Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Deducing from the acts and the tactics of the corporate debtor failing the test of legality, initiates CIRP

National Company Law Tribunal, Mumbai Bench, Mumbai- The Coram of Ashok Kumar Borah, Judicial Member, and Shyam Babu Gautam, Technical Member while

Case Briefs High Courts

Court’s interference in regard to arbitral awards: Limited or Not? Del HC explains with the view taken by SC decision

Delhi High Court: On finding no ground for interference in the arbitral award, Anup Jairam Bhambhani, J., upheld the decision of Single

Case Briefs Supreme Court

Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC

‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.

Case Briefs High Courts

MP HC | Whether the accused can be allowed to languish in jail or not when the prosecution itself is not in a position to provide DNA test report? Court answers

Madhya Pradesh High Court: G.S. Ahluwalia, J., allowed a bail application which had been filed in connection with Crime No.337/2020 registered by

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Does not find any fault in the coda but questions the agenda | Accepts CBI’s closure report but questions the investigation

Central Bureau of Investigation (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while accepting the closure report questioned the delayed investigation by the

Case Briefs High Courts

Physical Presence v. Video Conference | Physical Presence for registration of marriage under Delhi (Compulsory Registration of Marriage) Order, 2014, a necessity? Delhi HC decides

Delhi High Court: While addressing a request for registration of marriage without requiring the physical presence of the couple, Rekha Palli, J.,

Case Briefs

Tax liability of a power generator (which also manufactures sugar) supplying electricity to a distributor, whether a Question of law or of fact? Supreme Court clarifies

Whether the State had the legislative competence to levy duty on the sale of electricity to an intermediary distributor is a question of law.

Case Briefs High Courts

Son-in-law and his right on Father-in-laws property | Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides

Kerala High Court: N. Anil Kumar, J., decided a matter wherein the son-in-law claimed his right on father-in-law’s property while pleading that

Case Briefs Supreme Court

Dowry Death| Absconding mother-in-law’s alleged ‘key role’ not at par with deceased’s brother-in-law. Bail cancelled: Supreme Court

The Investigating Agency, deserves a free hand to investigate the role of the Respondent-Mother-in-law, if any, in the unnatural and untimely death of her daughter in-law.

Case Briefs High Courts

Gau HC | “Illegal detention or kidnapping is a pre-requisite for invoking writ of habeas corpus”; HC holds habeas corpus doesn’t apply on missing cases

Gauhati High Court: Kalyan Rai Surana, J., held that the writ of habeas corpus cannot be invoked unless there is an allegation

Case Briefs High Courts

Contribution for renovation to father’s self-acquired property a ground to not being evicted ? Here’s what P&H HC opined while deciding on Eviction Order for Son and Daughter-in-law

Punjab and Haryana High Court: Expressing that when the children, who the parents have reared with untold sorrows and miseries, throw them

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | “Pandya ka Sauda” turns out to be the “Aakhri Sauda” for anchor and 5 other entities for the fraudulent trade activity-Ex parte interim order

Securities and Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, in its ex-parte interim order restrained the anchor and

Case Briefs High Courts

Gau HC | Rule 12(3)(iv) of the Assam Secondary Education (Provincialised Schools) Rules, 2018 challenged; Court dismisses petition

Gauhati High Court: Soumitra Saikia, CJ., dismissed a petition which was filed challenging the provisions under Rule 12(3)(iv) of the Assam Secondary

Case Briefs High Courts

Whether duration of practice at the Bar be counted along with qualifying period put in by claimant as Judicial Member for calculating pension? Del HC decides

Delhi High Court: V. Kameswar Rao, J., refuses to grant relief to the claimant who urged to include 10 years of practice

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Recourse to revocation should be taken in extreme circumstances only and not in respect of violations for which there are other provisions to deal with them; Tribunal partly allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Division Coram of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical

Case Briefs High Courts

Raj HC | Convenience of the wife is to be preferred over the convenience of the husband in transfer petitions relating to matrimonial disputes

Rajasthan High Court: Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source

Case Briefs High Courts

Ker HC | No final report and no cognizance signify there is no pending criminal proceeding; HC lays down parameters governing issuance of passport in a criminal case

Kerala High Court: Bechu Kurian Thomas, J., held that if the final report had not been filed and no cognizance had been

Case Briefs High Courts

[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence

Karnataka High Court: A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the

Case Briefs High Courts

Cinema owners are liable to pay compensation for not providing free potable & pure drinking water? Prohibition to carry drinking water in Cinema Hall | Madras HC Decision

Madras High Court: Opining that “Cinema Hall, which seeks to prohibit carrying of drinking water inside the Cinema Hall for security reasons,

Case Briefs High Courts

Lower Court Judge failed in its duty to protect dignity of rape victim: Bom HC’s decision on committing of rape by cab driver joined by his accomplice

Bombay High Court: Pained to note the permitting of questions by the Lower Court which crossed all lines of dignity of a