Case Briefs Archives

Raj HC│ Order of provisional attachment cannot survive beyond a period of one year in terms of S. 83 (2) CGST Act; Provisional attachment order stayed

Rajasthan High Court: A Division Bench of Akil Kureshi CJ and Sudesh Bansal J ranted interim relief and stayed the provisional attachment

Case Briefs High Courts

Utt HC | Irrespective of the personal rights of a person or a community, it can under no set of circumstances, override the rights or need of the defence of the country; Petition dismissed

Uttaranchal High Court: Sharad Kumar Sharma, J. dismissed a writ petition which involved the isuue pertaining to regulating the frontier borders of

Case Briefs Supreme Court

7-year-old’s “brutal” rape and murder: SC commutes Death sentence; No premature release/remission during 30 years’ LI as “conscience of the society cannot be ignored”

Supreme Court: In a case where a man had brutally raped and murdered a 7-year-old girl, the 3-judge bench of AM Khanwilkar,

Case Briefs High Courts

MP HC │ Registrar exercising power of the election tribunal cannot pass interim directions of any nature; Court allows appeal

Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Dinesh Kumar Paliwal, J. allowed an appeal which was filed

Case Briefs High Courts

Cal HC │ No intention of any evasion of tax; Court directs refund of penalty and tax paid on protest

Calcutta High Court: Md. Nizamuddin, J. decided on a petition which was filed challenging the impugned order of the appellate commissioner confirming

Case Briefs Supreme Court

Is Railway’s decision to disqualify persons with history of lasik surgery for the post of constables (RPF) just and reasonable? SC directs constitution of experts committee to answer

Supreme Court: Opining that the advancement of medical field over a period of time has been enormous, the Division Bench comprising of

District Court High Court Round Up Legal RoundUp

Stories of sexual assault of a minor, woman travelling in public transport experiencing inappropriate touch and how children below 12 years of age are ‘asexual’ | Read 7 Legal Stories of the week

Here are our interesting Picks from the stories reported this week: People using cyberspace to vent out anger and frustration by travestying

Case Briefs Supreme Court

“An Order of Externment is an extraordinary measure which should be used sparingly”. SC reiterates the duties of Competent Authority and Court while issuing and testing externment orders

Supreme Court: While deciding the instant appeal wherein the appellant challenged the externment order issued against him under Section 56(1)(a)(b) of the

Case Briefs High Courts

Who ‘owns’ a YouTube channel?: Del HC passes interim directions in dispute over channel ‘Shabad Kirtan Gurbani – Divine Amrit Bani’

Delhi High Court: Asha Menon, J., is considering a very interesting case where the dispute between the parties is regarding the ownership

Case Briefs High Courts

“..use of salutation and titles is prohibited in terms of Arts. 14 18 and 363A of the Constitution of India in public documents and public offices”; Raj HC observes in a case where hereditary title was mentioned in a cause title

Rajasthan High Court: Sameer Jain, J., directed the petitioners to file amended cause title at all respective places. The instant facts of

Case Briefs High Courts

Guj HC | Providing reasoning is to give it a value of precedent which can help in reduction of frivolous litigation; Court emphasises on recording reasons in judgments

Gujarat High Court: Ashokkumar C. Joshi, J. dismissed a petition and emphasised the importance of proper reasoning in a judgment/order. Petitioners were

Case Briefs High Courts

Cal HC | Court grants relief considering ranks and scores sufficient for Trainee Reserve Category in the Government College

Calcutta High Court: Moushumi Bhattacharya, J. decided on a petition which was filed being aggrieved by a notice cancelling a provisional eligibility

Case Briefs Supreme Court

Permanent Injunction can’t be granted against true owner once the title dispute is settled; SC reverses three concurrent findings

Supreme Court: Reversing the concurrent findings of all the Court below in a case where the plaintiff was granted the relief of

Case Briefs High Courts

Do District and State Consumer Disputes Redressal Commissions do not have jurisdiction to take cognisance of medical negligence complaints? Ker HC analyses

Kerala High Court: N. Nagaresh, J., decided whether medical service would fall within the ambit of Section 2(42) of the Consumer Protection

Case Briefs High Courts

Can partners in dispute of an LLP or any other business entity carrying out business in different parts of country, file suit in any place where business is carried out? Del HC explains

Delhi High Court: Amit Bansal, J., expressed that an LLP or any other business entity can carry out business in different parts

Case Briefs Supreme Court

Grant of leave to defend is the ordinary rule and denial is an exception; Supreme Court lays down detailed guidelines for leave to defend in summary suits

Supreme Court: While clarifying the law on leave to defend, the Division Bench of Vineet Saran and Dinesh Maheshwari*, JJ., held that

Case Briefs High Courts

Whenever there is a conflict between substantial justice and hyper-technicality then substantial justice should be preferred to avoid defeat for the ends of justice: Raj HC observes in a case where candidature was rejected on a hyper-technical approach

Rajasthan High Court: A Division Bench of Anoop Kumar Dhand and Pankaj Bharadwaj, JJ., disposed of the petition and directed the Department

Case Briefs High Courts

MP HC | A writ for mandamus cannot lie to direct the State to enact a law; Petition dismissed

Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Dinesh Kumar Paliwal, J.dismissed a petition which was filed in

Case Briefs High Courts

When a person suffers injury without any negligence on his part, but result of combined effect of negligence of two other persons: Is it a case of composite or contributory negligence? Bom HC answers

Bombay High Court: Expressing that, Negligence does not always mean absolute carelessness, but want of such a degree of care as required

Case Briefs Supreme Court

Prescribing eligibility criteria can’t be left to the Search Committee’s sweet will; Criteria fixed by UGC must be followed by all Universities: SC

Supreme Court: In a case relating to the appointment of the Vice-chancellor of the Sardar Patel University where the search committee had