Case Briefs Archives

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can doctors alleged of medical negligence be exempted from legal proceedings as they are busy and conscious about their duties towards patients? NCDRC answers in a transfer application

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Dr S.M. Kantikar (Presiding Member) and Binoy Kumar (Member) while allowing an application

Case Briefs Tribunals/Commissions/Regulatory Bodies

In case of an application being filed under S.7 of IBC, will insufficiency of stamp duty be looked into? NCLT decides

National Company Law Tribunal, Mumbai: The Coram of H.V. Subba Rao, Judicial Member addressed the relevancy of insufficiency of stamp duty under

Case Briefs High Courts

Tri HC | Tests provided under S.37(1)(ii) of the NDPS Act should qualify in order to seek bail; Court rejects application

Tripura High Court: S.G. Chattopadhyay, J., rejected a bail application which was filed for releasing the accused on bail who had been

Case Briefs Supreme Court

SC discusses law on compensation for injurious affection; Summarises items under S. 23(1) of LA Act to be considered by court while determining compensation

Supreme Court of India: The Division Bench of Hemant Gupta and V. Ramasubramanian, JJ., while deciding an appeal of the landowner, noted

Case Briefs Supreme Court

Supreme Court furthers SOP for evidence recording via video-conferencing in cases related to child victims/witnesses of human trafficking

“It is well known that our country is a technological powerhouse and if we are unable to take advantage of the resources available with us and fully utilise the benefits of technology through computers and the internet for the benefit of children, our status as a technological powerhouse would be in jeopardy and would remain only on paper.”

Case Briefs High Courts

If a foreign embassy doesn’t issue ‘Single Status Certificate’ or NOC of an OCI card holder, can Declarations and Certificates be accepted for registration of marriage in India? Ker HC answers

Kerala High Court: While addressing a matter wherein an Indian Citizen intended to soleminse and register his marriage with a British Citizen,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether the services provided by CRS companies to the appellant can be subjected to levy of service tax under the OIDAR services? CESTAT addresses

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P.V. Subba Rao (Technical Member) took up

Case Briefs High Courts

Consumer Protection Act requires State Government to constitute a State Consumer Disputes Redressal Commission and create circumstances to its effective functioning: Bom HC at Goa directs State of Goa to ensure filling up of vacant positions expeditiously

High Court of Bombay at Goa: Stating that the State Administration comprises several IAS Officers, the least expected out of them is

Case Briefs High Courts

MP HC | Desirable to stay the departmental proceedings till conclusion of the criminal case; Court prohibits Department to continue inquiry

Madhya Pradesh High Court: Atul Sreedharan, J. decided on a petition which was filed by the petitioner who was aggrieved by the

Case Briefs Supreme Court

If the interpretation of a tender document is not accepted by Constitutional Court, can Court interfere with the interpretation? SC answers

Supreme Court: The Division Bench of Dinesh Maheshwari and Vikram Nath, JJ., while addressing a matter with regard to the tender document,

Case Briefs Supreme Court

Harassed, transferred, left with no choice but to resign: Read how this MP District Judge won half the battle in alleged sexual harassment case as SC orders her reinstatement

The resignation by the petitioner was on account of exasperation and frustration actuated by a thought, that injustice was being meted out to her by the very Institution of Judiciary.

Case Briefs High Courts

Wife subjected husband to humiliation by publicly calling him impotent and abusing him resulting in assault by husband: Husband will be convicted for murder or culpable homicide? Bom HC analyses

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., modified the conviction of a husband who

Case Briefs Supreme Court

5-year moratorium on new Pharmacy Colleges: Chh HC’s interim order directing PCI to consider application for affiliation stayed; Matter to be disposed of in 4 weeks: SC

Supreme Court: In a case related to PCI’s decision to impose 5-year moratorium on the opening of new Pharmacy Colleges for degree

Case Briefs High Courts

Raj HC | Money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity in approach; Court observes in a MV accident case demanding higher compensation

Rajasthan High Court: Birendra Kumar J. allowed the appeal and enhanced the award considering the settled guidelines in the subsequent judgments to

Case Briefs High Courts

4 years as undertrial, 2 witnesses examined out of 14, no probability of trial to be concluded in near future: Whether Del HC will grant bail to accused under S. 37(b)(ii) of NDPS Act? Read

Delhi High Court: Chandra Dhari Singh, J., granted bail to an accused on being satisfied with “reasonable grounds” as per Section 37

Case Briefs Supreme Court

Post Poll Violence| Anticipatory Bail to Mamta’s Banerjee’s Election Agent SK Supiyan in murder case; Must fully cooperate in the probe: SC

Supreme Court: In a breather to SK Supiyan, West Bengal Chief Minister Mamta Banerjee’s Election Agent in the Vidhan Sabha Elections held

Case Briefs High Courts

Law on Voluntarily Causing Grievous Hurt | In a land dispute, a person subjected to grievous injury with the use of ‘Khurpi’: Will he be punished under S. 326 or 325 Penal Code, 1860? Bom HC explains

Bombay High Court: The Division Bench of S.S. Shinde and N.R. Borkar, JJ., upheld the decision of the Trial Court in a

Case Briefs High Courts

Tri HC | Exclusion of married daughters from the die-in-harness scheme of the State Government discriminatory? Court discusses

Tripura High Court: The Division Bench of Indrajit Mahanty, CJ. and S.G. Chattopadhyay, J. decided over a bunch of petitions which had

Case Briefs High Courts

Kar HC | Bail rejected as the Court cannot decide whether it attracts the offence under Ss. 302 of IPC or 304 Part-II IPC at this stage

Karnataka High Court: H.P Sandesh, J. rejected bail as at this stage no offence can be attracted and the same is left

Case Briefs Supreme Court

“Debt arising out of advance payment for supply of goods or services is an operational debt”; SC allows operational creditor to initiate CIRP

Supreme Court: While dealing with a case involving two controversial terms; “operational debt” and “operational creditor” of IBC, the 3-judge Bench of