Case Briefs Archives

MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC

Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make

Case Briefs High Courts

[POSH] Chh HC | Whether obscene language used by A against B would amount to sexual harassment within workplace if working institution is different but appointed by the same employer i.e. Government of Chhattisgarh?

Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and remarked “any victim of sexual harassment at workplace should not run

Case Briefs Supreme Court

Surveillance versus right to privacy| Five unmissable quotes from the Pegasus Order

“If you want to keep a secret, you must also hide it from yourself.” George Orwell, 1984 Supreme Court: The 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has appointed an Expert

Case Briefs High Courts

Trade Mark | “Mark is to be taken as a whole”: Bom HC reminds PhonePe while conditionally allowing withdrawal application

Bombay High Court: G.S. Patel, J., granted ‘conditional’ liberty to Phonepe (P) Ltd. to withdraw its suit and an interim application filed

Case Briefs High Courts

Chh HC | Agreement to withdraw criminal complaint after receiving payment for the same cannot be regarded as any lawful term and is void

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such

Case Briefs Supreme Court

Pegasus| ‘National security cannot be the bugbear that the judiciary shies away from’. Here’s why the initially reluctant Supreme Court finally decided to interfere

“The free flow of information from the Petitioners and the State, in a writ proceeding before the Court, is an important step towards Governmental transparency and openness, which are celebrated values under our Constitution.”

Case Briefs Supreme Court

Vicarious liability in a contempt case? Contempt jurisdiction knows no such concept: Supreme Court

“Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge.”

Case Briefs Supreme Court

The what, the why, the who and the how: All you need to know about SC’s independent probe order in Pegasus case

“… it was an extremely uphill task to find and select experts who are free from prejudices, are independent and competent.”

Case Briefs High Courts

Utt HC | Does engagement of elder brother creates any impediment in considering the claim for appointment on compassionate grounds? Court answers

Uttaranchal High Court: Sharad Kumar Sharma, J., allowed a writ petition which was filed praying for quashing of order passed by respondent

Case Briefs High Courts

Kar HC | Interplay between IBC and Companies Act regarding winding up petitions; Court decides in matter of transfer of company petition to NCLT

Karnataka High Court: S. Sunil Dutt Yadav, J., decided in the matter of a petition which was filed praying to transfer a

Case Briefs Supreme Court

Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?

The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.

Case Briefs High Courts

POSH Act | Jurisdiction of Internal Complaints Committee and Local Committee: Detailed account of Delhi HC decision revolving around case of aggrieved women herself terminated from services

Delhi High Court: Noting allegations against an employer with regard to the sexual harassment Sanjeev Sachdeva, J., expressed that, “…instead of providing

Case Briefs High Courts

Raj HC | State not to come in the way of performance of statutory obligation by the schools provided under the RTE Act, 2009

Rajasthan High Court: A Division bench of Manindra Mohan Shrivastava and Farjand Ali granted interim relief against State’s directions to prohibit admission

Case Briefs High Courts

Law on Grant of Bail | Father-in-Law accused of raping own Daughter-in-Law: Read whether Del HC grants bail or not

Delhi High Court: In a case wherein a father-in-law was accused of raping his own daughter-in-law, Subramonium Prasad, J., expressed that, Rape

Case Briefs High Courts

Sikk HC | Exercise of Writ Jurisdiction by the High Court when an efficacious, alternative remedy is available: a self imposed limitation

Sikkim High Court: Meenakshi Madan Rai, J., decided on a petition wherein the petitioner body established under the Sikkim Municipalities Act, 2007,

Case Briefs High Courts

Law on Duty of Appellate Court | Reasons, an essential feature of a judgment? Is there a link covered under reasons in Judgment? Read on

Delhi High Court: While stating the well-settled law that even when an appellate Court affirms the order of the Court below, it

Case Briefs High Courts

[Doctrine of parens patriae] Ori HC | “Court is duty bound to take care of the animal rights”; Prayer sought for interim release of the vehicle involved in offences under the PCA Act

Orissa High Court: B. P. Routray J. set aside the orders of the revisional courts and allowed the applications. The facts of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | If two reasonable constructions of a taxing provision are possible, that construction which favours the assessee must be adopted; Appeal allowed

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Dinesha (Judicial Member) allowed an appeal which was filed with the point of

Case Briefs High Courts

Ker HC | One-year mandatory internship for foreign medical graduate; HC holds residential internship in India is not mandatory if already done abroad

Kerala High Court: P.B.Suresh Kumar, J., held that the requirement for Medical students who had studied abroad to undergo CRRI for obtaining

Case Briefs High Courts

Law on Testamentary Proceedings | Prior to proving a Will, its execution is to be proved first by an attesting witness? Del HC explains

Delhi High Court: Asha Menon, J., explained the concept of proving a Will by an attesting witness. The chamber appeal was preferred