Case Briefs Archives

Can putting thumb impression instead of sign cause adverse presumption on genuineness of deed. What is proper stage to object regarding mode of proof? SC discusses

Supreme Court: Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., expressed that, Key characteristic of thumb impression is that every person

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Confession of a Company and the sentencing thereafter — Court clears ‘imprisonment and fine’ for a juristic person, construes with practical wisdom

Central Bureau of Investigation, Ghaziabad (CBI): Shivank Singh, Special Judicial Magistrate (CBI) after considering the evidences and the confession made by the

Case Briefs Supreme Court

Overruling versus Reversal: SC explains mere overruling of principles by subsequent judgment will not dilute binding effect of decision inter partes

Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. held that there is a distinction between overruling a

Case Briefs Supreme Court

Rent Act would not come to the aid of a “tenant-in-sufferance” vis-à-vis SARFAESI Act due to operation of S. 13(2) read with S. 13(13) of SARFAESI Act: SC

Supreme Court: The Division Bench of S. Abdul Nazeer and Krishna Murari, JJ., addressed a pertinent issue of whether the rent act

Case Briefs High Courts

MP HC | When can the issue relating to absence of sanction or the order of sanction being a nullity, be raised? Court discusses

Madhya Pradesh High Court: The Division Bench of Prakash Shrivastava and Arun Kumar Sharma, JJ., dismissed a petition in which the issue

Case Briefs High Courts

Ker HC | State government has no power to specify any class of persons as socially and educationally backward; HC stays order specifying Nadars (Christian) as socially and educationally backward

Kerala High Court: P. B. Suresh Kumar, J., held that the State Government has no power to specify any class of persons

Case Briefs High Courts

HP HC | “Bail petition silent about criminal history”; Bail denied due to lack of justification to overcome the rigors of S. 37 of the NDPS Act

Himachal Pradesh High Court: Anoop Chitkara J dismissed the petition and rejected bail to the accused as he was unable to justify

Case Briefs Supreme Court

Explained| How to know if a document is a mortgage or a conditional sale?

Supreme Court: The bench of Hemant Gupta and AS Bopanna, JJ has held that in order to determine whether a document is

Case Briefs High Courts

Bom HC | Principle of “Equal Pay for Equal Work” does not operate in vacuum, it is not a fundamental right but a Constitutional goal depending on several factors

Bombay High Court: The Division Bench of Sunil B. Shukre and Rohit B. Deo, JJ., expressed its view that, The principle “Equal

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Bulldozed ‘Building Restructure Plan’: Orders insolvency instead

National Company Law Tribunal (NCLT): The Coram of Justice R. Sucharitha (Judicial Member) and Anil Kumar B (Technical Member) was of the

Case Briefs Supreme Court

Misbranding of Insecticides: SC enunciates law on limitation period for filing complaints in cases of misbranding punishable under S. 29 of Insecticides Act

Supreme Court: A Division Bench comprising of Navin Sinha and R. Subhash Reddy, JJ. held that the period of limitation for filing

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Change in DoB cannot be claimed as a matter of right merely because the same had been changed in academic records

Armed Forces Tribunal: The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) held that the

Case Briefs High Courts

‘Tragic to note practicing advocates trivialising offence of rape’: Del HC reiterates SC’s stand on whether power under S. 482 CrPC be exercised for quashing offence of rape when parties compromise

Delhi High Court: Subramonium Prasad, J., observed that, Rape is not merely a physical assault; it is often destructive of the whole

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | ZEE insider trading: Interim ex-parte order bars 15 entities

Securities and Exchange Board of India (SEBI): Madhabi Puri Bach, (Whole Time Member) considering the impending danger to the interests of the

Case Briefs High Courts

Ker HC | Mandatory discloser of Father’s name in Birth/Death Certificate is violative of Fundamental Right; HC directs State to provide separate forms for Single Mothers

Kerala High Court: Satish Ninan, J., held that the mandatory requirement for disclosing Father’s name in Birth/Death Certificate was violative of Fundamental

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether the service tax can be demanded on the construction of houses for rehabilitation of poor people under JNNURM? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Anil Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

‘People would be starved of liberty of thought if…’: Know why Bom HC partly stayed IT Rules, 2021

Bombay High Court: The Division Bench of Dipankar Datta, CJ and G.S. Kulkarni, J., while addressing the petitions challenging the IT Rules,

Case Briefs High Courts

“Writ of habeas corpus is a festinum remedium”; All HC rejected issuance of writ at the behest of a husband to regain his wife as no prima facie case of unlawful detention is made out

Allahabad High Court: Yogendra Kumar Srivastava, J., dismissed the petition and rejected the issuance of writ of habeas corpus by a husband

Case Briefs High Courts

MP HC | In India, a girl would not indulge in carnal activities with boys just for enjoyment, unless the same is backed by some future promise; Court denies bail in allegation of rape

Madhya Pradesh High Court: Subodh Abhyankar, J., dismissed a bail application wherein the applicant was implicated for offence punishable under Sections 376,

Case Briefs Supreme Court

Payment of Gratuity Act | Whether 2010 amendment in Gratuity Act contemplating Rs 10 lakhs as amount of gratuity would have retrospective effect?

Supreme Court: The Division Bench of Hemant Gupta and A.S. Bopanna, JJ., addressed whether the 2010 amendment of Payment of Gratuity Act