Case Briefs Archives

Kar HC | No permission to be granted for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places

Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ. and Sachin Shankar Magadum J. allowed the petition and quashed the

Case Briefs Supreme Court

Flimsy plea, feeble excuse; Here’s why Supreme Court barred Bharti Airtel from seeking GST refund of Rs. 923 crores

“The common portal is only a facilitator to feed or retrieve such information and need not be the primary source for doing self-assessment.”

Case Briefs High Courts

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder

Case Briefs Supreme Court

State can’t use mere possibility of more money in the public coffers to forgo contractual obligations: Supreme Court

“Equity demands that when the State failed to produce an iota of evidence of either financial loss or any other public interest that has been affected, it should be compelled to fulfill its promises.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can refund claim be denied on the ground that freight had not been included in the assessable value? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal wherein the refund claim was denied in

Case Briefs High Courts

J&K and Ladakh HC | Dishonour of cheque; HC advices Criminal Courts to impose fine equivalent to amount of cheque plus at least 6% interest per annum

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the sentence of fine under Section 138 of N.I.Act must

Case Briefs High Courts

Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision

Delhi High Court: While addressing a matrimonial dispute, Division bench of Vipin Sanghi and Jasmeet Singh, JJ., held that, In cases where

Case Briefs

Maha AAR | Whether GST will be payable on amount collected as fees from ‘Members’ of a ‘Club’ as monthly contribution? Detailed Report

Maharashtra Authority for Advance Ruling: The Bench of Rajiv Magoo, Additional Commissioner of Central Tax (Member) and T.R. Ramnani, Joint Commissioner of

Case Briefs High Courts

Insisting to repair a car borrowed by a friend who met with an accident: Can this be intentionally aiding and abetting to suicide? Madras HC decides

Madras High Court: V Bharathidasan, J., held that, Mere harassment without any mens rea which lead to the suicide would not amount

Case Briefs Tribunals/Commissions/Regulatory Bodies

False assurance given to buyer for delivery of possession while keeping hard-earned money of buyer for 11 years: Commission directs builder to refund amount | Read full decision

Delhi State Consumer Disputes Redressal Commission (DSCDRC): On finding deficiency in providing services, Coram of Dr Justice Sangita Dhingra Sehgal (President) and

Case Briefs Supreme Court

Lessee learns of cancellation of tender from Newspaper Report. SC holds authority can’t circumvent the requirement of providing effective hearing

“Natural justice is the sworn enemy of intolerant authority”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether payment of service tax is right utilization of cenvat credit, and can the same tax be demanded again? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal which involved the issue as to whether

Case Briefs Supreme Court

Not open for Courts to usurp function of disciplinary authority; Can’t substitute one disciplinary punishment with other: SC

Supreme Court: The Division Bench of Ajay Rastogi* and Abhay S. Oka, JJ., set aside the judgment of the Delhi High

Case Briefs High Courts

Ker HC | No enquires required; HC lays down detailed guidelines for speedy disposal of petitions seeking judicial endorsement of extrajudicial divorce

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., issued detailed guidelines for Family Courts for speedy

Case Briefs High Courts

Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision

Bombay High Court: Noting in case after case, complaints from senior citizens that their own sons and daughters are harassing them, Division

Case Briefs High Courts

Property of dead person sold in auction: Is it bad in law? All HC elaborates

Allahabad High Court: Siddhartha Varma, J., while deciding a matter with regard to the auction of the property of a dead person

Case Briefs Supreme Court

Law abiding ex-employees cannot be put to disadvantage merely for vacating the quarters on notice; SC holds decision to grant quarters only to unauthorized occupants is illegal

“To allot the plots to those employees who were found to be in unauthorized occupation would tantamount to giving a premium to their illegality and remaining in occupation and possession of the quarters illegally and unauthorizedly.”

Case Briefs Foreign Courts

Man with autistic disorder expresses desire to engage in sexual relations: Does he understands requirement of ‘consent’ from another sexual partner? UK SC explains

To have capacity to decide to have sexual relations with another person, does a person need to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity?

Case Briefs Supreme Court

‘Irregularity in cognizance order does not vitiate trial’; SC finds no “failure of justice” in cognizance by Special Judge in Karnataka iron ore illegal mining case

“For vitiating the proceedings, something more than a mere lack of authority has to be established.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Punishment of “Severe Reprimand” after summary trial not a “service matter”; Tribunal has no jurisdiction to deal with such issues

Armed Forces Tribunal (Principal Bench): The Bench of Rajendra Menon, J., (Chairperson) and Lt Gen P.M. Hariz, Member (A) held that punishment