Case Briefs Archives

[Custodial Death] Utt HC | Fair investigation and fair trial are necessary ingredients of right to life; Court orders transfer in the case of custodial death to CBI

Uttaranchal High Court: Ravindra Maithani, J., decided on a petition which was filed seeking transfer of investigation in the case arising out

Case Briefs Supreme Court

Will a subsequent purchaser who steps into the shoes of an original allottee of a housing project have the same rights as that of the original allottee? SC explains

Supreme Court: The Bench of Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat, JJ., while giving major relief to homebuyers, held

Case Briefs High Courts

[Compassionate Appointment] Raj HC | Denial of compassionate appointment on fathering third child? Court analyzes Rules of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant

Rajasthan High Court: Dinesh Mehta, J., dismissed a petition which was filed aggrieved by the denial of compassionate appointment by communication dated

Case Briefs Supreme Court

Are Courts empowered to grant time to rectify defects in plaint where the plaint had been rejected under Or. 7 R. 11(d)? SC clarifies

Supreme Court: The Division Bench of Dhananjaya Y Chandrachud* and M R Shah, JJ., affirmed the judgment of Bombay High Court wherein

Case Briefs High Courts

Does a forfeiture clause imply that the entire deposit amount can be forfeited? Madras HC elaborates

Madras High Court: Sanjib Banerjee, J., addressed whether this Court is the appropriate forum to decide the quantum that can be forfeited

Case Briefs High Courts

Utt HC | Deprivation of salary violative of Arts. 21, 23 and 300-A of the Constitution; Court directs Transport Corporation to disburse salaries

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., decided on a petition which was

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Manipulation in prices, fraudulent scheme results in debarment-Global Infratech, Directors and 12 other entities ousted from the market

Securities Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, considering the alleged violations committed, issued directions restraining Global Infratech

Case Briefs High Courts

Ker HC | 60-year-old convict released after serving 15 years in prison; HC exercises special power under S. 427 CrPC noticing more than 18 years imprisonment would have to be served if sentence don’t run concurrently

Kerala High Court: Ashok Menon, J., directed release of a 60-year-old man convicted in 14 criminal cases taking into account that the

Case Briefs High Courts

Whether a Chief Minister’s promise to its citizens is enforceable? Succinct report in light of Delhi CM’s ‘Promise’ | Highlight on Doctrines of Promissory Estoppel & Legitimate Expectations

Delhi High Court: Prathiba M. Singh, J., while quoting that ‘Promises are meant to be broken’ stated that the law has evolved

Case Briefs Supreme Court

Can Courts modify Arbitral Awards under S. 34 of Arbitration Act or is power limited? SC decides

Supreme Court: The Division Bench of R.F. Nariman and B.R. Gavai, JJ., while addressing a significant and interesting question of law expressed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Admissibility of the Cenvat Credit in respect of outward GTA; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical member) allowed an appeal

Case Briefs High Courts

Kar HC | A Mangalore University professor being accused of sexual harassment by a student; Court observes “He that takes the procedural sword shall perish with that sword”

Karnataka High Court: M Nagprasanna, J., allowed the petition and quashed the impugned second show cause notice holding The University is at

Case Briefs Supreme Court

To give in to pressure groups, leaving the citizenry of India bare to the pandemic discloses a sorry state of affairs; SC condemns Kerala government’s decision to ease lockdown for Bakrid celebrations

Supreme Court: While addressing the Kerala government’s decision to relax lockdown in containment zones due to Bakrid celebrations, which was apparently due

Case Briefs Tribunals/Commissions/Regulatory Bodies

No Odour control system required to prevent odour from Sewage Treatment Plant. Why? NGT imposes costs on Delhi Jal Board: Why DJB is shirking its responsibility? [Detailed Report]

National Green Tribunal (NGT), Principal Bench, New Delhi: Coram of Justice Adarsh Kumar Goel (Chairperson) and Justice Sudhir Agarwal, Justice M. Sathyanarayanan,

Case Briefs High Courts

Gau HC | “Not based on intelligible differentia”; HC stays Arunachal Pradesh’s order discriminating between vaccinated and non-vaccinated persons

Gauhati High Court: Nani Tagia, J., stayed the order of the State Executive Committee of Arunachal Pradesh whereby non-vaccinated persons for Covid-19

Case Briefs High Courts

MP HC | Disproportionate distribution of increased PG Medical seats in Clinical and Non-Clinical subjects; Court examines

Madhya Pradesh High Court: The Division Bench of Sanjay Yadav and Rajendra Kumar Srivastava, JJ., dismissed a writ petition which was raised

Case Briefs High Courts

Guj HC | Bail granted to doctor alleged to be shielding main accused in suicide case by issuing death certificate without post mortem

Gujarat High Court: A.S. Supehia, J., addressed a bail application revolving around a matter concerning a 20-page suicide note. Instant application was

Case Briefs Supreme Court

Part IX-B of Constitution relating to cooperative societies unconstitutional for want of ratification by half of the States; Provisions relating to multi-State cooperative societies severable and valid: SC

Supreme Court: A 3-Judge Bench has held that the Constitution (97th Amendment) Act, 2011 which inter alia inserted Part IX-B is ultra

Case Briefs High Courts

Ker HC | Harassment, abuse and torture of wife within seven months of marriage; HC denies anticipatory bail to doctor

Kerala High Court: Shircy V., J., rejected the bail application of a doctor and his family accused of dowry demand and cruelty

Case Briefs Tribunals/Commissions/Regulatory Bodies

Unregistered Collective Investment Scheme violative of S. 12(1)(b) of SEBI Act and Regulations, order to pay 10% p.a. interest on refundable amount not vitiated: SAT

Securities Appellate Tribunal, Mumbai: Coram of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member), upheld the direction given by