Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | If the issue was not argued during hearing and while dictating the order in the open court, can it be raised later for rectification? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ashok Jindal (Judicial Member) and P.V. Subba Rao (Technical Member) dismissed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Unhesitatingly’ decides the ‘unsustainability’| Nominee Director reminded of the not so nominal duties| Held: ‘Controlling by votes’ is ‘Controlling interest’

National Company Law Appellate Tribunal-The Coram of Justice M. Venugopal, Acting Chairperson and Kanthi Narahari, Technical Member while concurring with the adjudicating

Case Briefs High Courts

Raj HC | State Government directed to appoint the Chairperson and the Members of the Rajasthan State Commission for Women

Rajasthan High Court: The Division Bench of Sangeet Lodha and Manoj Kumar Garg, JJ., dealt with the petition which was filed by

Case Briefs Supreme Court

‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case

“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”

Case Briefs High Courts

J&K and Ladakh HC | Appeal filed without annexing decree sheet passes admission stage due to lapse on the part of Court Registry; Will the appeal survive? HC decides

Jammu & Kashmir and Ladakh High Court: Ali Mohammad Magrey, J., held that once an appeal is duly entertained without the production

Case Briefs Supreme Court

Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules

“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”

Case Briefs High Courts

Is it proper to invoke S. 482 CrPC for quashing Magistrate’s order in a proceeding under S. 12 r/w S. 23 of Domestic Violence Act on the point of maintainability? Cal HC determines

Calcutta High Court: Bibek Chaudhari, J., considered the question as to whether Section 482 CrPC is applicable in relation to an application under

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Registration of a Religious or Charitable Trust under S. 12AA of Income Tax Act | On what basis is registration granted or denied to Trust? Read on

Income Tax Appellate Tribunal (ITAT): The Bench of Inturi Rama Rao (Accountant Member) and Partha Sarathi Chaudhary (Judicial Member), decided whether registration

Case Briefs Supreme Court

Explained| Law on grant on bail in NDPS cases

Supreme Court: The bench of Dr. DY Chandrachud* and BV Nagarathna, JJ has elaborately discussed the principles governing the grant of bail,

Case Briefs High Courts

Kar HC directs State Government to provide text books in Braille for all special children (visual disabilities) positively within a period of 15 days from the date of order

Karnataka High Court: A Division Bench of Satish Chandra Sharma, CJ. and Sachin Shankar Magadum J. directed the State Government to provide

Case Briefs High Courts

Ker HC | Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states

“Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise”

Case Briefs High Courts

Did Sourav Ganguly play with the ‘System’? Cal HC pens down its decision in illegal allotment of plot to cricketer against State’s land allotment policy

Calcutta High Court: Opining that “process of applying the pick and choose a policy and making allotments at the whims and fancies

Case Briefs High Courts

Jhar HC | Conclusion of Departmental proceeding on the ground of conviction by Trial Court; will subsequent acquittal by High Court affect the outcome of departmental proceeding?

Jharkhand High Court: Sanjay Kumar Dwivedi, J. while holding the reason assigned by the Director-General of Police (DGP) while rejecting the claim

Case Briefs High Courts

Chh HC | Interdicting a criminal proceeding midcourse on ground of invalidity of the sanction order not appropriate unless failure of justice has occasioned as per S. 19(3) PC Act

Chhattisgarh High Court: Sanjay K Agrawal, J. dismissed the petition being devoid of merits. Facts The facts of the case are such

Case Briefs Supreme Court

Retrospective seniority from a date when employee was not even borne in service? A big no, holds Supreme Court

Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a

Case Briefs High Courts

Bom HC | Tendency of guaranteeing decision to come in favour of one party or other, amounts to maligning a particular Judge and at large, institution itself by giving an impression that justice can be bought

Bombay High Court: Bharati Dangre, J., addressed a matter wherein a mother was cheated of an amount Rs 16,50,000 by a man

Advance Rulings Case Briefs

Supplying coaching services along with printed material, test papers, etc., Whether supply of goods or services: Raj AAR explains how to determine cases of composite supply

Rajasthan Authority for Advance Ruling, GST: Bench of J.P. Meena (Member Central Tax) and M.S. Kavia (State Tax) determined whether supplying of coaching