

“Judges play – at all levels – a vital role as teachers and thought leaders. It is their role to be impartial in words and action, at all times. If they falter, especially in gender related crimes, they imperil fairness and inflict great cruelty in the casual blindness to the despair of the survivors.”

Case Briefs High Courts

Bom HC | Can a daughter approach Family Court on behalf of her father to challenge validity of his marriage? OR only parties to marriage can challenge validity? Read in light of S. 7 of Family Courts Act

Bombay High Court: The Division Bench of R.D Dhanuka and V.G. Bisht, JJ., addressed a concern wherein a daughter filed a petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| 31 hearings, no regards to time, addendums, midway interruptions and yet no heed to initiation to liquidation; Adjudicating authority advised to be mindful

National Company Law Appellate Tribunal– A Coram of Bansi Lal Bhatt, J. (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical Member) ordered

Case Briefs Supreme Court

Whether a residential accommodation for nuns/students would fall under “religious or educational purposes” and be qualified for tax exemption? Supreme Court explains

Supreme Court: The Division Bench comprising of R. F. Nariman* and B.R. Gavai, JJ., addressed the instant case regarding statutory interpretation. The

Case Briefs Foreign Courts

UK SC | Should the infamous Ms Shamima Begum of ISIS be granted leave to enter the UK so that she can pursue her appeal against the Secretary of State’s decision to deprive her of British citizenship?

United Kingdom Supreme Court: Lord Reed, President, Lord Hodge, Lord Black, Lord Lloyd Jones and Lord Sales allowed the appeals and dismissed

Case Briefs High Courts

[Strict Liability] Ori HC | Onus of proof, which lies on a party alleging negligence should be established on the touchstone of preponderance of probabilities

Orissa High Court: D Dash J. dismissed the appeal and held the appellants liable for compensation. The facts of the case are

Case Briefs High Courts

Del HC | What is the most crucial element to be determined while finding a person guilty under attempted culpable homicide – S. 308 IPC? Vegetable seller beaten up on failing to provide money for conducting business outside Okhla Sabzi Mandi

Delhi High Court: Subramonium Prasad, J., while addressing an issue with respect to culpable homicide expressed that: “…crucial to determine whether the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether place of providing service play any role in entitlement of Cenvat Credit? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) allowed an appeal which was filed against the denial order

Case Briefs Supreme Court

Proceedings instituted under Consumer Protection Act, 1986 not to be transferred to fora created under 2019 Act with newly prescribed pecuniary limits: Supreme Court

“One can imagine the serious hardship that would be caused to the consumers, if cases which have been already instituted before the NCDRC were required to be transferred to the SCDRCs as a result of the alteration of pecuniary limits by the Act of 2019.”

Case Briefs Foreign Courts

Amsterdam Court | Uber required to provide access to the individual ratings of applicants subject to certain conditions

In the present case, the applicants who worked as ‘private hire drivers’ in UK has requested the Court to issue a provisionally

Case Briefs High Courts

Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed

Chhattisgarh High Court: Rajendra Chandra Singh Samant J., allowed the petition and quashed the impugned order. The facts of the case are

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a fund transfer is effected through net banking and due procedure is followed by the Bank for the transfer, Can the account holder allege deficiency of service and negligence on the Bank? Read on

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member) upheld the State Commission’s Order. Petitioner/Complainant who was an account holder of

Case Briefs Tribunals/Commissions/Regulatory Bodies

TDSAT | A dispute between two service providers may be maintainable even in absence of a subsisting agreement; Totality of facts to be considered

Telecom Disputes Settlement Appellate Tribunal (TDSAT): Justice Shiva Kirti Singh dismissed the petition being devoid of merits. Facts The facts of the

Case Briefs High Courts

Madras HC | Why Special DGP who has been alleged to have sexually harassed the Lady IPS Officer been placed under ‘Compulsory Wait’ instead of being suspended? Does compulsory wait attach any stigma to it?

Madras High Court: N. Anand Venkatesh, J., moving further in a matter wherein Court took suo motu cognizance with respect to the

Case Briefs High Courts

P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed the instant petition, whereby an inter-caste couple had approached the Court for

Case Briefs High Courts

Madras HC | Media and Political Parties restrained from indulging in any discussions on alleged sexual harassment of Lady IPS Officer – NO parallel ‘Media Trial’ || Restraint to continue

Madras High Court: N. Anand Venkatesh, J., while addressing the concern with respect to a very shocking incident wherein a Lady IPS

Case Briefs Supreme Court

UP Police Constables appointments| Shifting of candidates selected against posts meant for reserved categories, to open category as per Court directions hence valid: Supreme Court

“With the availability of 3295 additional posts, in the re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count.”