Case Briefs Archives

Sikk HC | Take stock of situation in shelter homes, observation homes etc; Court directs State to get them insulated

Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari, CJ. and Bhaskar Raj Pradhan, J., took up a perused affidavit submitted

Case Briefs Foreign Courts

Amul Dairy secures major win in a trademark infringement case in Federal Court of Canada

Federal Court of Ontario (Canada): In an Intellectual Property battle the Bench of Alan S. Diner, J., had granted major win to

Case Briefs High Courts

All HC reiterates scope of inherent powers to quash a S. 138 NI Act complaint. Imposes exemplary costs for filing petition as an after thought

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., refused to exercise and inherent powers under Section 482 CrPC to quash a complaint

Case Briefs High Courts

Ori HC issues notice to State to file an affidavit regarding a delay in sample collection due to suspension of public transport and inadequacy in other services

Orissa High Court: A Division Bench of S Muralidhar, CJ and Savitri Ratho, J., directed State to file an affidavit addressing concerns

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Revenue has miserably failed to discharge its onus; Tribunal finds impugned order opposed to principles of natural justice

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Dinesha (Judicial Member) allowed the appeals which were filed after the Adjudicating Authority

Case Briefs

P&H HC | “A juvenile cannot be arrested”; HC holds application for anticipatory bail by a juvenile is not maintainable in law

Punjab and Haryana High Court: Rajesh Bhardwaj, J., held that plea for anticipatory bail by a juvenile is not maintainable in law

Case Briefs High Courts

Madras HC | Is writ petition maintainable against Asset Reconstruction Co. which is assigned debts by nationalised banks? Is there element of public duty and obligation to follow RBI Circulars? HC decides

Madras High Court: V. Parthiban, J., expressed that plea of public interest in a private loan transaction is only a mask to

Case Briefs High Courts

Chh HC | Undertrial prisoners facing trial under PCA/PMLA, cases investigated by CBI/ED/NIA/ SFIO etc. are not entitled to be released

Chhattisgarh High Court: Narendra Kumar Vyas, J., rejected bail and dismissed the petition being devoid of merits. The facts of the case

Case Briefs High Courts

When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference

Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission

Case Briefs

Sikk HC | Or. VIII R. 1A (3) which confers discretion on Court is not an unfettered discretion on Court; HC allows petitions

Sikkim High Court: Jitendra Kumar Maheshwari, CJ, allowed the writ petitions which were arising out of the Order passed on 12-11-2019 in

Case Briefs High Courts

Gau HC | Not in interest of the child; HC stays Sessions Court’s order granting custody of teenage rape victim to relatives of accused

Gauhati High Court: The Division Bench of Sudhanshu Dhulia, CJ., and Manash Ranjan Pathak, J., addressed a suo motu PIL concerning the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can S. 8(1)(d), RTI Act be invoked to deny copy of thesis in view of commercial viability and to protect interests of scholar and his guide? CIC answers

Central Information Commission (CIC): Saroj Punhani (Information Commissioner), harmonised the conflicting interests of the parties keeping with the letter and spirit of

Case Briefs High Courts

Utt HC | Great influx of tourists, social distancing not being maintained, SOP not complied with; Court directs State to review decision of relaxing lockdown, control the inflow of tourists

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ and Alok Kumar Verma, J., heard and issued directions in relation

Case Briefs Supreme Court

“If this is how proceedings will go on …”: SC accentuates importance of succinctly framed written synopsis; time-bound oral arguments; crisp, clear and precise judgments

“After all, it is for ‘the common man’ that the judicial system exists.”

Case Briefs Supreme Court

“Objective of Milk Federations is not to give employment but increase milk production”; SC reverses HC order favouring employees in a revised pay scale dispute

Supreme Court: The Division Bench comprising of Sanjay Kishan Kaul and Hemant Gupta*, JJ., overruled the decision of Punjab & Haryana High

Case Briefs Supreme Court

SC sets aside bail granted to man accused of murder conspiracy; Says mere examination of aggrieved after rejection of earlier bail is no change in circumstances

Supreme Court: The Bench of N.V. Ramana, CJ and A.S. Bopanna and Hrishikesh Roy, JJ., reversed the order of the Rajasthan High

Case Briefs High Courts

Bom HC | Builders taking flat purchasers for a ride, taking money but not delivering flats: Court asks builders to prove they are paupers, show standard of living bears out the same

Bombay High Court: The Division Bench of S.J. Kathawalla and Milind N. Jadhav, JJ., directed the builders who failed to refund the

Case Briefs Supreme Court

SC puts fetter on exercise undertaken by Delhi Legislative Assembly’s Committee enquiring into Facebook’s role in aggravating Delhi Riots last year; Says FB representatives will have to appear

Supreme Court: A 3-Judge Bench comprising of Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ. has held that representatives of Facebook

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Wheelchair injuries be covered under the ambit of medical negligence? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) decided a matter wherein a question of whether wheelchair injuries would

Case Briefs High Courts

Bom HC | Mere recovery of tainted money without sufficient evidence to prove payment of bribe or to show voluntary receipt of money. Can accused be convicted under Prevention of Corruption Act? Read on

Bombay High Court: K.R. Shriram, J., while explaining the concept of bribe under the Prevention of Corruption Act, 1988, upheld the decision