Case Briefs Archives

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

Case Briefs High Courts

What is the legal status in case of a Muslim man regarding payment of maintenance to ex-wife beyond iddat period if she remains un-remarried and unable to maintain herself? Kar HC analyses

Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the

Case Briefs High Courts

Megh HC | Constitution of the new School Managing Committee ordered; Petition held to be infructuous

Meghalaya High Court: W. Diengdoh, J. dismissed a petition which was to decide on the issue of revocation of the constitution of

Case Briefs Supreme Court

Explained| Can more than one consumer institute a complaint under Consumer Protection Act 2019? Why is the definition of “complainant” misleading?

Supreme Court: In a case where it was alleged that more than one consumer cannot institute a complaint unless they come within

Case Briefs High Courts

If two people have consensual sexual relationship but boy later refuses to marry, Will that attract offence of cheating under S. 417 IPC? Bom HC explains

Bombay High Court: Anuja Prabhudessai, J., examines whether on mere refusal to marry the offence of cheating be constituted under Section 417

Case Briefs High Courts

When can a High Court invoke its power in granting writ of habeas corpus in child custody matters? All HC lays down scope and ambit of Writ of Habeas Corpus

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while examining the scope of the writ of habeas corpus, expressed that, The power

Case Briefs District Court

Call records alone cannot be pressed into service for framing charges; Court discharges accused of Organized Crime Syndicate under MCOC Act holding CDRs not sufficient evidence

Patiala House Courts (New Delhi): While discharging the accused from alleged offences under Sections 3 and 4 of MCOC Act, Sh. Parveen

Case Briefs Supreme Court

SC looks to curb the menace of fake Compensation Claims under Motor Vehicles Act; impleads Ministry of Transport

Supreme Court: After it was brought to the Court’s notice that several fake claim petitions were being filed for getting compensation under

Case Briefs High Courts

Madras HC quashes “absurd” FIR filed over FB post which a normal person would have laughed off at; Says “Right to be Funny can be mined in Art. 19(1)(a)”

Madras High Court: While stating that, Jug Suraiya, Bachi Karkaria, E.P.Unny and G.Sampath … if any one of them, or for that

Case Briefs Supreme Court

“Contempt is between contemner and the Court”; SC cites R.N. Dey’s case to hold aggrieved party has no right to insist that court should exercise contempt jurisdiction

Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that once the fresh notification is issued by

Case Briefs High Courts

‘To sexually violate innocent child within filial relationship descends on different path of depravity’: Del HC convicts father, friend under S. 377 IPC; emphasises on ingredients of ‘carnal intercourse against the order of nature’

Delhi High Court: The Division Bench of Siddharth Mridul and Anup Jairam Bambhani, JJ., while addressing a very unfortunate incident, involving sexual

Case Briefs High Courts

Chh HC directed orders against moratorium/ban on the opening of the new Colleges and Institutions for imparting B. Pharma and D. Pharma courses in the entire Country for a period of five years

Chhattisgarh High Court: P. Sam Koshy allowed the interim application and stated that the final approval and permission is subject to the

Case Briefs High Courts

“Quranic injunctions command equal treatment of wives”; HC holds unequal treatment of wives is sufficient ground to grant divorce

Kerala High Court: The Division Bench of A.Muhamed Mustaque and Sophy Thomas set aside the findings of Family Court wherein it had

Case Briefs Supreme Court

Explained| NDPS: Ownership of Vehicle; non-production of contraband, etc – Fatal to the trial or not?

Supreme Court: In a case where, on apprehending the accused, while making search of the motor cycle, 900 gm of smack was

Case Briefs District Court

Can retailers/shopkeepers charge for ‘carry bags’ with their brand logos printed on them? Consumer Forum explains

District Consumer Disputes Redressal Commission, Hyderabad: Coram of M. Anuradha President (FAC) and Lakshmi Prasanna, Member, held that, Retailers/shopkeepers charging for plastic/paper/cloth

Case Briefs Supreme Court

Disciplinary proceedings against person with mental disability is a facet of indirect discrimination; SC sets aside action against CRPF personnel

“… while the stigma and discrimination against persons with mental health disorders are rampant in society, as the highest constitutional court of the country, it falls upon us to ensure that societal discrimination does not translate into legal discrimination.”

Case Briefs High Courts

If a person willfully attempts to evade tax, he can be prosecuted under S. 276C(1) of the Income Tax Act: Bom HC

Bombay High Court: The Division Bench of K.R. Shriram and Amit B. Borkar, JJ., discussed when a person can be prosecuted under

Case Briefs District Court

Person found to be driving in a drunk state, can his conviction be reduced in light of no previous conviction, clean past and remorse being expressed for such act? Read what Dwarka Court says

Dwarka Courts, New Delhi: Sushil Anuj Tyagi, ASJ while addressing a case of drink and drive, expressed that, “There has to be

Case Briefs Supreme Court

In a tiff between “mighty Union of India” & “an ordinary soldier”, the soldier wins as SC holds that members of Ecological Task Force also entitled to Disability Pension

Supreme Court: In a case where a soldier, after serving in the Regular Army for 25 years, was re-enrolled in the Infantry

Case Briefs High Courts

Senior Citizen soon to enter her 90’s desired to end her life: Son and Grandson mentally left no stone unturned to make life of ‘grandmother’ a living hell | Bom HC emphasizes on family and societal values being perished

Bombay High Court: G.S. Kulkarni, J., addressed an ordeal of a senior citizen who would be soon in her nineties and was