Case Briefs Archives

Promotion cannot be granted retrospectively to give benefit and seniority from the date of notional vacancy: SC

Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has observed that a right to promotion and subsequent benefits

Case Briefs Tribunals/Commissions/Regulatory Bodies

7 entities indulged in anti-competitive agreement for supply of signages for branches/offices/ATMs of SBI: E-mails exchanged between parties formed basis for manipulation of bidding process | Detailed decision of CCI

Competition Commission of India (CCI): Noting that in respect of cases concerning cartels that are hidden or secret, there is little or

Case Briefs High Courts

Compensation payable under Ss. 73, 74 and 75 are only for loss or damage caused by breach or inclusive of mere act of breach as well? Ker HC explains

Kerala High Court: The Division Bench of P.B. Suresh Kumar and C.S. Sudha, JJ., expressed that, “…compensation payable under Sections 73, 74

Case Briefs High Courts

Megh HC | Court affirms trial court’s conviction on the basis of victim’s testimony in POCSO matter

Meghalaya High Court: The Division Bench of Sanjib Banerjee and W. Diengdoh, JJ., while hearing an appeal which challenged the judgment of

Case Briefs High Courts

Raj HC | “Citizen approaching Court in a public interest jurisdiction holds greater duty to make full research” PIL dismissed due to lack of necessary evidence presented

Rajasthan High Court: A Division Bench of Akil Kureshi, CJ and Rekha Borana, J. dismissed the petition and kept it open for

Case Briefs High Courts

P&H HC | Use of phrase “carnal intercourse” considered as a conscious act of the legislature reflecting the clear intent to engraft an offence under S. 377 IPC, conviction upheld

Punjab and Haryana High Court: Vinod S. Bhardwaj, J. contemplated the revision petition filed by the accused/ children in conflict with the

Case Briefs Supreme Court

“A bus by bus, a mini-bus by mini-bus and not bus by a mini-bus” isn’t a correct way to interpret the expression “same nature”: Supreme Court

Supreme Court: The Division Bench comprising of K.M. Joseph and Pamidighantam Sri Narasimha*, JJ., held that Rule 174(2)(c) of the Kerala Motor

Case Briefs High Courts

To operate in State of Maharashtra, Uber and other unlicensed aggregators to apply for license before 16th March 2022: Bom HC

Bombay High Court: The Division Bench of Dipankar Datta, CJ and Vinay Joshi, J., directed UBER and other transport aggregators who have

Case Briefs High Courts

If an advertisement for petition filed under S. 433 of Companies Act, 1956 is not published, will entire matter be transferred to NCLT? Meghalaya HC explains

Meghalaya High Court: Sanjib Banerjee, CJ, addressed a petition wherein a creditor’s winding-up petition was instituted under Section 433 of the Companies

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can SEBI proceed against a Chartered Accountant for lack of his due diligence? SAT analyses

Securities Appellate Tribunal, Mumbai: The Coram of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) while addressing a matter

Case Briefs District Court

Non-Disclosure of fact that a petition under S. 213 Companies Act is pending before NCLT, would amount to concealment of facts? Dwarka Courts answers

Dwarka Courts, New Delhi: Noting the complaint to be a complete abuse of process of law or in a manner sort of

Case Briefs Foreign Courts

Does Section 1806(f) of Foreign Intelligence Surveillance Act override the state secrets privilege? SCOTUS explains

Supreme Court of the United States: Alito, J., while explaining whether Section 1806(f) of FISA would apply to a case when dealt

Case Briefs High Courts

P&H HC | Application for rescission of contract ‘mandatory’ to avail the relief, as S. 28, Specific Relief Act, 1963 doesn’t confer indefeasible right

Punjab and Haryana High Court: Sudhir Mittal, J. dismissed the revision petition filed by the petitioners (in this case the judgment-debtors) against

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Notice issued against a dead person is null and void and all consequent proceedings/orders being equally tainted are liable to be set aside

Income Tax Appellate Tribunal (ITAT), New Delhi: The Coram of Amit Shukla (Judicial Member) and Pradip Kumar Kedia (Accountant Member) allowed an

Case Briefs Supreme Court

‘IBC’s object is not to kill the company’; Builder’s Insolvency Proceedings closed as 82 out of 128 home buyers choose possession over refund/compensation: SC

“If the original applicants and the majority of the home buyers are not permitted to close the CIRP proceedings, it would have a drastic consequence on the home buyers of real estate project.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Star India providing bouquet of channels at lesser prices resulting significant loss in consumer base of Asianet Digital Network: Star India abusing dominance of its position? CCI answers

Competition Commission of India (CCI): The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members), noted allegations