Case Briefs Archives

Sikk HC | “Last seen together theory- Inconclusive in absence of clear motive and beyond doubt circumstantial evidences”: Court acquits

Sikkim High Court: Meenakshi Madan Rai J., while acquitting the accused charged under section 302, 392 and 427 of IPC held that

Case Briefs High Courts

Can someone’s passport be impounded merely because a case under S. 498-A IPC is pending or a red corner notice issued? MP HC unravels

Madhya Pradesh High Court: Sujoy Paul, J., held that the pendency of matrimonial cases alone cannot be a ground to decline the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Attachment of Bank Accounts of a Corporate Debtor: Is it violative of S. 14 of IBC during pendency of Corporate Insolvency Resolution Process? NCLT explains

National Company Law Tribunal, Mumbai Bench: The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member directed that

Case Briefs High Courts

4 Reasons why HC found person with ‘bipolar disorder’ to be fit to discharge responsibilities as ‘Judicial Officer’: Read how last year Del HC outrightly denied ‘discrimination’ in employment against person with disability

Delhi High Court: The Division Bench of Vipin Sanghi and Sanjeev Narula, JJ., decided a matter while reasoning out on why a

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can demand of Service Tax be levied under commercial services involving composite contracts? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Division Coram of Sulekha Beevi (Judicial Member) and P Venkat Subbarao (Technical Member)

Case Briefs High Courts

Once a document gets registered, can it be cancelled as per the Registration Act, 1908? Del HC answers

Delhi High Court: Yashwant Varma, J., held that once a document comes to be duly registered, it becomes a fait accompli. In

Case Briefs Supreme Court

Whether discrepancies in school records on the basis of which DoB was recorded for admission in matriculation will discredit matriculation certificate for proving juvenility? SC decides

Supreme Court: Upholding the concurrent findings of High Court as well as Sessions Court and Juvenile Justice Board, the Division Bench comprising

Case Briefs High Courts

Ker HC | “The accused hugged and impregnated me”; Is mere oral testimony of victim sufficient to attract offence of rape?

Kerala High Court: Kauser Edappagath, J., reversed the concurrent findings of Lower Courts, whereby the accused was convicted for the offence of

Case Briefs Supreme Court

“A prudent insurer has to gauge possible risks”; Insurer can’t repudiate mediclaim alleging pre-existing illness where policy was issued after considering necessary medical records: SC

Supreme Court: The Division Bench of Dhananjaya Y Chandrachud and B.V. Nagarathna*, JJ., held that if on the consideration of the medical

Case Briefs High Courts

Daughter-in-law claims right of residence in late husband’s mothers’ property under the head ‘Shared Household’: Mother-in-law approaches Del HC seeking eviction of daughter-in-law | Read what HC says

Delhi High Court: Explaining the significance of ‘shared household’ Asha Menon, J., explained that where a residence is clearly a shared household,

Case Briefs Supreme Court

Allotment of Government Largesse| Discretionary quota inevitably leads to corruption, nepotism, favouritism. Time to do away with it: SC

“The allotment of plots in the discretionary quota cannot be at the whims of the persons in power.”

Case Briefs High Courts

If an advocate has appeared for a party in judicial or quasi-judicial capacity or even as a mediator, Can Court injunct him from appearing to maintain stream of justice? Del HC expounds in clear worded decision

Delhi High Court: While expressing its opinion on the position of an advocate in law, C. Hari Shankar, J., expressed that, There

Case Briefs Supreme Court

Compassionate Appointment| Applicability of Scheme in force on date of employee’s death OR date of consideration of the application? SC resolves the conflict

“A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable.”

Case Briefs High Courts

Saga of Harshad S. Mehta | Shares of a person held by ‘Custodian’ on a mere basis of a communication by Harshad Mehta: Widow of deceased person reaches Court | Read detailed report

Special Court, Bombay High Court: The Special Court (Trial of Offences Relating to Transfer of Securities Act, 1992) of A.K. Menon, J.,

Case Briefs High Courts

Scope of interference by HC under Art. 227 of Constitution of India: Can an interlocutory order of a Commercial Court be challenged in High Court? Del HC explains

Delhi High Court: Amit Bansal, J., decided under whether the High Court under Article 227 of the Constitution of India can interfere

Case Briefs High Courts

Importance of ‘consideration’ cannot be belittled: Del HC explains the significance of consideration in enforceability of an ‘Agreement’

Delhi High Court: “It is the consideration which puts enforceability in the agreements to make promises legally binding”, Asha Menon, J., stated

Case Briefs Supreme Court

No borrower can claim benefit of One Time Settlement Scheme as a right; Can’t encourage dishonest borrowers: SC

“If it is held that the borrower can still, as a matter of right, pray for benefit under the OTS Scheme, in that case, it would be giving a premium to a dishonest borrower.”