Case Briefs Archives

Gau HC | Parties agreeing to rate of Compensation at argument stage, Tribunal granting compensation accordingly, held, the judgment will be a consent decree

Gauhati High Court: Rumi Kumari Phukan, J., held that if the amount of compensation has already been agreed in a compensation claim,

Case Briefs High Courts

Del HC on ‘Dying Declaration’ of a woman set ablaze by the husband: Conviction of Murder upheld

Delhi High Court: While upholding the decision of Trial Court, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., reiterated that dying

Case Briefs High Courts

Custody of minor child, can it be determined on basis of work commitment of one parent and availability of ample time with another? Bom HC decides while determining question of custody, visitation rights and more

Love and affection of both parents is considered to be the basic human right of a child.

Case Briefs High Courts

Raj HC directs State to take necessary steps for constitution of Rajasthan State Commission for Women as mandated by S. 3 of Rajasthan State Commission for Women Act, 1999

Rajasthan High Court: A Division Bench of Manoj Kumar Garg and Sangeet Lodha JJ. directed State to take necessary steps for constitution

Case Briefs Supreme Court

‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt

“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”

Case Briefs High Courts

Kar HC | A custody case of a toddler between a genetic mother and a foster mother; principle of ‘distributive justice’ not to be applied; Yashoda Maa and Devaki Maa finds reference in judgment

Karnataka High Court: Krishna S. Dixit J. disposed off the petition and remarked “there is & shall be no cause of action

Case Briefs High Courts

Tri HC | There is a duty to make a clean disclosure while applying for compassionate appointment; Court dismisses petition

Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., dismissed a petition which challenged an order passed

Case Briefs Supreme Court

Supreme Court on ‘Bogus Donations’ made to Trust: Delves to know whether registration under S. 12AA of Income Tax Act was being misused or not

Supreme Court of India: Noting the donations being made to the Trust to be ‘bogus donations’ Bench of Uday Umesh Lalit and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | If the issue was not argued during hearing and while dictating the order in the open court, can it be raised later for rectification? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ashok Jindal (Judicial Member) and P.V. Subba Rao (Technical Member) dismissed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Unhesitatingly’ decides the ‘unsustainability’| Nominee Director reminded of the not so nominal duties| Held: ‘Controlling by votes’ is ‘Controlling interest’

National Company Law Appellate Tribunal-The Coram of Justice M. Venugopal, Acting Chairperson and Kanthi Narahari, Technical Member while concurring with the adjudicating

Case Briefs High Courts

Raj HC | State Government directed to appoint the Chairperson and the Members of the Rajasthan State Commission for Women

Rajasthan High Court: The Division Bench of Sangeet Lodha and Manoj Kumar Garg, JJ., dealt with the petition which was filed by

Case Briefs Supreme Court

‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case

“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”

Case Briefs High Courts

J&K and Ladakh HC | Appeal filed without annexing decree sheet passes admission stage due to lapse on the part of Court Registry; Will the appeal survive? HC decides

Jammu & Kashmir and Ladakh High Court: Ali Mohammad Magrey, J., held that once an appeal is duly entertained without the production

Case Briefs Supreme Court

Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules

“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”

Case Briefs High Courts

Is it proper to invoke S. 482 CrPC for quashing Magistrate’s order in a proceeding under S. 12 r/w S. 23 of Domestic Violence Act on the point of maintainability? Cal HC determines

Calcutta High Court: Bibek Chaudhari, J., considered the question as to whether Section 482 CrPC is applicable in relation to an application under

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Registration of a Religious or Charitable Trust under S. 12AA of Income Tax Act | On what basis is registration granted or denied to Trust? Read on

Income Tax Appellate Tribunal (ITAT): The Bench of Inturi Rama Rao (Accountant Member) and Partha Sarathi Chaudhary (Judicial Member), decided whether registration

Case Briefs Supreme Court

Explained| Law on grant on bail in NDPS cases

Supreme Court: The bench of Dr. DY Chandrachud* and BV Nagarathna, JJ has elaborately discussed the principles governing the grant of bail,

Case Briefs High Courts

Kar HC directs State Government to provide text books in Braille for all special children (visual disabilities) positively within a period of 15 days from the date of order

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

Case Briefs High Courts

Ker HC | Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states

“Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise”

Case Briefs High Courts

Did Sourav Ganguly play with the ‘System’? Cal HC pens down its decision in illegal allotment of plot to cricketer against State’s land allotment policy

Calcutta High Court: Opining that “process of applying the pick and choose a policy and making allotments at the whims and fancies