Case Briefs Archives | Page 505 of 910

Utt HC | Delay in providing information under RTI Act does not amount to penalty, if valid reasons for the delay are proved; Court sets aside the penalty

Uttaranchal High Court: Manoj Kumar Tiwari, J., partly allowed an appeal which was filed challenging an order passed by the State Information

Case Briefs High Courts

Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains

“Copyright Act gives a range of rights and privileges to the first owner of copyright without requiring prior registration.”

Case Briefs High Courts

Chh HC | Principles governing determination whether a transfer is a Benami transaction has been reiterated; Petition allowed

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On account of active and willful issuance of fake and bogus contract notes, stockbroker registration cancelled

Securities and Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member), while exercising powers conferred under Section 12(3) read with Section

Case Briefs High Courts

Kar HC | Benefit under Rule 27 LIC Pension Rules was rejected to a LIC Agent working as a field officer as no special qualification was required; Appeal dismissed

Karnataka High Court: A Division Bench of Sreenivas Harish Kumar and E. S. Indiresh JJ., dismissed the appeal being devoid of merits.

Case Briefs High Courts

Del HC | How to prove unsoundness of mind in absence of medical records? When does presumption of being under influence arise? On whom lies burden of proof? Court answers while rejecting challenge to a Will

Delhi High Court: Rajiv Sahai EndLaw, J., while addressing a very significant issue revolving around ‘Will’ expressed that: Litigation in a Court

Case Briefs Supreme Court

Section 195(1)(b)(i) CrPC doesn’t bar prosecution by Investigation Agency against persons producing false evidence at the stage of investigation: Supreme Court

“Just like a private party who has been a victim of forgery committed outside the precincts of the Court, the investigative agency should not be left remediless against persons producing false evidence for the purpose of interfering with the investigation process.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Whether amount deducted from the sale proceeds constitute trading receipts in the hands of the Assessee?

by Akshat Malpani†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Otherwise difficult to get for ‘real’, procured for ‘imaginary’ house: ‘Builder’, ‘bogus allottees’ and ‘sanctioners’ in trouble for loan | Issues summons

Special Court, CBI, Ghaziabad: The Court of Shivank Singh, Special Judicial Magistrate (CBI), issued summons against the builder for the alleged unapproved imaginary

Case Briefs High Courts

[Transgender in NCC] “We cannot take recourse to the outdated provisions of 1948 to deal with the realities of life in the year 2021”; Kerala HC directs NCC to consider enrolment of a trans woman in the female wing

Kerala High Court: In a historic judgment Anu Sivaraman, J., had broken the norm by allowing trans women to appear for enrolment

Case Briefs Supreme Court

Explained: Scope of judicial interference in election matters relating to delimitation of constituencies and allotment of seats, specifically in municipal elections

Supreme Court: The 3-judge bench of RF Nariman*, BR Gavai and Hrishikesh Roy, JJ reiterated the law relating to the bar to

Case Briefs High Courts

Cal HC | Judiciary – The policy-making instrument on issues relating to marriage conversion and acceptability in terms of personal laws? Read on

Calcutta High Court: The Division Bench of Thottathil B. Radhakrishnan, CJ and Arijit Banerjee, J., held that Judiciary is not the policy-making

Case Briefs High Courts

[Judicial Bias] HP HC | Merely because persons are related do not establish that the relationships were working or cordial; Crucial aspect is time period of knowledge

Himachal Pradesh High Court: Anoop Chitkara J., dismissed the petition finding no discrimination or likelihood of bias in the instant case at

Case Briefs High Courts

Ori HC | A quasi-judicial authority vested with the power for cancellation of a license, could not have acted under the ‘dictation’ of another authority

Orissa High Court: A Division Bench of S. Muralidhar and B. P. Routray, JJ., quashed the impugned suspension order and allowed the

Case Briefs Supreme Court

Appointment of Government official as Election Commissioner “a mockery of the constitutional mandate”; ECs must be independent: Supreme Court

“All State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”

Case Briefs High Courts

Ker HC | Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 challenged; HC restrains State from taking any coercive action for non-compliance of Part III of the impugned Rules

Kerala High Court: P.V. Asha, J., addressed the instant petition pertaining to controversial Information Technology (Intermediary Guidelines and Digital Media Ethics Code)

Case Briefs High Courts

Jhar HC | Will a person claiming to be 41 years 11 months and 30 days of age be qualified for a post which prescribes upper age limit of 42 years? HC explains

Jharkhand High Court: Sanjay Kumar Dwivedi, J., heard the instant petition whereby the petitioner had requested for quashing the order dated 05-12-2018

Case Briefs Supreme Court

Explained: Waiver| An intentional relinquishment of a right; an agreement not to assert a right: Supreme Court

“Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege.”

Case Briefs Supreme Court

‘Commercial wisdom of Committee of Creditors is not to be interfered with’; Supreme Court sheds light on the limited scope of interference by NLAT/NCLAT

“The limited judicial review, which is available, can in no circumstance trespass upon a business decision arrived at by the majority of CoC.”

Case Briefs High Courts

Del HC | Whether disability of an appointing authority to appoint an arbitrator frustrate the arbitration agreement. HC unravels in light of Arbitration and Conciliation (Amendment) Act, 2015

Delhi High Court: Vibhu Bakhru, J., while addressing the matter in respect to the invocation of an arbitration clause expressed that: “…the