Case Briefs Archives

SL CoA | Can a conviction stand solely on the uncorroborated testimony of the complainant? Court clarifies

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Devika Abeyratne and P. Kumararatnam, JJ., allowed

Case Briefs High Courts

Judgment on Admissions | Is Court justified in allowing application under Or. 12 R. 6 CPC for absence of material pleadings, presence of moonshine defence in WS? Del HC discusses

Delhi High Court: Asha Menon, J., held that, “Mere fact that the boundary walls had been built by the defendants cannot be

Case Briefs Foreign Courts

SL CoA | Defence of sudden and grave provocation can’t be granted; Court explains

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of K Priyantha Fernando and Sampath B Abayakoon,

Case Briefs Supreme Court

1273 Complaints from State Bar Councils transferred to BCI in last 5 years: SC unimpressed by COVID-19 Pandemic excuse for non-disposal of complaints; Issues Directions

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has issued a series of directions after it was brought to

Case Briefs Foreign Courts

Is rejection to issue “X” marker (unspecified) passport for non-gendered people violative of right to respect for private life and discriminatory under EU Convention? UK SC decides

United Kingdom Supreme Court: Rejecting the demand for “X” marker passport (unspecified gender) for non-gendered people, the Bench of Lord Reed, President

Case Briefs High Courts

‘Sexual perversity is a social menace’: Cal HC upholds order of framing charges against Stepfather; Lays guidelines for effective protection of child victim’s identity under POCSO Act

Calcutta High Court: While expressing that, Sexual perversity is not only a personal disease, but also a social menace; The act itself

Case Briefs Supreme Court

Dowry Death| Wife goes missing from matrimonial home; body found a week later: Circumstances unerringly point to husband’s guilt despite slipshod investigation, holds SC

Supreme Court: Despite a slipshod investigation in a case, the 3-judge bench of NV Ramana, Surya Kant and Hima Kohli*, JJ has

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether non-referral of patient to Specialist or higher centre amounts to deficiency in service or medical negligence of the treating doctor/hospital? NCDRC decides

National Consumer Disputes Redressal Commission (NCDRC): Justice R.K. Agarwal (President) and Dr S.M. Kantikar and Binoy Kumar (Members) decided a matter with

Case Briefs Supreme Court

Conspiracy and abetment of corruption; SC holds section 13 of Prevention of Corruption Act cannot be invoked against non-public servant

Supreme Court: While dealing with a case of abetment and conspiracy for commission of criminal misconduct by public servant, the Division Bench

Case Briefs High Courts

Magistrate required to exercise judicious discretion before ordering interim compensation, S. 143-A NI Act not mandatory: Kar HC

Karnataka High Court: Rajendra Badamikar, J., reversed an order of the Magistrate which had directed the petitioner accused to deposit 20% of the

Case Briefs High Courts

“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates

Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the

Case Briefs High Courts

Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his

Case Briefs High Courts

Cal HC | “Circumventing invocation of Bank Guarantee justified in matters of irretrievable injustices and special equities”: Court rejects application

Calcutta High Court: Moushami Bhatacharya J., while rejecting vacating application of an order of injunction on Yes Bank held that “an unconditional

Case Briefs High Courts

Dishonour of Cheque | Is it mandatory for trial court to award interim compensation under S. 143-A NI Act on mere invocation thereof? Del HC decides whether S. 143-A is directory or mandatory?

Delhi High Court: Anu Malhotra, J., held that the provision of Section 143A of the NI Act, 1881 is directory in nature

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Suppression of facts in the nature of ‘undeclared goods’ and ‘misdeclared good’ resulting in confiscation made under S. 28 (4), held to be valid and proper

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Sulekha Beevi (Judicial Member), dismissed the appeal against the order of Commissioner of Customs

Case Briefs High Courts

Trafficked then thrown into prostitution; HC addresses plight of minor girl, directs District Judges to sensitize judicial officers about provisions of POCSO and JJ Act

Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was

Case Briefs High Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative

Case Briefs Supreme Court

Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee

Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the

Case Briefs High Courts

Madras HC takes suo motu cognizance of objectionable clip including Court proceedings doing rounds in social media, Directs registration of FIR

Madras High Court: The Division Bench of P.N. Prakash and R. Hemalatha, JJ., noted that a video clipping showing the online Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Rejection of refund on the ground of limitation not justified; Appeal allowed

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S., J. (Judicial Member) allowed an appeal wherein the refund was rejected