Case Briefs Archives

Ker HC | Absence of salutation like M/s, Mr or Miss while drawing a cheque is immaterial for offence under S. 138 of NI Act; HC sets aside the acquittal, directs Trial Court to re-address the issue

Kerala High Court: Gopinath P., J., held that adding or omitting prefix like M/s, Mr And Mrs. while drawing the cheque is

Case Briefs Supreme Court

Anticipatory bail to an absconder? Supreme Court says no!

Supreme Court: In a case where the Patna High Court had granted anticipatory bail to an absconder, the bench of MR Shah*

Case Briefs High Courts

Law on Maintenance | Father having to bear expenses of other dependents can ignore from sharing equal responsibility of son’s educational expenses? Bom HC elaborates

Bombay High Court: Expressing that mother and father are equally responsible to equally share the education expenses of the child, Division bench

Case Briefs High Courts

Utt HC | Once a concession was made by the State before the Supreme Court, the State is equally bound by the said concession; Court dismisses appeal

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., dismissed an appeal which was filed

Case Briefs High Courts

Law on Article 12 of Constitution of India | World Bank a Government Agency or not? Del HC decides

Delhi High Court: Deciding the issue of whether World Bank is a government agency or not, the Division Bench of Vipin Sanghi

Case Briefs High Courts

Kar HC directs State to ensure that no display boards, unauthorized advertisements, hoardings in respect of various Government projects are to be displayed in public places

Karnataka High Court: A Division Bench of Satish Chandra Sharma, CJ and Sachin Shankar Magadum, J. directed State Government to ensure that

Case Briefs High Courts

Sikk HC | Court issues directions in PIL filed complaining Army personnel locking army area and barring residents from using footpath

Sikkim High Court: The Division Bench of Biswanath Sommader, CJ. and Meenakshi Madan Rai, J., decided on a petition which had been

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Where lesser age is recorded in school certificate than the actual age; correct date of birth will be the one recorded by the parents in service records

Armed Forces Tribunal: Resolving a date of birth related controversy, the Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay

Case Briefs Supreme Court

IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”

Case Briefs High Courts

Sikk HC | Second appeal is maintainable if only the case involves a substantial question of law; Court dismisses appeal

Sikkim High Court: Bhaskar Raj Pradhan, J., dismissed the second appeal explaining that the second appeal is maintainable before the High Court

Case Briefs High Courts

Pat HC | Can a person be convicted for murder solely on the evidence gathered by the police sniffer dog? Court answers

Patna High Court: Noticing discrepancies in the Trial the Division Bench of Ashwani Kumar Singh and Anil Kumar Sinha, JJ., acquitted a

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether refund claim under R. 5 of CCR can be rejected on the ground that appellant did not debit amount of refund claimed at the time of filing refund claim, but have debited such amount subsequent to the filing of refund claim but before adjudication?

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal which was filed bearing the issue as

Case Briefs High Courts

Ker HC | “There is gulf of difference between consent and submission”; HC affirms conviction of person accused of raping his own daughter

Kerala High Court: R. Narayana Pisharadi, J., confirmed the conviction of person accused of raping his own daughter. Rejecting the defence that

Case Briefs Supreme Court

Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC

Supreme Court: In a major development in the Gauri Lankesh murder case, the bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,

Case Briefs District Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Case Briefs High Courts

Pat HC | “Whether the firm was a partnership or proprietorship would be answered by way of a declaration in a proper constituted suit”; HC dismisses appeal seeking misguided relief

Patna High Court: The Division Bench of Sanjay Karol, CJ., and S. Kumar, J., denied to entertain an intra-court appeal against the

Case Briefs High Courts

Tri HC | Special Investigation Team constituted to conduct fair investigation in case of mob lynch of ST member; Court issues directions

Tripura High Court: The Division Bench of Akil Kureshi, CJ and S.G. Chattopadyay, J., decided in a petition which was filed by

Case Briefs High Courts

Ori HC | Whether the Commissioner/Director, Consolidation can entertain the petition at any point of time, where no period of limitation has been prescribed for invoking jurisdiction under S. 37 of the OCH & PFL Act?

Orissa High Court: A Division Bench of S K Mishra and Savitri Ratho, JJ., answered both the questions posed before it elaborately.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability

Case Briefs Supreme Court

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”