Case Briefs Archives

MP HC | Recovery of interest not justified as benefit of increment was faulty at the part of the department; Court partly allows appeal

Madhya Pradesh High Court: Subodh Abhyankar, J., partly allowed a petition which was filed aggrieved whereby respondent 3 had initiated the recovery

Case Briefs High Courts

Law on Arbitration | What is the remedy against an order allowing application under S. 8 of Arbitration Act, where existence of arbitration clause is not disputed? Del HC discusses

Delhi High Court: Amit Bansal, J., dismissed a petition challenging the order passed by the lower court whereby respondent’s application under Section

Case Briefs High Courts

P&H HC | Merely informing accused he has a right without specifying the same is not enough to meet requirements of S. 50(1) of NDPS Act

Punjab and Haryana High Court: B.S. Walia, J., held that merely informing that accused has rights under the NDPS Act, without specifying

Case Briefs High Courts

Consumer Protection | Whether service provided by doctors in lieu of fees is beyond purview of Consumer Protection Act 2019? Bom HC answers

Bombay High Court: Holding that mere repeal of the Consumer Protection Act, 1986 by the 2019 Act, without anything more, would not

Case Briefs High Courts

Bom HC | In absence of documentary evidence, can monthly income of deceased be determined as notional income for purpose of determining compensation under MV Act? Explained

Bombay High Court: Noting that the Motor Accident Claims Tribunal Member did not properly determine just and proper compensation, V.M. Deshpande, J.,

Case Briefs High Courts

Hurting Religious Feelings | Turban an essential religious symbol: Photographing an elderly person in injured condition without turban and circulating it on social media: Is it an offence? P&H HC decides

Punjab and Haryana High Court: Noting the incident of prima facie hurting of religious feelings, Anupinder Singh Grewal, J., dismissed the anticipatory

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Law on Force Majeure | Builder taking shelter of “Force Majeure” clause for delay in handing over possession: Justified or not? Read what NCDRC says

National Consumer Disputes Redressal Commission (NCDRC): Expressing that the builder cannot take shelter of “Force Majeure” while delay in handing over possession

Case Briefs High Courts

Del HC on Private individuals subjected to assault by Policemen: Law does not permit people to be beaten-up in police custody or during interrogation

Delhi High Court: While addressing a very unfortunate incident of police assault, Najmi Waziri, J., expressed that Let no one have to

Case Briefs District Court

Trademark Infringement suit filed by Bennett Coleman partly disposed of by Tis Hazari Courts after defendants pay damages of Re 1, reach settlement

Tis Hazari Court: Man Mohan Sharma, District Judge, partly disposed of a trademark infringement suit filed by Bennett Coleman and Co. Ltd.,

Case Briefs Supreme Court

Not wise to shift burden of proof on accused merely because of rampant increase in henious crimes; SC acquits man in a 2009 dacoity case

“The acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent.”

Case Briefs High Courts

Utt HC | State directed to release the arrears of the deceased-in harness in the favour of the family along with interest

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Sanjaya Kumar Mishra, J., allowed a petition which was filed

Case Briefs High Courts

Telangana HC | Know the 9 directions that Police Officers have to follow on finding vehicle being driven under influence of alcohol [Detailed Directions]

Telangana High Court: K. Lakshman, J., while addressing a very pertinent issue expressed that, Intention of the Legislature is to reduce the

Case Briefs

CESTAT | Can refund of the IGST paid on the imported goods be demanded when there is no intention to take release of goods? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S. (Judicial Member) allowed an appeal brief facts of which were that

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will hostel facility which is incidental to providing education as per object of assessee be a charitable purpose exempted under S. 11 of Income Tax Act? ITAT answers

Income Tax Appellate Tribunal (ITAT): Coram of Anil Chaturvedi (Accountant Member) and Suchitra Kamble (Judicial Member) allowed the appeal filed by the

Case Briefs High Courts

[VAT] Kar HC | ‘Common parlance test, ‘Marketability test’ are tools for interpretation to arrive at a decision on proper classification of a tariff entry

Karnataka High Court: A Division Bench of S. Sujatha and Ravi V Hosmani, JJ., allowed the revision petition and set aside the

Case Briefs High Courts

Raj HC issued directions to provide a pan-Rajasthan solution for persisting problem of encroachment on the land of public way, johar paitan, river bed etc.

Rajasthan High Court: A Division Bench of Vinit Kumar Mathur and Sangeet Lodha, JJ., disposed of the petition and issued directions to

Case Briefs High Courts

Del HC | Materialistic attitude of husband considering wife as cash cow: Is it a ground to dissolve marriage? Read to know

Delhi High Court: The Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., noted in a matrimonial matter that the wife was

Case Briefs Tribunals/Commissions/Regulatory Bodies

Consumer Protection | Under what circumstances will a person cease to be a consumer? Significance of indulging in commercial activities by buying and selling property: Explained

National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice Deepa Sharma (Presiding Member) and Subhash Chandra (Member)directed a full refund of the

Case Briefs High Courts

13-years of long fight, yet State’s investigation unsatisfactory: Whether exemplary costs to a wife fighting for a decade to secure her missing husband’s presence would be granted or not? Read Bom HC’s decision

Bombay High Court: While noting the failure of State Machinery in securing the presence of a person for 13 years, Division Bench

Case Briefs Supreme Court

SC not pleased with Raj HC granting bail merely by “keeping in view the facts and circumstances of the case”; says Courts must record reasons

Supreme Court: In a case where Rajasthan High Court had granted bail by merely “keeping in view the facts and circumstances of