Case Briefs Archives

Chardham Highway Project| Environmental compliance not a mere “checkbox”; Committee headed by Justice AK Sikri to oversee implementation of HPC’s recommendations: SC

“Piecemeal implementation of some mitigation measures for protection of the environment, without any concrete strategy in place, cannot pass muster.”

Case Briefs High Courts

Doctrine of Substantive Representation: Can it be applied where all respondents were not present, but main contesting parties were represented? Ori HC discusses

Orissa High Court: The Division Bench of Dr S. Muralidhar, CJ and A.K. Mohapatra, J., partly allowed an appeal filed in a

Case Briefs Supreme Court

Notice must be given to the person holding the tainted property; Primary notice to convict not mandatory under Section 6 of SAFEMA: SC

Supreme Court: In a case where the bench of AM Khanwilkar* and Sanjiv Khanna, JJ was called upon to decide whether it

Case Briefs High Courts

Kar HC terminates 24 + week pregnancy of a rape surviving major who was a minor at the time of crime, on the opinion of Medical Board

Karnataka High Court: N S Sanjay Gowda, J., directed the Medical Practitioners to terminate the pregnancy in accordance with the provisions of

Case Briefs High Courts

Clarified | Difference between ‘FIR’ & ‘Zero FIR’: Woman alleged to have been kept as a hostage and repetitively raped, approached police station but PS GTB Enclave denied filing an FIR || Read Del HC’s decision

Delhi High Court: Subramonium Prasad, J., expressed that, “…it is unfortunate that institutions that are supposed to protect the life and liberty

Case Briefs Supreme Court

Explained| Can Karta alienate Joint Hindu family property without coparcener’s signature?

Supreme Court: In a suit where the Karta of a Joint Hindu Family, consisting of himself, his wife and his son, had

Case Briefs High Courts

Trial Court mentions wrong provision of Mahomedan Law while granting maintenance to wife: Judgment of trial court will be defective in eye of law? Bom HC answers

Bombay High Court: Shrikant D. Kulkarni, J., decides whether the trial court’s decision mentioning the wrong provision pertaining to maintenance to the

Case Briefs High Courts

Woman commits suicide due to alleged illicit relationship of husband; mother registers case but seeks to withdraw stating she had lodged report under ‘rage’ | Bom HC Demystifies

Bombay High Court: Division Bench of M.S. Sonal and Pushpa V. Ganediwala, JJ., quashed the charges of abetment of suicide and other offences

Case Briefs Supreme Court

Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC

Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ

Case Briefs High Courts

[Elgar Parishad Case] Bombay High Court grants default bail to activist Sudha Bhardwaj

Bombay High Court: The Division Bench of S.S. Shinde and N. J. Jamadar, JJ., granted bail to activist Sudha Bhardwaj after three

Case Briefs High Courts

For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides

Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording

Case Briefs High Courts

Kar HC | Excepted/excluded matters in arbitration agreement cannot be referred to resolution by way of arbitration

Karnataka High Court: SR Krishna Kumar, J., disposed of the petition and directed the petitioner-company to avail such remedies as available in

Case Briefs Tribunals/Commissions/Regulatory Bodies

Completion Certificate issued prior to commencement of The Real Estate (Regulation and Development) Act, 2016: Will buyer’s case be maintainable? Read on

Odisha Real Estate Regulatory Authority, Bhubaneswar: Siddhanta Das, Chairperson, Pradeep Kumar Biswal, Member – I and Ramanath Panda, Member – II held

Case Briefs High Courts

Kar HC | Anticipatory bail granted for carrying ‘ambergris’ also known as the “floating gold” prohibited under Wildlife Protection Act, 1972

Karnataka High Court: K. Natarajan J. allowed the criminal petition and directed the respondent IO to release the petitioner-accused 1 on bail.

Case Briefs Supreme Court

Explained| When does the intention to cause death becomes irrelevant to prove an offence under Section 300 “Thirdly” IPC?

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that once the prosecution establishes the existence of

Case Briefs High Courts

Stamp Duty correctly payable on instruments typical in Redevelopment Projects: Bom HC to decide

Bombay High Court: The Division Bench of G.S. Patel and Madhav J. Jamdar, JJ., considered petitions which raised questions about the interpretation

Case Briefs High Courts

MP HC | Not providing sufficient time to produce acquittal orders, violation of natural justice; Court allows petition quashing Externment order

Madhya Pradesh High Court: Subodh Abhyankar, J., allowed a writ petition which was filed against the order of externment wherein the respondent

Case Briefs High Courts

Ker HC | Husband harasses wife, portrays her as a psychiatric patient; HC slams Child Right Commission for directing psychiatric treatment of wife without any medical assessment

Kerala High Court: The Division Bench of K.Vinod Chandran and C.Jayachandran, JJ., slammed the Kerala State Commission for Child Rights for directing

Case Briefs Supreme Court

‘Bombay HC has “virtually” acquitted Chota Shakil aid of MCOCA charges at interim relief stage’; SC sets aside bail order; directs immediate surrender

Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man

Case Briefs Supreme Court

Parties can’t play fraud with the Court by suppressing details of related previous or ongoing legal proceedings: SC

Supreme Court: In a case where the party, in a subsequent petition seeking same relief, had not disclosed the filing of the