Case Briefs Archives

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

Case Briefs Supreme Court

NEET| “Behind abstract number of ‘15 lakh students’ lie human lives”; SC asks NTA to rectify injustice caused to a “one-off” PwBD student

“Education plays a key role in social and economic inclusion and effective participation in society. Inclusive education is indispensable for ensuring universal and non-discriminatory access to education.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Relents unrelentingly | Tribunal concerns and the concerns of the concerned counterbalanced- 4 weeks and 2000 crore, to lift attachment order while withdraws for some on exigencies and age

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Tarun Agarwala, J (Presiding Officer) and M.T. Joshi, J (Judicial Member), while withdrawing the attachment

Case Briefs High Courts

An advocate engaged by a client, can he also act as his power of attorney in the proceedings and verify pleadings? Del HC says no

Delhi High Court: Prathiba M. Singh, J., observed that an advocate who is engaged by a client has to play only one role,

Case Briefs High Courts

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., allowed an appeal which was filed in

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Exception granted for gifting shares in an acquisition| Proposed acquirer to file report within 21 days post-acquisition

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, while deciding an order, granted exemption to the Anived Family

Case Briefs High Courts

Bronchial Asthma very common in North India: Read detailed opinion of Del HC on dismissing Airman’s plea for transfer

Delhi High Court: Division Bench of Manmohan and Navin Chawla, JJ., dismissed a petition for transfer request on grounds of suffering from

Case Briefs District Court

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

Dwarka Courts, New Delhi: Medha Arya, MM (NI Act-03), resolved the dispute pertaining to Section 138 of Negotiable Instruments Act, 1881 in

Case Briefs High Courts

MP HC | Sub committee submits its report and recommendations regarding upgradation of Forensic Science Department; Court ratifies

Madhya Pradesh High Court: As per the order dated 02-09-2021 the Court had passed a detailed while raising an expectation from the

Case Briefs Supreme Court

Explained| Motor Accident Claims: Deceased not earning at the time of death – Can heirs claim future prospect/future rise in income?

“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”

Case Briefs District Court

Condonation of Delay | Litigants who indulge in frivolous litigation, clog arteries of justice delivery system: Read Court’s opinion on vexatious litigation

Saket Courts, New Delhi: Anuj Agrawal, Additional Sessions Judge-05, while addressing the present matter, expressed that, A litigant who takes liberty with

Case Briefs Supreme Court

Section 138 NI Act| Can’t defeat the complaint merely because it does not elaborate upon Managing Director’s authorisation: SC

Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing

Case Briefs High Courts

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Orissa High Court: S. K. Panigrahi, J. disposed of the petition and refused to terminate 24+ week pregnancy of a rape victim.

Case Briefs District Court

Court admits accused to bail for CBI’s failure to file charge sheet within 60 days; Discusses consequence of incomplete charge sheet vis-a-vis right under S. 167(2) CrPC

District Court Complex, Rouse Avenue: Anuradha Shukla Bhardwaj, Spl. Judge (PC Act) CBI-21 allowed applications filed under Section 167(2) CrPC and granted