Case Briefs Archives

‘Parliament entitled to make policy choices on fiscal issues’;Here’s why Supreme Court upheld constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

It is not for the employee to insist transfer or deny it at a particular place; SC holds transfer isn’t a right of employee but discretion of employer

Supreme Court: In a landmark case, the Division Bench of M.R. Shah and Aniruddha Bose, JJ., held that an employee has no

Case Briefs High Courts

Mandating coverage of bumper to bumper insurance policy: Not logistically and economically feasible? Has Madras HC modified its earlier decision? Read full report

Madras High Court: S. Vaidyanathan, J., cancelled the bumper-to-bumper policy which was made mandatory by this Court’s order for new vehicles for

Case Briefs Supreme Court

Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive? SC explains

Supreme Court: The Division Bench of M.R. Shah and Aniruddha Bose, JJ., while addressing a matter noted that, Abetment by a person

Case Briefs Supreme Court

SC resolves quandary over interplay of S. 9 and S. 17 of Arbitration Act, answers whether court can entertain application for interim measures after arbitral tribunal has been constituted

Supreme Court: A Division Bench comprising of Indira Banerjee and J.K. Maheshwari, JJ. held that once an Arbitral Tribunal is constituted, the

Case Briefs High Courts

Tri HC | Service of notice of meetings of the advisory board necessary specifying list of business to be transacted; Court allows appeal explaining Tripura Plantation Labour Rules, 1954

Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., allowed an appeal which was filed challenging the

Case Briefs Supreme Court

Person who stabbed in the stomach of another with intent to kill and convicted under S. 307 IPC tendered apology. Read whether SC reduces sentence of convict or not

Supreme Court: The Division Bench of Ajay Rastogi and Abhay S. Oka, JJ., while noting the mitigating factors and circumstances in which

Case Briefs High Courts

[Post Poll Murder] Ker HC | Rejection of bail would result in protraction of trial and indefinite detention; HC grants bail to Communist Party activists in post-poll murder case

Kerala High Court: K.Haripal, J., granted bail to the accused involved in post poll murder case of a Muslim League member. The

Case Briefs Foreign Courts

Everything you need to know on why AI Machine can’t be “Inventor”: US District Court rules AI still to reach sophistication to satisfy meaning of inventorship

United States District Court, Eastern District of Virginia: Leonie M Brinkema, J., observed that, Congress’s use of the term “individual” in the

Case Briefs Supreme Court

Resolution Applicant under IBC not allowed to withdraw/modify its Resolution Plan, once submitted for approval of NCLT: Supreme Court

Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. has held that under Insolvency and Bankruptcy Code, 2016,

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | What is the role of will/intention in evasion of payment of duty? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal in relation to evasion of payment of

Case Briefs High Courts

MP HC | Transfer of the only teacher in school stayed until State’s reply; Court holds order as illegal, without application of mind and contrary to the public policy

Madhya Pradesh High Court: Sanjay Dwivedi, J., decided in the matter of a petition which was filed challenging an order whereby the

Case Briefs High Courts

Is Magistrate empowered to pass order for disposal of property under CrPC when vehicle is seized under U.P. Prevention of Cow Slaughter Act? All HC examines

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that the Magistrate is denuded of his power to pass any order under

Case Briefs High Courts

Jhar HC | “Duty of Forest Guards is to guard not only forest but also animals”; HC emphasises on need to protect fauna along with flora

Jharkhand High Court: The Division Bench of Ravi Ranjan, CJ., and Sujit Narayan Prasad, J., addressed the disturbing incident pertaining to death

Case Briefs High Courts

Widow’s right of inheritance after re-marriage: Will mother of deceased be fully entitled to claim dues of deceased son or does wife who re-marries will also have share? Bom HC delves to answer

Bombay High Court: Addressing a matter pertaining to the widow’s right of inheritance on the property of the deceased husband, S.M. Modak,

Case Briefs Supreme Court

Irretrievable breakdown of marriage: SC invokes Art. 142 to dissolve marriage which never took off from first day and parties living separately for almost 20 yrs

Supreme Court: While deciding a case of a matrimonial dispute where the marriage never took off from the first day and was

Case Briefs Supreme Court

Explained| Is a suit for injunction maintainable where the plaintiff’s title is in dispute?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai, JJ has, in two judgments, has held that where the plaintiff’s

Case Briefs Foreign Courts

Here’s how DABUS an Artificial Intelligence System was given status of an “Inventor” | Federal Court of Australia’s exhaustive decision on whether a non-human can be named as an inventor

Federal Court of Australia: While addressing the question of whether Artificial Intelligence Systems can be an inventor for the purposes of the

Case Briefs High Courts

Raj HC | Court directs State to abide by the guidelines framed by the Centre for vaccination of the Transgenders

Rajasthan High Court: The Division Bench of Sangeet Lodha and Vinit Kumar Mathur, JJ., disposed off a petition with directions which was

Case Briefs High Courts

Pat HC | Difficult to fathom Corpn. was oblivious of Statutory requirements; HC comes down heavily on Patna Municipal Corpn. for failure to get its vehicles registered under MV Act

Patna High Court: The Division Bench of Sanjay Karol, CJ., and Partha Sarthy, J. slammed Patna Municipal Corporation for operating its vehicles