Case Briefs Archives

Law passed by legislature is good law till it is declared unconstitutional by a Court: Supreme Court

Supreme Court: Stating that declaration by a Court that a statute is unconstitutional obliterates that statute entirely as though it had never

Case Briefs Supreme Court

POCSO Offenders Deserve No Leniency; “A Message Must Be Conveyed To The Society At Large”: SC

Supreme Court: In a case where a 65-year-old man committed aggravated penetrative sexual assault on his 4-year-old neighbor, the bench of MR

Case Briefs High Courts

Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition

Chhattisgarh High Court: Sam Koshy J. partly allowed the petition and partly disposed of the petition expressing no opinion on the termination

Case Briefs District Court

Law on Cheque Dishonour | Merely because cheques in question are security cheques, would that save accused from clutches of law under S. 138 NI Act, in case of admitting taking loan against cheques? Court answers

Rohini Court, North-West, Delhi: Ritika Kansal, MM(NI) reiterated the settled position of law that, “…an accused has to prove his defence by

Case Briefs High Courts

Cal HC | Disparagement or mere puffery? Court decides in matter of offending/misleading advertisements [Dabur India v. Baidyanath Ayurved]

Calcutta High Court: Shekhar B. Saraf, J. decided on a petition which was filed seeking remedy against impugned advertisements disparaging the goodwill

Case Briefs High Courts

Law on Custody | 9-year-old child prefers to stay with mother’s father and his family members and shows animosity towards father: Whether father will get custody of child or not? Bom HC decides

Bombay High Court: Addressing a matter wherein a child’s mother was diagnosed with cancer due to which she started living at her

Case Briefs High Courts

Couples have to make their choice at the threshold between career prospects and family life; HP HC observes in a case where a mother seeks job transfer to be with her daughter

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Satyen Vaidya, JJ. dismissed the petition being devoid merits. The

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Unless 7.5% of the penalty is deposited when the penalty is in dispute, the appeal cannot be entertained by the Tribunal

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

Case Briefs Supreme Court

Whether relinquishment of right to promotion once made exists perpetually or is it for specific term? Supreme Court answers

Supreme Court: While addressing the question of law with regard to lifespan of relinquishment of claim for consideration for promotion in educational

Case Briefs High Courts

Employer setting big targets, not granting leave and not accepting resignation would be acts in normal course of business: Bom HC grants anticipatory bail to employer accused of abetting suicide committed by employee

Bombay High Court: Sarang V. Kotwal, J., addressed a matter wherein an employer was accused of abetting the suicide of an employee.

Case Briefs High Courts

14-yr old girl subjected to penetrative sexual assault by man who called her grand daughter: Is girl’s complaint vital to form basis of conviction? Cal HC explains

Calcutta High Court: The Division Bench of Joymalya Bagchi and Bivas Pattanayak, JJ., in a penetrative sexual assault case of a 14-year-old

Case Briefs High Courts

Law on Bail | Investigation complete, charge sheet filed, accused in jail since 6 months: Read whether Del HC grants bail

Delhi High Court: Chandra Dhari Singh, J., granted bail while referring to a catena of Supreme Court decisions with regard to the

Case Briefs Supreme Court

Benefit conferred on one or a set of people, without legal basis or justification, cannot multiply and be relied upon as a principle of parity: SC

Supreme Court: In a case where some candidates who had applied for the post of Helper/trainee with Tamil Nadu Generation and Distribution

Case Briefs High Courts

Tri HC │Whether maintenance granted to the wife under S. 125 CrPC can be cancelled in view of husband’s obtaining a decree for restitution of conjugal rights and wife’s refusal for the same?

Tripura High Court: S.G. Chattopadhyay, J., decided on a petition which was filed by the petitioner challenging order passed by the Additional

Case Briefs High Courts

Ker HC | “Marrying a Christian man would not wipe off the benefit of reservation granted to a scheduled caste persons”, HC reiterates caste of a person is to be decided on the basis of birth

Kerala High Court: Raja Vijayaraghavan V, J., held that marrying a Christian man would not wipe off the benefit of a reservation

Case Briefs High Courts

Utt HC | Compelling to continue pregnancy, infringement under Art. 21; Rape victim allowed to terminate Intrauterine Fetus of 28 weeks 5 days

Uttaranchal High Court: Alok Kumar Verma, J., decided on a petition which was filed by the father of the minor petitioner to

Case Briefs Supreme Court

Law on Recovery of Maintenance | Limitation of 1 year for recovery of maintenance under S. 125(3) of CrPC and the law on enforcement to claim order of maintenance under S. 128 CrPC: All HC explains

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while addressing a matter regarding recovery of maintenance amount, expressed that, “Sentencing to jail

SCC Times

Case Briefs

Law passed by legislature is good law till it is declared unconstitutional by a Court: Supreme Court

POCSO Offenders Deserve No Leniency; “A Message Must Be Conveyed To The Society At Large”: SC

Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition

Law on Cheque Dishonour | Merely because cheques in question are security cheques, would that save accused from clutches of law under S. 138 NI Act, in case of admitting taking loan against cheques? Court answers

Cal HC | Disparagement or mere puffery? Court decides in matter of offending/misleading advertisements [Dabur India v. Baidyanath Ayurved]

Law on Custody | 9-year-old child prefers to stay with mother’s father and his family members and shows animosity towards father: Whether father will get custody of child or not? Bom HC decides

Couples have to make their choice at the threshold between career prospects and family life; HP HC observes in a case where a mother seeks job transfer to be with her daughter

CESTAT | Unless 7.5% of the penalty is deposited when the penalty is in dispute, the appeal cannot be entertained by the Tribunal

Whether relinquishment of right to promotion once made exists perpetually or is it for specific term? Supreme Court answers

Employer setting big targets, not granting leave and not accepting resignation would be acts in normal course of business: Bom HC grants anticipatory bail to employer accused of abetting suicide committed by employee

14-yr old girl subjected to penetrative sexual assault by man who called her grand daughter: Is girl’s complaint vital to form basis of conviction? Cal HC explains

Law on Bail | Investigation complete, charge sheet filed, accused in jail since 6 months: Read whether Del HC grants bail

Benefit conferred on one or a set of people, without legal basis or justification, cannot multiply and be relied upon as a principle of parity: SC

Tri HC │Whether maintenance granted to the wife under S. 125 CrPC can be cancelled in view of husband’s obtaining a decree for restitution of conjugal rights and wife’s refusal for the same?

Ker HC | “Marrying a Christian man would not wipe off the benefit of reservation granted to a scheduled caste persons”, HC reiterates caste of a person is to be decided on the basis of birth

Utt HC | Compelling to continue pregnancy, infringement under Art. 21; Rape victim allowed to terminate Intrauterine Fetus of 28 weeks 5 days

Explained| Can post office/bank be held liable for the fraud or wrongs committed by its employees?

Whether promotion scheme implemented by office memorandum supersedes recruitment regulations? Supreme Court answers

Can an unemployed husband escape from his responsibility to maintain wife? Tis Hazari Court answers

Law on Recovery of Maintenance | Limitation of 1 year for recovery of maintenance under S. 125(3) of CrPC and the law on enforcement to claim order of maintenance under S. 128 CrPC: All HC explains