Case Briefs Archives

Tri HC | Special Investigation Team constituted to conduct fair investigation in case of mob lynch of ST member; Court issues directions

Tripura High Court: The Division Bench of Akil Kureshi, CJ and S.G. Chattopadyay, J., decided in a petition which was filed by

Case Briefs High Courts

Ori HC | Whether the Commissioner/Director, Consolidation can entertain the petition at any point of time, where no period of limitation has been prescribed for invoking jurisdiction under S. 37 of the OCH & PFL Act?

Orissa High Court: A Division Bench of S K Mishra and Savitri Ratho, JJ., answered both the questions posed before it elaborately.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability

Case Briefs Supreme Court

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”

Case Briefs High Courts

Ori HC | Whether Proviso to Sub-Section (5) of S. 43 of Real Estate (Regulation and Development) Act, 2016 is ultravires of Constitution of India? HC denies

Orissa High Court: A Division Bench of S.K. Mishra and Savitri Ratho, JJ., dismissed the petition being devoid of merits. The instant

Case Briefs High Courts

Law on Discharge of Accused: Read why Bom HC refused to discharge Income Tax Officer accused of demanding bribe

Bombay High Court: Sandeep K. Shinde, J., refused to discharge an Income Tax Officer from charges under the Prevention of Corruption Act.

Case Briefs Supreme Court

Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court

Framing of any scheme is no function of the Court and is the sole prerogative of the Government.

Case Briefs High Courts

P&H HC| Whether derogatory remarks made during private conversation would attract provisions of SC & ST Act? Can a stranger to dispute invoke provisions of the Act?

“No FIR under SC&ST Act (can) be registered at the instance of third party, unless an opinion is sought from the District Attorney (Legal) that the complainant falls within the definition of victim as per SC&ST Act.”

Case Briefs High Courts

Utt HC │Article 21 is very precious fundamental right and should be curtailed only when it becomes imperative; Court grants anticipatory bail

Uttaranchal High Court: Alok Kumar Verma, J., allowed an application for anticipatory bail which was filed in connection with FIR registered for

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT| When subjective satisfaction of dispensing with the inquiry is not supported by any independent material, dispensing with holding the inquiry would be illegal

“If a preliminary inquiry could be conducted, there may not be any reason as to why formal departmental inquiry could not have been initiated against the delinquent.”

Case Briefs High Courts

Tri HC │TPSC directed to act in accordance with the recommendation made by the State to fill up the post of TCS

Tripura High Court: Arinadm Lodh, J., decided in the matter wherein four of the petitioners were holding the post of Chief Inspector

Case Briefs High Courts

HP HC | An apology for criminal contempt of court must be offered at the earliest since the belated apology hardly shows the “contrition which is the essence of the purging of contempt”

Himachal Pradesh High Court: Tarlok Singh, J., discharged the contempt notice and accepted the unconditional apology. The present petition was filed suo

Case Briefs High Courts

[Public Trust Doctrine] Kar HC | State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources

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

Case Briefs Supreme Court

“Revenue record is not a document of title”; Mere mentioning of name in revenue records will not create any right, title or interest over forest land: SC

“It would be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries for notification Section 4 of the Forest Act…specific details are not required.”

Case Briefs High Courts

Jhar HC | “A woman employee cannot be discriminated on the basis of mode of appointment”; HC holds a contractual employee is equally entitled to maternity benefits

Jharkhand High Court: S. N. Pathak, J., directed the State of Jharkhand to provide maternity benefits to a contractual employee whose demand

Case Briefs District Court

Mere denial is useless, Presumption under S. 138 NI Act can be rebutted only by leading cogent evidence: Court holds accused guilty where “payment stopped by drawer”

Saket Courts, New Delhi: Swati Gupta, Metropolitan Magistrate reiterated what is expected of an accused to rebut the statutory presumption against him

Case Briefs District Court

Divorce by Mutual Consent: Family Court dissolves marriage where husband and wife had difference of opinions and incompatible temperament

Family Court Pune: M.R. Kale, J., granted a decree of divorce by mutual consent to a couple who due to difference of

Case Briefs High Courts

Our educational institutions are so weak that they would fear that students would get adversely affected if a restaurant having liquor license was in school’s vicinity: Is it true? Bom HC finds out

Bombay High Court: G.S. Kulkarni, J., while making certain significant observations stated that, An educational institute certainly contributes in creating ideal citizens.

Case Briefs High Courts

Presumption of infringement under S. 29(3), Trademarks Act: Madras HC grants permanent injunction in favour of Bharatmatrimony

Madras High Court: G. Jayachandran, J., decided a matter with regard to infringing the registered trademark BHARATMATRIMONY. Present suit was filed for

Case Briefs Supreme Court

Explained| Sections 138 and 141 of NI Act: Vicarious liability of directors of a company for dishonour of cheques

Supreme Court: Explaining the law relating to vicarious liability of the Directors of a company under Sections 138 and 141 of the