Case Briefs Archives

Children orphaned by COVID-19| No illegal adoption; no discontinuance of education: Here’s the list of Supreme Court directions

The information provided by the State Governments/Union Territories on the ‘Bal Swaraj’ Portal upto 05.06.2021 shows that there are 30,071 children who have become orphans or have lost one parent or abandoned.

Case Briefs High Courts

Tel HC | Can cousin of a husband who was accused of offence under S. 498-A IPC be also roped in on grounds of instigating and supporting husband? Read on

Telangana High Court: K. Lakshman, J., allowed a criminal petition and quashed a criminal case filed against the petitioner-accused as the ingredients

Case Briefs High Courts

Bom HC | Whether HC should quash an FIR arising out of matrimonial dispute on ground of same being settled amicably? Gian Singh v. State of Punjab referred

Bombay High Court: The Division Bench of S.S. Shinde and Abhay Ahuja, JJ., reiterated the observation of Supreme Court in Gian Singh

Case Briefs High Courts

All HC | Can complaint under S. 138 NI Act be quashed for failure to disclose date of service of notice? Court says it is a matter of evidence

Allahabad High Court: Vivek Varma, J., refused to quash a complaint case filed under Section 138 NI Act and directed the trial

Case Briefs Tribunals/Commissions/Regulatory Bodies

Decoded | SEBI bars Director of Franklin Templeton AMC, wife from accessing securities markets for 1 yr: Can redemption of units by Director of a mutual fund AMC be titled as fair conduct?

Securities Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member) held that while directors are not prohibited from trading in units

Case Briefs High Courts

Jha HC | Jharkhand Public Service Commission is a constitutional body, but its actions and decisions are not immune from judicial review

Jharkhand High Court: Sanjay Kumar Dwivedi, J., allowed the writ petitions and held the merit list prepared by the JPSC as illegal,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can Banks debit amounts from Corporate Debtor Company after Moratorium Order? Is there an obligation of releasing ‘title deeds’ under Resolution Process? Read on

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Anant Bijay Singh, Judicial Member and Shreesha Merla, Technical Member held

Case Briefs High Courts

Ker HC | Homeopathy doctors can prescribe adjuvant medicine for Covid-19; HC upholds right to practice of Homeopathic practitioners

Kerala High Court: N.Nagaresh, J., upheld the right to practice of homoeopathic practitioners and clarified that the Homeopathy doctors can prescribe adjuvant

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Pension cannot be denied for disability being less than 20% where the disability is assessed at 15-19%

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

Case Briefs Supreme Court

Interim protection from arrest in a sexual offence case? Record some reasons at least!: Supreme Court

Supreme Court: In a case where the Gujarat High Court had stayed the arrest a person accused for offences under sections 376(2)(F),

Case Briefs High Courts

Bom HC | Can possible case of cartelization be determined only after opening of commercial bid? HC answers

Bombay High Court: The Division Bench of S.C. Gupte and M.S. Karnik, JJ., expressed that for an employer to come to a

Case Briefs Supreme Court

Explained| Cruelty and Dowry Death: Can conviction under Section 304-B IPC sustain without any charges under Section 498A IPC?

Supreme Court: In a case relating to dowry death, where it was argued by the accused that without any charges under Section

Case Briefs High Courts

Del HC | Whether woman is party to adultery/bigamy so as to refuse relief under DV Act is a matter of trial: HC refuses to quash lower court orders

Delhi High Court: Subramonium Prasad, J., refused to grant relief to the petitioner against orders of the lower court restraining him from

Case Briefs High Courts

Ori HC | Rights of a lessee in a Khasmahal land are similar to those of owner of a private land; Interest in such land is both hereditary and transferable

Orissa High Court: A Division Bench of B. R. Sarangi and K. R. Mahapatra, JJ., allowed the petition and directed to execute

Case Briefs High Courts

P&H HC | Husband is legal guardian of his minor Hindu wife; HC quashes kidnapping case against husband

Punjab and Haryana High Court: Harnaresh Singh Gill, J., held that the husband of the Hind minor is the legal guardian of

Case Briefs High Courts

Kar HC | Persons with disabilities are entitled to priority in medical treatment in light of S. 25 of Rights of Persons with Disabilities Act, 2016

Karnataka High Court: A Division Bench of Abhay S Oka, CJ and Aravind Kumar, J. gave a slew of directions regarding vaccine

Case Briefs High Courts

Rejection of candidature for belated submission of OBC-NCL certificate illegal; Kerala HC directs to reconsider candidature of woman who failed to submit certificate on time due to pregnancy

Kerala High Court: The Division Bench of Alexander Thomas and K. Babu, JJ., held that rejection of the candidature of the respondent

Case Briefs High Courts

Madras HC Judge “removes Lordship’s hat” for framing guidelines for proper recognition of LGBTQIA+ rights, acknowledges “gurus” for pulling him out of darkness of ignorance: Read detailed case report

“There are many branches on the tree of life. There is no one way to be, and there is room for everyone to be who they are.”

Case Briefs High Courts

Toon Controversy | Cartoonist wanting to express anger, cannot be construed as defamation: Madras HC quashes criminal case against cartoonist, says cannot teach ethics to people

Madras High Court: G. Ilangovan, J., expressed that a cartoonist is also bound by the law and he cannot defame anyone. Accused,

Case Briefs High Courts

Ori HC | An officer who substantially holds a lower post merely to discharge the duties of a higher post cannot be treated as a promotion; Only eligible for a ‘charge allowance’

Orissa High Court: A Division Bench of S K Sahoo and S Panda, JJ., allowed the review petition and held the opposite