Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | On not finding flaws in the NCLT order, abstains from interfering- Petitioner not being authorised under S.7 IBC, lacks locus standi

National Company Law Appellate Tribunal (NCLAT)- The Coram of Justice Jarat Kumar Jain (Judicial Member), Ashok Kumar Mishra (Technical Member), and Alok

Case Briefs Supreme Court

“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., held that strict Rules Of Evidence do not apply

Case Briefs High Courts

ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Principle of unjust enrichment wrongly invoked by the Commissioner in case of provisional assessment; Court allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the order of

Case Briefs High Courts

[Fake Lawyer] Ker HC | “If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole judicial system”; HC dismisses bail application of infamous fake lawyer

Kerala High Court: Shircy V., J., dismissed the bail application of one Sessy Xavier, the infamous fake lawyer. The Bench stated, “The

Case Briefs Supreme Court

No more Tareekh pe Tareekh! Repeated adjournments break the back of the litigants; kill justice: Supreme Court

“Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged.”

Case Briefs Supreme Court

Stalker consumes poison in front of a girl’s house. Can she be tried for abetment of suicide? SC answers

‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing.

Case Briefs Supreme Court

“The question is of trust”. No matter how trivial the case, suppression of fact of conviction can lead to termination from service: Supreme Court

When a candidate suppresses material information and/or gives false information, the choice/option whether to continue or not to continue such an employee always must be given to the employer.

Case Briefs Supreme Court

‘False defence no ground to convict if chain of circumstantial evidence is incomplete’. 10 years after wife’s death, SC sets man free

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that when the chain of circumstantial evidence is

Case Briefs Supreme Court

Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?

Supreme Court: In an important ruling on Res Judicata, the 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and Hima Kohli, JJ

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether S. 7 IBC petition is maintainable where financial creditor fails to enclose financial contract/documents along with the petition: NCLT examines

National Company Law Tribunal (NCLT): Coram of Judicial Member Ashok Kumar Borah and Technical Member Shyam Babu Gautam has admitted a petition

Case Briefs High Courts

Priest of Temple commits penetrative sexual assault on young girl: Ker HC observes which God would accept obeisance and offerings of such Priest or make him a medium?

Kerala High Court: Expressing, “When a man abandons his wife and children, roving vultures wait to prey on not only the abandoned

Case Briefs High Courts

Ori HC | Discretion not to be exercised in blanket form which may otherwise lead to improper exercise of such power and will frustrate object of grant of compensation under Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2020

Orissa High Court: K. R Mohapatra J. allowed the appeals and directed to disburse the awarded amount by liquidating the fixed deposits,

Case Briefs High Courts

Whether Minimum Wages Act, 1948 will be applicable to a ‘Math’? In what circumstances can State be permitted to interfere? AP HC explains

Andhra Pradesh High Court: Opining that, a Math, which is a separate institution rendering certain religious and other functions pertaining to a

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | In last meeting of CoC, unreasonable pushed in ‘success fee’ appears like an afterthought-Affirms proportionate distribution

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice A.I.S. Cheema, Officiating Chairperson and Alok Srivastava, Technical Member while dismissing an

Case Briefs Foreign Courts

Pak SC | “Courts around the globe have a role to play in reducing effects of climate change for our generation and for generations to come”, Notification banning establishment and expansion of existing cement plants in “Negative Area” challenged; Court dismisses petition explaining environmental concerns

Supreme Court of Pakistan: The Division Bench of Manzoor Ahmad Malik and Syed Mansoor Ali Shah, JJ., heard petition which arose from

Case Briefs High Courts

Jhar HC | S. 106 of the Factories Act is of mandatory nature, courts cannot condone delay; Says HC

Jharkhand High Court: Sanjay Kumar Dwivedi, J., held that Section 106 of the Factories Act is mandatory in nature and the Courts

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Model receives haircut not as per her instructions and then faces medical negligence due to a treatment provided by Salon on her scalp | Leads to losing job, model assignment and mental trauma: Salon at ITC Maurya, guilty or not? NCDRC’s striking decision

National Consumer Disputes Redressal Commission (NCDRC): Expressing that “Women are emotionally attached to their hair” Justice R.K. Agarwal (President) and S.M. Kantikar

Case Briefs Supreme Court

Law on rejection of plaint under Order VII Rule 11 of CPC as explained by the Supreme Court

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has lucidly explained the law on rejection of plaints under Order VII Rule 11 of CPC

Case Briefs High Courts

“Necessary to read mind of offender and not consider offence devoid of emotions”: Bom HC acquits accused of offence under S. 302 IPC rather convicts under S. 304 Part I IPC

Bombay High Court: Convicting a person under Section 304 Part I of Penal Code, 1860 Division Bench of Sadhana S. Jadhav and