Case Briefs Archives

Cal HC | “Circumventing invocation of Bank Guarantee justified in matters of irretrievable injustices and special equities”: Court rejects application

Calcutta High Court: Moushami Bhatacharya J., while rejecting vacating application of an order of injunction on Yes Bank held that “an unconditional

Case Briefs High Courts

Dishonour of Cheque | Is it mandatory for trial court to award interim compensation under S. 143-A NI Act on mere invocation thereof? Del HC decides whether S. 143-A is directory or mandatory?

Delhi High Court: Anu Malhotra, J., held that the provision of Section 143A of the NI Act, 1881 is directory in nature

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Suppression of facts in the nature of ‘undeclared goods’ and ‘misdeclared good’ resulting in confiscation made under S. 28 (4), held to be valid and proper

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Sulekha Beevi (Judicial Member), dismissed the appeal against the order of Commissioner of Customs

Case Briefs High Courts

Trafficked then thrown into prostitution; HC addresses plight of minor girl, directs District Judges to sensitize judicial officers about provisions of POCSO and JJ Act

Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was

Case Briefs High Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative

Case Briefs Supreme Court

Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee

Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the

Case Briefs High Courts

Madras HC takes suo motu cognizance of objectionable clip including Court proceedings doing rounds in social media, Directs registration of FIR

Madras High Court: The Division Bench of P.N. Prakash and R. Hemalatha, JJ., noted that a video clipping showing the online Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Rejection of refund on the ground of limitation not justified; Appeal allowed

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S., J. (Judicial Member) allowed an appeal wherein the refund was rejected

Case Briefs High Courts

What is the legal status in case of a Muslim man regarding payment of maintenance to ex-wife beyond iddat period if she remains un-remarried and unable to maintain herself? Kar HC analyses

Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the

Case Briefs High Courts

Megh HC | Constitution of the new School Managing Committee ordered; Petition held to be infructuous

Meghalaya High Court: W. Diengdoh, J. dismissed a petition which was to decide on the issue of revocation of the constitution of

Case Briefs Supreme Court

Explained| Can more than one consumer institute a complaint under Consumer Protection Act 2019? Why is the definition of “complainant” misleading?

Supreme Court: In a case where it was alleged that more than one consumer cannot institute a complaint unless they come within

Case Briefs High Courts

If two people have consensual sexual relationship but boy later refuses to marry, Will that attract offence of cheating under S. 417 IPC? Bom HC explains

Bombay High Court: Anuja Prabhudessai, J., examines whether on mere refusal to marry the offence of cheating be constituted under Section 417

Case Briefs High Courts

When can a High Court invoke its power in granting writ of habeas corpus in child custody matters? All HC lays down scope and ambit of Writ of Habeas Corpus

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while examining the scope of the writ of habeas corpus, expressed that, The power

Case Briefs District Court

Call records alone cannot be pressed into service for framing charges; Court discharges accused of Organized Crime Syndicate under MCOC Act holding CDRs not sufficient evidence

Patiala House Courts (New Delhi): While discharging the accused from alleged offences under Sections 3 and 4 of MCOC Act, Sh. Parveen

Case Briefs Supreme Court

SC looks to curb the menace of fake Compensation Claims under Motor Vehicles Act; impleads Ministry of Transport

Supreme Court: After it was brought to the Court’s notice that several fake claim petitions were being filed for getting compensation under

Case Briefs High Courts

Madras HC quashes “absurd” FIR filed over FB post which a normal person would have laughed off at; Says “Right to be Funny can be mined in Art. 19(1)(a)”

Madras High Court: While stating that, Jug Suraiya, Bachi Karkaria, E.P.Unny and G.Sampath … if any one of them, or for that

Case Briefs Supreme Court

“Contempt is between contemner and the Court”; SC cites R.N. Dey’s case to hold aggrieved party has no right to insist that court should exercise contempt jurisdiction

Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that once the fresh notification is issued by

Case Briefs High Courts

‘To sexually violate innocent child within filial relationship descends on different path of depravity’: Del HC convicts father, friend under S. 377 IPC; emphasises on ingredients of ‘carnal intercourse against the order of nature’

Delhi High Court: The Division Bench of Siddharth Mridul and Anup Jairam Bambhani, JJ., while addressing a very unfortunate incident, involving sexual

Case Briefs High Courts

Chh HC directed orders against moratorium/ban on the opening of the new Colleges and Institutions for imparting B. Pharma and D. Pharma courses in the entire Country for a period of five years

Chhattisgarh High Court: P. Sam Koshy allowed the interim application and stated that the final approval and permission is subject to the

Case Briefs High Courts

“Quranic injunctions command equal treatment of wives”; HC holds unequal treatment of wives is sufficient ground to grant divorce

Kerala High Court: The Division Bench of A.Muhamed Mustaque and Sophy Thomas set aside the findings of Family Court wherein it had