Case Briefs Archives

Explained| Article 14: Under-inclusive and over-inclusive classification

Supreme Court: The bench of Dr. DY Chandrachud* and AS Bopanna, JJ while upholding the constitutionality of the Scheme formulated by the

Case Briefs High Courts

‘Hang by neck till dead’: Bom HC confirms death sentence in a rarest of rare cases for committing rape and murder of a 3-years 9-months old child

Bombay High Court: A Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ. confirmed the death sentence awarded by the

Case Briefs Supreme Court

Here’s why Supreme Court upheld Tamil Nadu’s loan waiver Scheme for small and marginal farmers

The percentage distribution of the indebted agricultural households depicted the poverty that envelops the class of small and marginal farmers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Power’ of conducting IPL is vitally distinct from ‘Object’ of BCCI: ITAT explains substantive law, allows BCCI to continue registration under S. 12-A of Income Tax Act to avail tax exemption benefits

Income Tax Appellate Tribunal (ITAT), Mumbai: A two-Member Bench of Pramod Kumar (Vice President) and Ravish Sood (Judicial Member) allowed the Board

Case Briefs Supreme Court

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”

Case Briefs High Courts

J&K and Ladakh HC | “No Court should tune out terrorist activities”; HC refuses to interfere with preventive detention of man involved in Pulwama conspiracy

Jammu & Kashmir and Ladakh High Court: While dismissing the petition seeking release from preventive detention to the detenu involved in Pulwama

Case Briefs Supreme Court

Explained| Does Chennai City Tenants Protection Act, 1921 protects tenants who have sub-let or given the building to third parties?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has reiterated the position that the tenants would not be

Case Briefs District Court

What is the consequence of complainant’s failure to explain the occasion for issuance of cheque in his favour? How does it affect S. 138 NI Act complaint? Del Court answers

South-West, Dwarka, Delhi: Mridul Gupta, Metropolitan Magistrate –09, on noting a very weak case of the complainant and not being able to

Case Briefs Tribunals/Commissions/Regulatory Bodies

TRP Scam: CCI orders closure of information filed against BARC alleging contravention of Competition Act

Competition Commission of India (CCI): Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) refused to examine

Case Briefs High Courts

MP HC | Does physical relationship with a minor wife come within the category of rape?

Madhya Pradesh High Court: G.S. Ahluwalia J., rejected a bail application under Section 439 of CrPC. The appellant was arrested on 31-01-2021

Case Briefs High Courts

[Child Marriage] P&H HC | Marriage with a minor is valid if no attempt is made to declare it invalid once the child turns major

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that marriage with minor is valid

Case Briefs High Courts

Utt HC | Judicial order necessarily has to be a reasoned one; Court finds reasoning by the Single Judge cryptic, remands the case back

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Narayan Singh Dhanik, J. decided on a petition which was

Case Briefs High Courts

Bom HC | Is it possible to frame a charge against accused for abetment of suicide and in the alternative for committing murder? Law on framing of charge explained

Bombay High Court: Sandeep K. Shinde, J., explained as to when a charge in the alternative can be framed against an accused

Case Briefs Supreme Court

Disinvesting of Hindustan Zinc Ltd.; SC smells irregularities in bidding process, directs full-fledged CBI enquiry in the matter

“There is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching the Court in public interest.”

Case Briefs District Court

Riotous incident took place, shop, as well as house, vandalized and looted, yet bail granted to accused persons: Why? Karkardooma Court’s opinion on not finding ‘sufficient evidence’

Karkardooma Courts, New Delhi: On finding no sufficient evidence, Virender Bhat, ASJ-03, granted bail to the accused persons who looted a medical

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Existence of Dispute prior to issuance of Demand Notice-NCLT and NCLAT in rhythm, rejects appeal

National Company Law Appellate Tribunal (NCLAT): The Coram of Ashok Bhushan, J (Chairperson), Jarat Kumar Jain, J (Judicial) and Dr Ashok Kumar

Case Briefs High Courts

Did Aryan Khan with other two accused hatch a conspiracy to commit offence under NDPS Act? Read Bom HC’s view in bail order with respect to WhatsApp Chats, unlawful intention, etc.

Bombay High Court: While laying down the detailed reasons of bail in the infamous Aryan Khan case, Nitin W. Sambre, J., held

Case Briefs High Courts

Ker HC | “Mere abusive, humiliating or defamative words by itself cannot attract an offence of obscenity under Section 294 (b) of IPC”; HC quashes proceedings against person who allegedly harassed the Police

Kerala High Court: Mohammed Nias C.P., J., quashed the proceedings against the petitioner for obstructing a police officer from performing his duty.

Case Briefs Supreme Court

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

Supreme Court: In a case where the inquiry under Section 5A of the Land Acquisition Act, 1894 was dispensed with despite there

Case Briefs District Court

How is compensation for termination of services to be assessed in absence of applicability of special statute? Court decides in a case of termination of Law Officer’s services

Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge – 03 decided a matter wherein an employee claimed full back wages