Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Refusal to sign Form FA- A material irregularity but the other relevant considerations to not initiate CIRP gains primacy-Abuse of process obviated

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

Case Briefs Supreme Court

Mere legal principles not sufficient in medical negligence cases: SC absolves doctor and hospital of liability for medical negligence

Supreme Court: A Division Bench comprising of Hemant Gupta and A.S. Bopanna, JJ. absolved a doctor and a hospital of liability for

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is demand of service tax of reverse charge basis in respect of commission to a foreign entity valid? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Raju (Technical Member) partly allowed an appeal which was field against the demand of

Case Briefs

Explained| Income Tax: Are you obliged to maintain separate accounts for different types of funds held by you?

Supreme Court: In a case where the assessee had not kept their interest free funds in separate account and as such had

Case Briefs Supreme Court

Interest free funds not kept in separate account. Can proportionate disallowance on interest under Section 14A of IT Act be allowed? SC explains

“… in taxation regime, there is no room for presumption and nothing can be taken to be implied.”

Case Briefs High Courts

Jhar HC | Mere holding ticket for passenger train will not suffice purpose to declare deceased not a bonafide passenger under S. 2 (29) in a benevolent legislation like Railways Act, 1989; Contrary evidence must

Jharkhand High Court: Kailash Prasad Deo J. allowed the appeal and directed respondent-Railway to pay a sum of Rs 8 Lacs in

Case Briefs Supreme Court

“There is a disturbing tendency of courts setting aside arbitral awards …”: SC upholds arbitration award of Rs 2728 crore plus interest in favour of Delhi Airport Metro Express (P) Ltd.

Supreme Court: A Division Bench comprising of L. Nageswara Rao and S. Ravindra Bhat, JJ. upheld the arbitral award of Rs 2782.33

Case Briefs High Courts

Kar HC | Freezing of Bank accounts by investigating authorities would adversely affect right to life under Art. 21 of the Constitution of India

Karnataka High Court: Mohammad Nawaz J. allowed the petition and defreezes the bank accounts subject to a bank guarantee. The facts of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Intention of Legislature, deliberation of the Adjudicating Authority | Only permits Suspended Management of the CD to submit viable RP-Affirms

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Discounts offered by car manufacturers to their dealers for onward transmission to corporate customers taxable? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of CJ Mathew (Technical Member) and Ajay Sharma (Judicial Member), allowed an

Case Briefs High Courts

Madras HC on setting up Benches of Supreme Court: An Indian, from a far-flung corner, has been unable to approach great Citadel of Justice, hailed as the ‘sentinel on the qui vive’

Madras High Court: Observing that, Litigants are compelled to accept the wrong orders in view of inaccessibility to New Delhi and the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Till further orders’, not in order — No bar in merging unhealthy company with healthy company to succour

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

Case Briefs High Courts

Tri HC | To determine emergent and immediate exigencies, authorities concerned must be rationale; Court allows petition of reimbursement of medical bills of judicial officer and wife

Tripura High Court: Arindam Lodh, J., allowed a petition which was filed against the rejection of his application for reimbursement of medical

Case Briefs Supreme Court

If public transportation has to survive and compete with private players, they have to improve system and their working culture | Read SC’s opinion on liability of railways towards passengers for delayed train arrival

Supreme Court: While addressing the matter wherein a passenger suffered loss and agony due to delay in the arrival of train, M.R

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Off the hook from ‘SEBI’S SCORES’-Prosecution already initiated before Court of Special Economic Offences-No further directions necessitated

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, did not find it suitable to pass any further directions

Case Briefs High Courts

Del HC | Under Pension Rules, if a Government Servant seeks voluntary retirement, he must have completed service of 20 years and may serve notice of 3 months [Comprehensive report on Judicial Assistant seeking Voluntary Retirement]

Delhi High Court: In a matter wherein, a Judicial Assistant sought voluntary retirement, V. Kameswar Rao, J., observed that in view of

Case Briefs Supreme Court

Virtual courts as facet of fundamental right: SC issues notice in writ petition filed by All India Association of Jurists

Supreme Court: A three-Judge Bench of L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. is considering a writ petition seeking to

Case Briefs Supreme Court

SC upholds Govt.’s decision to extend tenure of incumbent Director of Enforcement beyond two years, but orders no further extension to be granted

“There is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two

Case Briefs High Courts

J&K and Ladakh HC | Husband is not a stranger; has every right to protect property of his wife; HC dismisses petition challenging husband’s locus standi

Jammu & Kashmir and Ladakh High Court: Rajnesh Oswal, J., dismissed the petition seeking quashment of the criminal challan for the offences

Case Briefs High Courts

Custodial Violence in Tihar Jail | Remedial action to be taken so that unscrupulous officers at Jail do not take advantage of knowledge of non-working of CCTVs & get away by doing any illegal act

Delhi High Court: While addressing a matter of custodial violence in Tihar Jail, Mukta Gupta, J., stated that: Walls of prison, howsoever