Case Briefs Archives

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.”

Case Briefs High Courts

Utt HC | Bail granted in Narcotic Drugs and Psychotropic Substances Act, 1985 case; Court differentiates possession of small quantity from commercial quantity

Uttaranchal High Court: Alok Kumar Verma, J., allowed a bail application which was filed for grant of regular bail for the offence

Case Briefs High Courts

Guj HC | Man’s conviction set aside in charges for raping minor wife; Non-interference by Court would reduce the lady and two children without shelter

Gujarat High Court: Paresh Upadhyay, J., allowed an appeal which was filed against the judgment and order passed by the Special Judge

Case Briefs High Courts

Ker HC | Militant Trade Unionism, Gawking wages; HC emphasises over need for proactive approach by the government and stringent actions against the wrongdoers

Kerala High Court: Commenting on the history of militant trade unionism in the State of Kerala Devan Ramachandran, J. called it an

Case Briefs High Courts

Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he

Case Briefs Tribunals/Commissions/Regulatory Bodies

Competition Watchdog | Know why CCI imposed penalties on beer companies: Nation-wide Cartel? Read Full Report

Competition Commission of India (CCI): Noting a nationwide cartel amongst certain Beer companies, Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma,

Case Briefs District Court

Law on S. 138 NI Act | Cheque dishonored, case filed under S. 138 NI Act: Can borrower raise defense that lender had no financial capacity to lend money? Complete report on ruling by Tis-Hazari Courts

Tis Hazari Courts, New Delhi: Devanshu Sajlan, MM NI Act-05, while noting the ingredients of Section 138 of the Negotiable Instruments Act,

Case Briefs Supreme Court

Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court

Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing

Case Briefs District Court

Husband and Wife separated for more than 1 year. Will 6 months period be waived, if divorce is sought mutually under S. 28 of Special Marriage Act? Pune Family Court decides

Family Court No. 3, Pune: M.R. Kale, J., addressed a petition for divorce by mutual consent under Section 28 of the Special

Case Briefs

Jawaharlal Nehru Urban Housing and Slum Development Scam; Supreme Court refuses to stay proceedings, upholds High Court’s order

“…the absence of reasons struck at the legitimacy of the impugned judgment. It caused prejudice no doubt, to the extent that the appellants were unable to furnish grounds on which their special leave petitions were based.”

Case Briefs High Courts

J&K and Ladakh HC | Teenager dies due to electrocution; HC grants 3 lakhs compensation holding State strictly liable for negligence in maintaining transmission lines

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., applied the principle of strict liability to grant compensation to the petitioners

Case Briefs High Courts

Tri HC | Whether mere act of a bandh call and blocking of a highway would constitute the offence punishable under S. 8-B of the National Highways Act, without any element of mischief? Court analyzes

Tripura High Court: Akil Kureshi, CJ., decided on a matter wherein the petitioners had prayed for quashing and setting aside various first

Case Briefs Supreme Court

Law on Specific Performance | For purpose of passing a decree of specific performance, what is essential? SC explains

Supreme Court: Stating that readiness and willingness are necessary for the purpose of passing a decree of specific performance, Division Bench of

Case Briefs District Court

Accused has to rebut presumption under NI Act, once signature on cheque is admitted? Delhi Saket Courts examines

South-East District, Saket Courts, New Delhi: Bhanu Pratap Singh, MM (N.I. Act) found the accused guilty of an offence under Section 138

Case Briefs High Courts

Del HC | Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself

Delhi High Court: Expressing that husband must also carry the financial burden of making certain that his children are capable of attaining

Case Briefs Supreme Court

Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict

Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010?

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Calibrated efforts cancelling out the chance of coincidence of matching trades in illiquid scrip does not go scot free-Restricted from the market for manipulation

Securities and Exchange Board of India (SEBI)-Madhabi Puri Buch, Whole Time Member, while exercising powers under Section 19 read with Sections 11(1),

Case Briefs High Courts

Ker HC | “No matter how old she may be, sometimes a girl just needs her mom.” HC holds a married daughter and maternal parents are entitled to claim compensation under MV Act

Kerala High Court: C.S. Dias, J., held that a married daughter and parents of the deceased woman are legal representative under the

Case Briefs Supreme Court

Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?

Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that in an appeal/application filed under Section 34 of