Case Briefs Archives

Raj HC | No reason to cancel PET on the basis of a better technique to ensure accuracy in PET; Court dismisses series of petitions

Rajasthan High Court: The Division Bench of Indrajit Mahanty, CJ. and Satish Kumar Sharma, J., dismissed a series of Special appeals (writ)

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC refuses refund, punitive damages to consumer for defective phone purchased from Amazon Sellers: Read why

National Consumer Disputes Redressal Commission (NCDRC): Discussing a matter wherein allegedly a defective mobile phone was received From Amazon sellers, Bench of

Case Briefs High Courts

J&K and Ladakh HC | Will a rumourous tweet make one legally liable even when one deletes it on coming to know it to be untrue? HC decides

Jammu & Kashmir and Ladakh High Court: Rajnesh Oswal, J., quashed the FIR against activist Sushil Pandit with regard to one of

Case Briefs Supreme Court

Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement? SC answers

Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that once an officer of the department is appointed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Know why Maruti Suzuki was imposed with a Rs 200 crore penalty | Guilty of what? CCI decodes

Competition Commission of India (CCI): Noting that Maruti Suzuki India Limited used to impose penalties on its dealers for the reason of

Case Briefs Supreme Court

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.

Case Briefs

MP HC | Rule 2(13) read with Entry 3 and 4 of Schedule I of the Madhya Pradesh Medical Admission Rules, 2018 violative of Articles 14 and 19(1)(g) of the Constitution? Court explains in writ filed by Private Universities

Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ. and Vijay Kumar Shukla, J., heard a writ petition which was

Case Briefs Supreme Court

Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling

Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,

Case Briefs High Courts

HP HC | “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof

Himachal Pradesh High Court: Anoop Chitkara J. remarked “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such,

Case Briefs Supreme Court

Scope of the Court to enquire in decision of an Executive: Whether Court is concerned with decision-making process or ultimate decision? Supreme Court throws light

“While exercising powers of judicial review, the Court is not concerned with the ultimate decision but the decision-making process.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Even when an assessee has suppressed facts, the extended period of limitation can be invoked only when “suppression‟ or “collusion” is wilful with an intent to evade payment of duty; Tribunal decides

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and C.J. Mathew (Technical Member) allowed an appeal

Case Briefs High Courts

Kar HC | “Act of perjury is treated as a heinous offence in all civilized societies”; Delay in consideration of such complaints can pollute the fountain of justice

Karnataka High Court: Krishna S Dixit, J., allowed the petition and set aside the impugned order highlighting the importance of perjury applications

Case Briefs High Courts

To exercise rights, can contractual employees approach a permanent employer? Bom HC verdict determines

Bombay High Court: Reiterating the well-settled position that, contractual employees are not the employees of the principal employer, N.B. Suryawanshi, J., held

Case Briefs High Courts

Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels

Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed that, “…an offence

Case Briefs High Courts

Tri HC | No mechanism available to determine as to how and whether the biometric impression was genuine or not; Court suggests assistance of forensics

Tripura High Court: Arindam Lodh, J., decided on a matter wherein the petitioner, in response to an advertisement notified by the respondents,

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Abnormalities, established relations and phone calls forms basis of strong preponderance of probabilities-Insider trading out of doors

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, in a detailed order held that the Managing Director, Abhay

Case Briefs High Courts

Utt HC | State directed to ensure that land owner who donated the land for establishment of sugar mill, their future generation should not be left starving

Uttaranchal High Court: Lok Pal Singh, J., allowed a petition which was filed mainly seeking a writ, order or direction directing the

Case Briefs Supreme Court

Will long possession of a property by a caretaker/servant entitle him to acquire an interest in property? SC decides

Supreme Court: Holding that caretaker/servant can never acquire interest in the property irrespective of his long possession, Bench of Ajay Rastogi and

Case Briefs High Courts

‘Astrological Incompatibility’ as reason to refuse marriage: Bom HC refuses to discharge man accused of rape on false promise of marriage

Bombay High Court: While noting a case of false promise to marry Sandeep K. Shinde, J., refused to allow application wherein a

Case Briefs High Courts

Tri HC | Factual issue in absence of any material produced not acceptable; Court dismisses appeal

Tripura High Court: Akil Kureshi, CJ., dismissed a petition which was filed challenging an order passed by the disciplinary authority imposing punishment