Case Briefs Archives

Case Briefs Supreme Court

Balance sheet entries can amount to an acknowledgement of liability under Section 18 of the Limitation Act, 1963: Supreme Court

Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that an entry made in the

Case Briefs High Courts

“Govt. is to blame for chaos; Harsh steps necessary before pandemic spirals to engulf entire population”: All HC orders closing of all establishments (exceptions listed) till 26th April in select districts, asks Govt. to consider complete lockdown for entire State

“One would only laugh at us that we have enough to spend on elections and very little to spend on public health.”

Case Briefs High Courts

Pat HC | Explore possibility of procuring High Flow Nasal Canula; Speed-up RT PCR testing: HC directs State

Patna High Court: The Division Bench of Chakradhari Sharan Singh and Mohit Kumar Shah, JJ., expressed that: [Order dated 15-04-2021] “Constitutional Courts

Case Briefs High Courts

COVID-19 Surge | Bom HC | Reports of RT-PCR Tests to be made available on Whatsapp; COVID positive patients reports to be uploaded within 24 hours on ICMR portal

Bombay High Court: The Division Bench of Z.A. Haq and Amit Borkar, JJ., directed that reports for RT PCR test shall be made

Case Briefs High Courts

Bom HC | Remdesivir and Tocilizumab injections to be regulated; Collector Nagpur to examine regarding feasibility of making beds available at Mankapur Stadium, Nagpur and Nagpur Nagrik Sahakari Rugnalaya

Bombay High Court: The Division Bench of Z.A. Haq and Amit Borkar, JJ., issued directions till the regulation of Remdesivir and Tocilizumab

Case Briefs High Courts

Guj HC | Setup RT PCR test labs in all districts; Accept deficiencies publicly and take immediate remedial steps, etc.: Court flags issues for State’s consideration

Gujarat High Court: The Division Bench of Vikram Seth, CJ and Bhargav D. Karia, J., framed certain points for consideration of the

Case Briefs High Courts

Chh HC | The term ‘compromise’ and ‘conciliation’ differentiated; In case mandate under S. 18(2) of MSME Development Act, 2006 is not followed strictly, proceeding under S. 18(3) of the Act is illegal

Chhattisgarh High Court: Rajendra Singh Samant J. allowed the appeal and directed to take up the proceeding for conciliation under Section 18

Case Briefs High Courts

Ori HC | In cases where guilt is based only on circumstantial evidence; suspicion, however, grave may be, cannot be a substitute for a proof

Orissa High Court: A Division Bench of S. Panda and S. K. Panigrahi, JJ. set aside the impugned conviction order and allowed

Case Briefs Supreme Court (Constitution/Larger Benches)

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

“Such conversion of complaints under Section 138 from summary trial to summons trial has been contributing to the delay in disposal of the cases.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Selling a second-hand car, in place of a new car, after accepting full consideration price for a new car, inter alia constitutes ‘unfair trade practice’ under S. 2(1)(r) of Consumer Protection Act

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh, Presiding Member, held that, “…selling a second-hand car, in place of a new car,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Consumer Protection Act, 2019 provides for hierarchy of Consumer Fora to deal with consumer complaints, depending upon pecuniary value of complaint; Complaint filed to demand disproportionate compensation only to inflate value of complaint — Dismissed

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the complaint reiterated the settled position of law, expressed that,

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | “Forwarded as received”– Whatsapp messages needs to be proved by preponderance of probabilities for it to be deemed as unpublished price sensitive information| SEBI’s order set aside

Securities Appellate Authority (SAT): A Coram of Tarun Agarwala, J. (Presiding Officer), Dr C.K.G Nair (Member) and M.T. Joshi, J.( Judicial Member)

Case Briefs High Courts

All HC | What’s the purpose of keeping money in FD where claimant is unable to see colour of compensation?: HC directs Tribunal to disburse entire claim amount to claimant’s account

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., allowed the appeal of the claimants in

Case Briefs High Courts

Bom HC | ‘Ayambil food’ permitted to be distributed to Jain devotees by the Jain trusts during their 9 days of fasting commencing on 19th April, 2021; Devotees not allowed to enter temple premises

Bombay High Court: The Division Bench of S.C. Gupte and Abhay Ahuja, JJ., permitted the distribution of Ayambil food to be served

Case Briefs High Courts

Ker HC | What is admitted as a duty should not be kept at abeyance | ECI directed to conduct elections before the time for another come about

Kerala High Court: P.V. Asha, J., directed the Election Commission of India (ECI) to conduct elections, to which it is duty-bound, which

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | What was manifested as pre-conditions for Resolution Plan turns out to be premeditated | Prevented from taking a fine u-turn | Imposed a fine instead

National Company Law Appellate Tribunal (NCLAT): Coram of Bansi Lal Bhatt, J. (Acting Chairperson), Anant Bijay Singh, J. (Judicial Member), Dr Ashok

Case Briefs District Court

Delhi Riots | Lofty case of criminal conspiracy could not be inferred; Chargesheeting on basis of insignificant material unwarranted: Court while granting bail to Umar Khalid

Delhi Court: Vinod Yadav, J., held that Umar Khalid cannot be permitted to remain behind bars in the present case on the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | A potential ‘No’ turned into a definite ‘Yes’| Yes Bank camouflaged risk with devious safeguards to lure investments in AT1 bonds| Attracted a Rs 25 crore penalty

Securities and Exchange Board of India (SEBI): Soma Majumder, Adjudicating Officer, imposed a 25 crore penalty on Yes Bank Ltd. (YBL), and

Case Briefs High Courts

Del HC | Allegations against rioter Shahrukh not confined to participation, but leading large crowd releasing open fire shots: Bail denied to Delhi Riots accused

Delhi High Court: Suresh Kumar Kait, J., denied bail application of a person named Shahrukh that headed the large crowd, holding a

Case Briefs High Courts

Bom HC | Religious places of worship closed; Prayer offering in mosque during Ramzaan not allowed in wake of COVID-19: Court discusses scope of Art. 25

Bombay High Court: The Division Bench of R.D. Dhanuka and V.G. Bisht, JJ., held that offering of prayers only in the mosque