Case Briefs Archives

Where can a petition under S. 125 CrPC be filed? Del HC discusses law on territorial jurisdiction

Delhi High Court: Subramonium Prasad, J., reiterated the law relating to the territorial jurisdiction of the court to entertain a petition under

Case Briefs Supreme Court

Merely having an explicit clause not sufficient to make time the essence of the contract: SC

Supreme Court: On the question as to ‘whether time is of the essence in a contract’, the bench of NV Ramana, CJ*

Case Briefs High Courts

Jhar HC | Specific ingredients must clearly asserted in the notice so that the noticee has an opportunity to explain and defend himself in accordance with S. 74 of JGST Act, 2007

Jharkhand High Court: A Division Bench of Aparesh Kumar Singh and Anubha Rawat Choudhary, JJ., allowed the petition and directed the respondents

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Gross injustice done is a case of mind set and adhering to old junk system”; Tribunal imposes exemplary cost of Rs. 75,000 on government for not implementing the order of the High Court for about 23 years

Armed Forces Tribunal: The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) slammed the Union

Case Briefs High Courts

Jhar HC | “Petitioner cannot be treated as a consumer of bulk supply of electricity”; Term “bulk supply” is confined to energy supplied to industrial units and consumers engaged in mining only

Jharkhand High Court: A Division Bench of Aparesh Kumar Singh and Anubha Rawat Choudhary, JJ., allowed the petition and sets aside the

Case Briefs Supreme Court

Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC

Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge

Case Briefs Supreme Court

Written instruments entitled to much higher degree of credit than parol evidence; Old partnership deed clauses not superseded by new deed will continue to operate: SC

Supreme Court: The 3-Judges Bench comprising of L. Nageswara Rao, Sanjiv Khanna, B.R. Gavai*, JJ., held that when parties deliberately put their

Case Briefs High Courts

If arbitrator becomes functus officio, can provisions under Ss. 14 and 15 of the A&C Act to appoint substitute arbitrator be invoked? Allahabad HC decides

Allahabad High Court: Noting the significance of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, Jayant Banerji, J., expressed

Case Briefs High Courts

Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling

Uttaranchal High Court: Emphasizing on the purpose and object of Section 9 of the Arbitration and Conciliation Act, 1996, Division bench of

Case Briefs High Courts

All HC | Can workman who was employed for particular project be considered employee of the company and given permanent status after project is over? Court answers

Allahabad High Court: Siddhartha Verma, J. reiterated the law laid down by the Supreme Court in Lal Mohammad v. Indian Railway Construction

Case Briefs High Courts

Ker HC | Presence at a Police Station while being under influence of alcohol; will it attract any offence? HC decides

Kerala High Court: Sophy Thomas, J., quashed proceedings against the petitioner who was charge sheeted for being under the influence of alcohol

Case Briefs High Courts

Bom HC discusses law where accused already granted bail but further non-bailable offences are added by prosecution. Read decision

Bombay High Court: Sandeep K. Shinde, J., reiterated the law laid down by the Supreme Court in the case of Pradip Ram

Case Briefs

[Civil Services] SC/ST or OBC candidate selected against unreserved vacancy as a general merit candidate cannot make a grievance for allocation of cadre: SC

“The State has no discretion of allocation of a cadre at its whims and fancies.”

Case Briefs High Courts

MP HC | “To err is human and to forgive is divine”; Court directs advocate to plant and take care of 20 saplings as punishment for contempt of female judge after unconditional apology

Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Anand Pathak, JJ., decided upon a petition which was in reference

Case Briefs High Courts

Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides

Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125

Case Briefs High Courts

Ker HC | “Child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused”; HC acquits father accused of raping his minor daughter

Kerala High Court: The Division Bench of K.Vinod Chandran and C. Jayachandran, JJ., acquitted the father accused of raping his own minor

Case Briefs Supreme Court

HC quashes proceedings based on “draft charge-sheet” yet to be placed before Magistrate! Clear abuse of S. 482 CrPC, holds SC

Supreme Court: In a case where the Gujarat High Court had quashed criminal proceedings at the behest of persons who were not

Case Briefs High Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Case Briefs High Courts

J&K and Ladakh HC | “No law or religion gives a license to a father to harass his daughter”; HC grants protection to run away couple

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., held that it is not open to a father or relatives of

Case Briefs District Court

Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

Saket Courts, Delhi: Swati Gupta, Metropolitan Magistrate (South) NI Act, convicted the accused for an offence under Section 138 (dishonour of cheque)