Case Briefs Archives | Page 516 of 913

MP HC | Do the revenue authorities have jurisdiction to decide the correctness and genuineness of a “Will”? Court explains

Madhya Pradesh High Court: G.S. Ahluwalia, J., disposed of a writ petition setting aside the orders passed by the Board of Revenue

Case Briefs Supreme Court

Does the presence of arbitration clause in a contract with State oust the jurisdiction under Article 226? Supreme Court answers

“The State and its instrumentalities are not exempt from the duty to act fairly merely because in their business dealings they have entered into the realm of contract.”

Case Briefs Supreme Court

Govt deprives owner of possession and enjoyment of land for 45 years. SC decides if State can oust land owner from possession prior to enactment of enabling Act

Supreme Court: The instant appeal was filed by the Conservator and Custodian of Forest challenging the judgment of Division Bench of Kerala

Case Briefs High Courts

Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Delhi High Court: Suresh Kumar Kait, J., while addressing a criminal revision petition concerning a matrimonial dispute expressed that: “..husband cannot wriggle

Case Briefs High Courts

Madras HC | Temple shall not be a place for perpetuating communal separation leading to discrimination

Madras High Court: The Division Bench of M.M. Sundresh and S. Ananthi, JJ., while addressing the matter expressed that: The classification among

Case Briefs Foreign Courts

SCOTUS | Claims of Artwork by the heirs of Jewish Art dealers rejected. Why? Read discussion on Whether a country’s alleged taking of property from its own nationals fall within exception of Foreign Sovereign Immunities Act

Supreme Court of the United States: Roberts, CJ., while addressing a matter with regard to artworks obtained by Nazis from Jewish art

Case Briefs International Courts

“Penalising Silence”, insider trading suspect can refuse to answer incriminating questions; European Court of Justice upholds right to silence

European Court of Justice: The Grand Chamber presided by K. Lenaerts, President, addressed the reference question concerning interpretation of Articles 47 and

Case Briefs International Courts

Norwegian Data Protection Authority issues fine on an organisation for unlawfully setting up automatic forwarding of an employee’s e-mails

The Norwegian Data Protection Authority has fined an organization EUR 40 000 (NOK 400,000) for unlawfully setting up automatic forwarding of an

Case Briefs High Courts

Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542

Calcutta High Court: Sabyasachi Bhattacharya, J., reiterated the decision of Supreme Court in Embassy Property Developments (P) Ltd. v. State of Karnataka,

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Civil medical professionals are unaware of the demands of duties in forces.” Tribunal holds demand for medical check-up by civil doctors unsustainable

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

Case Briefs District Court

#MeToo | MJ Akbar v. Priya Ramani: Woman has a right to put her grievance at any platform of her choice even after decades || No defamation case against Priya Ramani [Verdict]

“Sometimes the victim of sexual abuse herself does not understand what is happening to them or what is happening to them is wrong.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Insolvency process proceeded without ‘Demand Notice’ being served under S. 8 IBC due to change in ‘registered address’. Does Insolvency and Bankruptcy Code allow to proceed in such circumstances? Read on

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Venugopal M (Judicial Member) and Alok Srivastava (Technical Member) held that a

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Sympathy cannot substitute for conclusive evidence of medical negligence”: Can a doctor be liable for medical negligence even after performing his duty with reasonableness? Read

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the

Case Briefs High Courts

[Cruelty to Animals] Kar HC | Does ‘Animal Life’ fall within the meaning of ‘Right to Life’ under Art. 21 of Constitution of India? HC explains in light of instant facts

Karnataka High Court: S.P Sandesh J., allowed the appeal and set aside the impugned order. The facts of the case are such

Case Briefs High Courts

Ker HC | Does absence of date and place in affirmation part invalidate the contents of declaration? HC answers

Kerala High Court: Sunil Thomas, J., allowed the instant petition challenging the rejection order of Returning Officer, wherein nomination application of the

Case Briefs Supreme Court

Police Officers beat a man to death 20 years before offence under S. 324 IPC became non-compoundable. SC refuses to compound such “offence against humanity”

“When the protector of people and society himself instead of protecting the people adopts brutality and inhumanly beat the person who comes to the police station, it is a matter of great public concern.”

Case Briefs High Courts

Bom HC | Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases: FIR against late actor Sushant Singh’s Sister not to be quashed

Bombay High Court: The Division Bench of S.S. Shinde and M.S. Karnik, JJ., found prima facie case against Late actor Sushant Singh

Case Briefs High Courts

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque

Case Briefs Foreign Courts

Australian Court provides interpretation highlighting distinction between recognition and enforcement of arbitral awards vis-a-vis ICSID Convention

Federal Court of Australia: While deciding the instant appeal dealing with interpretational technicalities associated with international arbitration, the Court clarified the principles

Case Briefs High Courts

Pat HC | “State is not free to act according to its own standard.” HC held termination of contract by State without mandatory notice is illegal

Patna High Court: Anil Kumar Upadhyay, J., addressed the instant petition challenging the termination of the contract by State on the ground