Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether the services provided by subsidiary company to its parent company in a foreign country could be treated as export of services? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed the appeals which were filed against the common Order-in-Appeal

Case Briefs Supreme Court

Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC

Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.

Case Briefs High Courts

J&K and Ladakh HC | “Anyone possessing knowledge of who is who can name the Minister holding portfolio of works”; HC quashes defamation complaint against Arnab Goswami and Aditya Raj Kaul

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., quashed a defamation complaint filed against the Editor-in-Chief of Republic TV, Arnab

Case Briefs High Courts

Tri HC | Anticipatory bail is an extra ordinary relief; Application rejected in mob lynching incident

Tripura High Court: S.G. Chattopadhyay, J., rejected a pre-arrest bail application which was filed apprehending arrest registered for offence punishable under sections

Case Briefs High Courts

Ker HC | “Protection shall be offered discreetly, by women Police Officers not in uniform”; HC directs Kerala to ensure effective protection of victims of sexual harassment

Kerala High Court: Devan Ramachandran, J., directed the State of Kerala along with the Commissioner of Police to take steps for effective

Case Briefs High Courts

Law on Custody | Husband alleged to have been cause of wife’s death who committed suicide. Will this be a consideration for granting custody to father of corpus? All HC elaborates

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., decided an issue with regard to the habeas corpus petition for custody of a

Case Briefs Supreme Court

Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court

“A testamentary court is not a court of suspicion but that of conscience.”

Case Briefs District Court

Law on Dishonour of Cheque | Loan given in cash, no documentary evidence available. Lender files a complaint under S. 138 NI Act: Read how ‘presumption’ under S. 118 (a) plays a role

Patiala House Courts, New Delhi: Prayank Nayak, MM-01 acquitted the accused of offence under Section 138 (dishonour of cheque) of the Negotiable

Case Briefs High Courts

MP HC | Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused

Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular

Case Briefs High Courts

Kar HC│ What is Yipee Magic Masala Noodles and Wai Wai Majedaar Masala Noodles copyright infringement battle all about? Read on

“Principles laid down for Courts to deal with injunction applications, in a pending suit, seeking relief against passing off” Karnataka High Court:

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Amount claimed as refund already debited in Returns, whether there would be entitlement for refund under Rule 5 of CCR, 2004? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P Dinesha (Judicial Member) allowed an appeal in which the Tribunal had to decide

Case Briefs Supreme Court

Getting date of birth changed at fag end of your career? STOP! First read the law laid down by the Supreme Court

Supreme Court: In a case where a Government employee had sought change of date of birth in service records from 04.01.1960 to

Case Briefs High Courts

Pat HC | Constable dismissed from service after video of him consuming alcohol went viral on internet; HC sets aside dismissal for lack of evidence

Patna High Court: Chakradhari Sharan Singh, J., set aside the order of dismissal of a constable who was removed from service in

Case Briefs Supreme Court

‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings

“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”

Case Briefs High Courts

Law on Termination of Pregnancy | If a pregnancy extends gestation period of 24 weeks, can Constitutional Courts direct termination of pregnancy? Telangana HC explains

Telangana High Court: Expressing that, A woman has the right to make choice to carry pregnancy, at the same time, it’s her

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Cremation of rights could not burn Justice on pyre | Lambasted UP Police for ‘shoddy investigation’, orders for further investigation

Central Bureau of Investigation, CBI, Ghaziabad- Shivank Singh, Special Judicial Magistrate (CBI), while rejecting the closure report of the CBI, accepted the

Case Briefs Supreme Court

Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?

Appointment on compassionate ground is a concession and not a right.

Case Briefs District Court

Law on Medical Negligence | When can a doctor be summoned for criminal charges relating to medical negligence? Patiala House Courts explains

Patiala House Courts, New Delhi: While addressing a case of medical negligence Prayank Nayak, MM-01, expressed that doctors can be summoned for

Case Briefs High Courts

Rakesh Asthana’s appointment as Commissioner of Delhi Police challenged | Read Why Del HC upheld Centre’s decision

Delhi High Court: While dismissing the challenge to Rakesh Asthana’s appointment as Commissioner of Delhi Police, Division Bench of D.N. Patel, CJ

Case Briefs Supreme Court

Municipal Council Delhi, whether owner or licensee of the land transferred by the Government? Supreme Court clarifies nature of the title

“…the letters dated 21-05-2008 and 08-07-2008 are interdepartmental communication and not any policy decision or circular meant for public. Thus, such interdepartmental communications are not the enforceable orders of the Union or of the Council.”