Case Briefs Archives

Due to father’s field job, mother granted custody of child: Did Chh HC also grant contact and visitation right to father? Read

Chhattisgarh High Court: In a child custody battle, the Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., reiterated the position of

Case Briefs High Courts

If husband brings home concubine due to which wife leaves house, would that lead to desertion by wife? Chh HC explains

Chhattisgarh High Court: The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., expressed that, “If the husband keeps another lady; gives

Case Briefs High Courts

“…on the ground of delay itself, the heir of the deceased employee shall not be entitled to appointment on compassionate ground.”; Raj HC observes in a case where delay is of almost 13 years

Rajasthan High Court: A Division Bench of Manindra Mohan Srivastava and Anoop Kumar Dhand, JJ. dismissed the petition on the ground that

Case Briefs Supreme Court

Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance

Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder took money from homebuyer for formation of Co-operative Housing Society, but never formed so: Read why the homebuyer approached Commission

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): The Coram of R.K. Agrawal (President) and Dr S.M. Kantikar (Member) addressed a matter

Case Briefs High Courts

Adoptive Father of a minor girl seeks issuance of her passport with details of adoptive parents so that she could write her TOEFL examination: Here’s what Del HC directed

Delhi High Court: V. Kameswar Rao, J., addressed a matter wherein a minor child was not able to apply for a passport

Case Briefs Supreme Court

Can sale pursuant to a public auction, be set aside at the instance of strangers to the auction proceeding? SC decides

Supreme Court of India: While deliberating on the instant appeals expressing grievance over the judgment of Andhra Pradesh HC (Amravati) wherein it

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can flat owners be prevented from use of certain open spaces and facilities by builders? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): While noting whether the flat owners can be prevented from the use of certain common spaces,

Case Briefs Supreme Court

Financier-in-possession of a motor/transport vehicle liable to pay tax under U.P. Motor Vehicles Taxation Act, 1997: SC

Supreme Court: While dealing with the scope of Section 12 of the U.P. Motor Vehicles Taxation Act, 1997, bench of MR Shah*

Case Briefs Tribunals/Commissions/Regulatory Bodies

Homebuyer invests his hard-earned money to get legal possession of flat, yet gets subjected to a 6-year delay: Read how NCDRC provided relief to consumer

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a case wherein there was a delay of 6 years in handing

Case Briefs High Courts

Power under Article 227 of Constitution of India cannot be exercised to upset conclusions, howsoever erroneous they may be, unless there was something grossly wrong or unjust: Del HC

Delhi High Court: Asha Menon, J., while expressing the scope of power under Article 227 of the Constitution of India dismissed the

Case Briefs High Courts

Accepting requests for inter-district transfer can lead to chain reaction and at times considerable administrative difficulties; Raj HC observes while dealing a case related to inter-district transfer

Rajasthan High Court: A division bench of Akil Kureshi CJ and Madan Gopal Vyas J. dismissed the petition stating that nothing would

Case Briefs High Courts

Tri HC | When an occasion arises before the Court to exercise the discretion, it should always go in favour of the accused person

Tripura High Court: T. Amarnath Goud, J. allowed a petition giving an opportunity to the petitioner and complete the recall and re-examination

Case Briefs Supreme Court

“Shylock has received their promised pound of flesh but they seem to want more”; Bank entitled to withhold payment where Bond holder’s title is clouded as fraudulent: SC

Supreme Court: The Division Bench of Hrishikesh Roy* and R. Subhash Reddy, JJ., while deciding on an appeal challenging dismissal of suit

Case Briefs High Courts

If husband and wife get their marriage registered under Special Marriage Act & under Parsi Marriage and Divorce Act, 1936 as well, would this require them to get nullity of marriage under both Acts or one? Court decides

Parsi Chief Matrimonial Court, Bombay: G.S. Kulkarni, J., expressed that, there is no provision under legislations, that if a marriage between the

Case Briefs High Courts

P&H HC | State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking

Punjab and Haryana High Court: Expressing that, State of Punjab which was known as one of the prosperous States is now at

Case Briefs High Courts

MEP Infra v. SDMC | Bom HC denies grant of interim relief to MEP Infra

Bombay High Court: The Division Bench of Milind N. Jadhav and S.J. Kathawalla, JJ., refused to grant any ad-interim order in favour

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can application filed under S. 95(1) read with S. 60(1) IBC be rejected on ground that no Corporate Insolvency Resolution Process was pending against Corporate Debtor? NCLAT addresses

If CIRP or Liquidation Proceeding of a Corporate Debtor is pending before a NCLT, application relating to Insolvency Process of Corporate or

Case Briefs High Courts

Vicarious Liability of Directors of Company for offences committed under S. 138 NI Act: Person claiming to not being able to manage business due to his age, could this be accepted as defence? Del HC answers

Delhi High Court: Subramonium Prasad, J., addressed a matter pertaining to vicarious liability of directors of the company alleged for offences under

Case Briefs Supreme Court

Is unstamped Arbitration Agreement enforceable? SC holds question being pending before larger Bench will not hinder arbitration proceedings unless issue indicates existence of deadwood

Supreme Court: While addressing the issue related to jurisdiction of Court under Section 11(6) of the A&C Act, the 3-judge Bench comprising