Case Briefs Archives

Chh HC | “Sexual intercourse by husband would not constitute an offence of rape even if it was by force or against her wish”; Can a wife initiate proceedings against her husband for unnatural sex under S. 377 IPC?

Chhattisgarh High Court: N K Chandravanshi, J. partly allowed the revision petition by discharging the applicant of charge under Section 376 Penal

Case Briefs Supreme Court

Does State Employer has the choice on who should enter its service? Supreme Court decides

Supreme Court: The Bench of K.M. Joseph and S. Ravindra Bhat, JJ. while addressing the matter, observed that, Public service – like

Case Briefs Supreme Court

Is there a cut-off date under Para 11(3) of the Employees’ Pension Scheme? Larger bench to decide. Read why RC Gupta verdict needs to be re-visited

Supreme Court: The bench of UU Lalit and Ajay Rastogi, JJ has referred the question as to whether there would be a

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On not finding any justifiable reason to revoke interim ex-parte order, continues to stand–Protects the interests of investors

Securities and Exchange Board of India (Sebi): Madhabi Puri Bach, Whole Time Member, on not finding any justifiable reason to revoke or

Case Briefs High Courts

Madras HC on Reservation | Whether 10 % reservation of Economically Weaker Section can be provided in All India Quota medical seats without SC’s approval? Detailed Record

Madras High Court: The Division Bench of Sanjib Banerjee, CJ and P.D. Audikesavalu, J. while addressing the contempt petition, expressed that, Merely

Case Briefs High Courts

Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision

Delhi High Court: Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same

Case Briefs High Courts

J&K and Ladakh HC | Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Sharaya Bano’s case null and void? HC answers

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the judgment of Shayara Bano v. Union of India,(2017) 9

Case Briefs High Courts

Tri HC | Mere honesty and admission of charge are not the grounds for tempering with the order passed by disciplinary authority; Court dismisses appeal

Tripura High Court: Akil Kureshi, CJ., dismissed a petition which was filed challenging an order passed by the Director of Elementary Education

Case Briefs High Courts

Ker HC | Syllogistic scope of Ss. 11(5) and 11(6) of the Arbitration Act, 1996; HC unclouds the line

Kerala High Court: Devan Ramachandran, J., held that parties to arbitration cannot nominate the arbitrator even if the Arbitration Agreement provides so.

Case Briefs High Courts

Chh HC | “Petitioners’ status is that of a Guest Lecturer but that does not mean that they do not have any right”; Protection granted to contractual Guest Lecturer from being replaced by another set of Guest lectures

Chhattisgarh High Court: P. Sam Koshy, J. held that protection granted to the petitioner will not preclude the State Government from going

Case Briefs Supreme Court

Economic criterion cannot be sole basis of identifying ‘creamy layer’ amongst backward classes: SC strikes down 2016 Notification issued by Haryana Govt.

Supreme Court: A Division Bench of L. Nageswara Rao and Aniruddha Bose, JJ., quashed the notification dated 17-8-2016 issued by State Government

Case Briefs High Courts

Del HC | Proceedings against Subway Systems (India) dropped in anti-profiteering case against franchisee

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ. directed that proceedings against Subway Systems (India) Private Ltd. be

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | ‘The moment a pre-existing dispute is established, IBC disenthralls itself’– Dismisses Application

National Company Law Tribunal, New Delhi: The Coram of Abni Ranjan Kumar Sinha, (Judicial Member) and L.N. Gupta (Technical Member) dismissed an

Case Briefs High Courts

Utt HC | Right to promotion is not a vested right, however, right to be considered for promotion is a FR; Court issues directions to the State

Uttaranchal High Court: The Division Bench of Manoj Kumar Tiwari and Alok Kumar Verma, JJ., heard and disposed of a petition which

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Opening Pandora’s Box | Whether valuation of lost gold can be determined as on date when reimbursement is made by insurer? NCDRC determines

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the appeal, expressed that: If the valuation of the lost

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Without going into merits, adjudication proceedings abated considering the death of the Noticee

Securities and Exchange Board of India (SEBI): Prasanta Mahapatra, Adjudicating Officer, was of the view that the adjudication proceedings against the Noticee

Case Briefs High Courts

Kar HC | “Supplementary charge sheet is only an additional material collected against the accused persons”; S. 167(2) CrPC not applicable on supplementary charge sheets filed

Karnataka High Court: Rajendra Badamikar, J., dismissed the petition being devoid of merits. The factual matrix of the instant case is that

Case Briefs High Courts

Sikk HC | Court directs State to examine grievances; ensuring proper implementation of NFSA, 2013

Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari and Bhaskar Raj Pradhan, JJ., heard a petition which was filed seeking

Case Briefs High Courts

Provisions of DV Act cannot be used as a ploy by son, to either claim a right in his father’s property or continue to retain possession of father’s property, on strength of his wife’s right of residence: Del HC

Delhi High Court: Prathiba M. Singh, J. while addressing the matter, expressed that “…in the opinion of this Court, all cases of

Case Briefs Tribunals/Commissions/Regulatory Bodies

While seeking a refund of amount from builder, will he be liable to pay amount paid as EMIs towards loan sanctioned? Read detailed report on DSCDRC’s decision

Delhi State Consumer Disputes Redressal Commission (DSCDRC): Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member)ordered the builder to