Case Briefs Archives

Ori HC | Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and wilful neglect but also on account of possessor’s positive intent to dispossess-one

Orissa High Court: D. Dash J. dismissed the second appeal being devoid of merits. The Appellant filed the instant appeal under Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Debt acknowledged in emails, CIRP initiated resultantly-Appoints IRPM and declares moratorium

National Company Law Tribunal, New Delhi Bench, New Delhi –The Coram of P.S.N Prasad, Judicial Member and Narender Kumar Bhola, Technical Member

Case Briefs High Courts

[RTI] HP HC | Birth and Death Register are public documents and admissible under S. 35 of the Indian Evidence Act, 1872; To be given even if asked on a simple paper

Himachal Pradesh High Court: Tarlok Singh Chauhan J. directed all the Panchayat Secretaries in the State of Himachal Pradesh to provide death

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | GDR| Catches the principal architect in activation & orchestration of the fraudulent scheme –Leaves one being ‘under liquidation’, rest restrained from accessing the market

Securities and Exchange Board of India (SEBI)-G Mahalingam, Whole Time Member, restricted the entities from the securities market, involved in the fraudulent

Case Briefs Supreme Court

Not ‘honourably’ acquitted in a case? Employer can’t be compelled to give appointment: SC. [“Honourable acquittal” defined]

Supreme Court: In a case where a man, after being acquitted in a kidnapping case, had applied for the post of Constable

Case Briefs High Courts

When can Court invoke its Power to effect an attachment under Or. 38 R. 5 of Civil Procedure Code? Madras HC decides

Madras High Court: G. Jayachandran, J., with the lens of this decision addressed the Power under Order XXXVIII, Rule 5 of the

Case Briefs District Court

Person was minor at the time of execution of sale deed, will registration of sale deed be invalid? Read detailed verdict on property dispute

South East, Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge, decided a suit with respect to partition and permanent injunction.

Case Briefs High Courts

Arbitral Award and Patent Illegality: Del HC’s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor’s report

Delhi High Court: The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., while addressing a matter with regard to the arbitral

Case Briefs Supreme Court

“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces

“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Deducing from the acts and the tactics of the corporate debtor failing the test of legality, initiates CIRP

National Company Law Tribunal, Mumbai Bench, Mumbai- The Coram of Ashok Kumar Borah, Judicial Member, and Shyam Babu Gautam, Technical Member while

Case Briefs High Courts

Court’s interference in regard to arbitral awards: Limited or Not? Del HC explains with the view taken by SC decision

Delhi High Court: On finding no ground for interference in the arbitral award, Anup Jairam Bhambhani, J., upheld the decision of Single

Case Briefs Supreme Court

Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC

‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.

Case Briefs High Courts

MP HC | Whether the accused can be allowed to languish in jail or not when the prosecution itself is not in a position to provide DNA test report? Court answers

Madhya Pradesh High Court: G.S. Ahluwalia, J., allowed a bail application which had been filed in connection with Crime No.337/2020 registered by

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Does not find any fault in the coda but questions the agenda | Accepts CBI’s closure report but questions the investigation

Central Bureau of Investigation (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while accepting the closure report questioned the delayed investigation by the

Case Briefs High Courts

Physical Presence v. Video Conference | Physical Presence for registration of marriage under Delhi (Compulsory Registration of Marriage) Order, 2014, a necessity? Delhi HC decides

Delhi High Court: While addressing a request for registration of marriage without requiring the physical presence of the couple, Rekha Palli, J.,

Case Briefs

Tax liability of a power generator (which also manufactures sugar) supplying electricity to a distributor, whether a Question of law or of fact? Supreme Court clarifies

Whether the State had the legislative competence to levy duty on the sale of electricity to an intermediary distributor is a question of law.

Case Briefs High Courts

Son-in-law and his right on Father-in-laws property | Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides

Kerala High Court: N. Anil Kumar, J., decided a matter wherein the son-in-law claimed his right on father-in-law’s property while pleading that

Case Briefs Supreme Court

Dowry Death| Absconding mother-in-law’s alleged ‘key role’ not at par with deceased’s brother-in-law. Bail cancelled: Supreme Court

The Investigating Agency, deserves a free hand to investigate the role of the Respondent-Mother-in-law, if any, in the unnatural and untimely death of her daughter in-law.

Case Briefs High Courts

Gau HC | “Illegal detention or kidnapping is a pre-requisite for invoking writ of habeas corpus”; HC holds habeas corpus doesn’t apply on missing cases

Gauhati High Court: Kalyan Rai Surana, J., held that the writ of habeas corpus cannot be invoked unless there is an allegation

Case Briefs High Courts

Contribution for renovation to father’s self-acquired property a ground to not being evicted ? Here’s what P&H HC opined while deciding on Eviction Order for Son and Daughter-in-law

Punjab and Haryana High Court: Expressing that when the children, who the parents have reared with untold sorrows and miseries, throw them