Case Briefs Archives

Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC

Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ

Case Briefs High Courts

[Elgar Parishad Case] Bombay High Court grants default bail to activist Sudha Bhardwaj

Bombay High Court: The Division Bench of S.S. Shinde and N. J. Jamadar, JJ., granted bail to activist Sudha Bhardwaj after three

Case Briefs High Courts

For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides

Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording

Case Briefs High Courts

Kar HC | Excepted/excluded matters in arbitration agreement cannot be referred to resolution by way of arbitration

Karnataka High Court: SR Krishna Kumar, J., disposed of the petition and directed the petitioner-company to avail such remedies as available in

Case Briefs Tribunals/Commissions/Regulatory Bodies

Completion Certificate issued prior to commencement of The Real Estate (Regulation and Development) Act, 2016: Will buyer’s case be maintainable? Read on

Odisha Real Estate Regulatory Authority, Bhubaneswar: Siddhanta Das, Chairperson, Pradeep Kumar Biswal, Member – I and Ramanath Panda, Member – II held

Case Briefs High Courts

Kar HC | Anticipatory bail granted for carrying ‘ambergris’ also known as the “floating gold” prohibited under Wildlife Protection Act, 1972

Karnataka High Court: K. Natarajan J. allowed the criminal petition and directed the respondent IO to release the petitioner-accused 1 on bail.

Case Briefs Supreme Court

Explained| When does the intention to cause death becomes irrelevant to prove an offence under Section 300 “Thirdly” IPC?

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that once the prosecution establishes the existence of

Case Briefs High Courts

Stamp Duty correctly payable on instruments typical in Redevelopment Projects: Bom HC to decide

Bombay High Court: The Division Bench of G.S. Patel and Madhav J. Jamdar, JJ., considered petitions which raised questions about the interpretation

Case Briefs High Courts

MP HC | Not providing sufficient time to produce acquittal orders, violation of natural justice; Court allows petition quashing Externment order

Madhya Pradesh High Court: Subodh Abhyankar, J., allowed a writ petition which was filed against the order of externment wherein the respondent

Case Briefs High Courts

Ker HC | Husband harasses wife, portrays her as a psychiatric patient; HC slams Child Right Commission for directing psychiatric treatment of wife without any medical assessment

Kerala High Court: The Division Bench of K.Vinod Chandran and C.Jayachandran, JJ., slammed the Kerala State Commission for Child Rights for directing

Case Briefs Supreme Court

‘Bombay HC has “virtually” acquitted Chota Shakil aid of MCOCA charges at interim relief stage’; SC sets aside bail order; directs immediate surrender

Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man

Case Briefs Supreme Court

Parties can’t play fraud with the Court by suppressing details of related previous or ongoing legal proceedings: SC

Supreme Court: In a case where the party, in a subsequent petition seeking same relief, had not disclosed the filing of the

Case Briefs Supreme Court

Determination of Pension to be governed by the rule as it existed at the time of joining or the rule in force at the time of retirement? SC answers

“Discrimination, which is not based on any reasonable classification, is violative of all canons of equality enshrined in the Constitution of India.”

Case Briefs District Court

Daughter of a coparcener will also be a coparcener in Hindu Undivided Property? Tis Hazari Courts decides where father died before coming into force of 2005 Amendment to S. 6

Tis Hazari Courts, Delhi: Kirandeep Kaur, Civil Judge – 05, discussed the legal position on a coparcener’s daughter also being a coparcener

Case Briefs High Courts

Daughters as Co-parceners | S. 6 of Hindu Succession Act prevails over S. 29-A inserted by Maharashtra Amendment; wasn’t necessary for Parliament to repeal S. 29-A: Bom HC

Bombay High Court, Bench at Aurangabad: Vibha Kankanwadi, J., while addressing a matter revolving around the property, observed that, Article 254 of

Case Briefs Supreme Court

SC awards 30 years RI to man who killed 2 brothers & nephew; Finds imposition of death penalty on the day of conviction itself, wrong

Supreme Court: In a case where the trial court had convicted the accused and imposed death penalty on the very same day,

Case Briefs High Courts

J&K and Ladakh HC | Mandatory Vehicle Location Tracker and insertion of Panic button; HC directs government to ensure effective implementation of Rule 125-H of MV Rules

Jammu & Kashmir and Ladakh High Court: The Division Bench comprising of Dhiraj Singh Thakur and Mohan Lal, JJ., directed the Union

Case Briefs Supreme Court

Explained| Can proceedings against a charge-sheeted accused be quashed if other suspects have not been charge-sheeted?

Supreme Court: The bench of MR Shah and BV Nagarathna, JJ has held that merely because some of the persons who might

Case Briefs High Courts

Rape by person claiming to have supernatural powers: Bom HC upholds conviction under S. 376 IPC, observes blind faith is real driver in such cases

Bombay High Court: C.V. Bhadang, J., while addressing the matter with regard to rape committed by a person claiming to have supernatural

Case Briefs Supreme Court

Right to promotion is not considered to be a fundamental right but consideration for promotion has now been evolved as a fundamental right: Supreme Court

Supreme Court: The 3-Judges Bench comprising of D.Y. Chandrachud, Vikram Nath* and B.V. Nagarathna, JJ., set aside the seniority list prepared by