Case Briefs Archives

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

City Civil & Sessions Judge, Bangalore: Krishnamurthy R. Padasalgi, LV Addl. City Civil & Sessions Judge upheld the order of the trial

Case Briefs High Courts

Cruelty by Wife | Wife made serious criminal allegations against husband and his parents but couldn’t prove: Would this amount to cruelty against husband to grant divorce? Del HC answers

Delhi High Court: While addressing a matrimonial matter wherein a wife caused cruelty to husband, Division Bench of Vipin Sanghi and Jasmeet

Case Briefs High Courts

Conviction can be based on Testimony of Child Witness: Is it obligatory for a Judge to ask the child whether he/she is able to understand questions put to her? Bom HC [Full Story]

Bombay High Court: Anuja Prabhudessai, J., opined that where the witness is of tender age (as in the instant case before the

Case Briefs High Courts

Cal HC | ”Jurisdiction of suspicion” regarding order of preventive detention, Court sets aside order, suggesting it to be construed strictly

Calcutta High Court: The Division Bench of Rabindranath Samanta and Soumen Sen, JJ., allowed a writ petition which was filed invoking the

Case Briefs High Courts

Ker HC | “No other person whether a passenger or owner of the vehicle was supposed to share seat of the driver”; HC exonerates insurer, Bajaj Allianz from liability to pay compensation

Kerala High Court: A. Badharudeen, J., exonerated the insurance company, Bajaj Allianz from liability to pay compensation in a motor accident case.

Case Briefs High Courts

Can accused be allowed to inspect documents kept in “malkhana”: Read what Del HC said while rejecting CBI’s plea in INX Media case

Delhi High Court: Mukta Gupta, J., expressed that, “…while passing an order of inspection of unrelied upon documents, the Court is bound

Case Briefs Supreme Court

[Military Services] “Much water has flown in the Ganges”; SC expresses dismay over appointments made from 1983 select panel after a lapse of 4-5 years

“No one has questioned their appointments…more than 34 years have rolled by and much water has flown in the Ganges and persons have later promoted to their promotional posts and few of them have retired.”

Case Briefs High Courts

Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains

Delhi High Court: Sanjeev Narula, J., allowed an arbitration petition by appointing a sole arbitrator to adjudicate the disputes between the contesting parties.

Case Briefs Supreme Court

Land Acquisition| Applying 2-year limitation period as per Section 11A of 1894 Act for passing award in pending cases under Section 24(1)(a) of the 2013 Act impractical: SC

Supreme Court: In an important ruling on Land Acquisition and Requisition law, the bench of AM Khanwilkar and Sanjiv Khanna*, JJ has

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member)reiterated that the presence of an

Case Briefs Foreign Courts

Subway Restaurant Robbery; Canada Court holds Appellate Court cannot not mechanically limit scope of re-trial to a particular theory of liability on a single charge

Supreme Court of Canada: The Bench comprising of Wagner C.J. and Moldaver, Côté, Brown, Rowe, Martin and Kasirer JJ., held that appellate

Case Briefs High Courts

Del HC | Normal wear & tear not a reason to end marital relationship: Can allegations of demand of dowry and alcohol consumption made by wife amount to ‘cruelty’? Read to know full story

Delhi High Court: Expressing that, allegations made by the wife with regard to the husband demanding dowry and indulging in alcohol consumption,

Case Briefs High Courts

Kar HC directs to make specific complaint to the Chief Commissioner, BBMP regarding statues or flag post causing inconvenience to the public or creating traffic hazard

Karnataka High Court: A Division Bench of Ritu Raj Awasthi CJ and Sachin Shankar Magadum, J disposed of the petition and directed

Case Briefs High Courts

Law on Offences Against Property | While committing the act of robbery, if revolver is brandished, would that be an offence under S. 397 IPC? Del HC elucidates

Delhi High Court: Subramonium Prasad, J., addressed a very pertinent question of whether brandishing a revolver during the act of robbery be

Case Briefs High Courts

Ori HC | Auction of milching cows with calves do not amount to cruelty under PC Act 1962 or Orissa Prevention of Cow Slaughter Act, 1960

Orissa High Court: A Division Bench of Jaswant Singh and S.K. Panigrahi, JJ., dismissed the petition being devoid of merits. The present

Case Briefs High Courts

Megh HC | Even bare consumption of electricity energy by a person who generates the same is permissible to be taxed; Court upholds constitutionality of the Act

Meghalaya High Court: The Division Bench of Ranjit More, CJ. and H.S.Thangkhiew, J., dismissed a petition which was filed challenging the constitutional

Case Briefs

We have our own doubt whether High Court can permit one of the bidder to modify its offer under Article 226: SC

“High Court has used the word writ petition is disposed of. Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition.”

Case Briefs High Courts

MP HC | Recovery of interest not justified as benefit of increment was faulty at the part of the department; Court partly allows appeal

Madhya Pradesh High Court: Subodh Abhyankar, J., partly allowed a petition which was filed aggrieved whereby respondent 3 had initiated the recovery

Case Briefs High Courts

Law on Arbitration | What is the remedy against an order allowing application under S. 8 of Arbitration Act, where existence of arbitration clause is not disputed? Del HC discusses

Delhi High Court: Amit Bansal, J., dismissed a petition challenging the order passed by the lower court whereby respondent’s application under Section

Case Briefs High Courts

P&H HC | Merely informing accused he has a right without specifying the same is not enough to meet requirements of S. 50(1) of NDPS Act

Punjab and Haryana High Court: B.S. Walia, J., held that merely informing that accused has rights under the NDPS Act, without specifying