Case Briefs Archives

Any creditor including Central/State Government or any local authority bound by Resolution Plan approved by adjudicating authority under Section 31(1) IBC: Supreme Court

“On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished. “

Case Briefs High Courts

Ker HC | Packaged drinking water units not to continue without proper clearance and permits; no low-quality ice bars to be distributed: Detailed report on Unauthorised Packaged Drinking Water units operating in State

Kerala High Court: The Division Bench of S. Manikumar, CJ and Shaji P. Chaly, J., issued directions to State to ensure that

Case Briefs High Courts

HP HC | If conduct of an editor of a newspaper is under scanner, suspension of accreditation till charges are cleared would not amount to violation of freedom of press

Himachal Pradesh High Court: Tarlok Singh Chauhan, J., dismissed the petition being devoid of merits. The facts of the case are such

Case Briefs High Courts

Chh HC | Aggrieved by an order passed under S. 41(1) Dentists Act, 1948 appeal can be filed before State Government in accordance with S. 41(4) of Dentists Act, 1948

Chhattisgarh High Court: Goutam Bhaduri, J. dismissed the petition as being devoid of merit. The facts are such that the petitioner was

Case Briefs High Courts

Cal HC | Resurgence of COVID-19 | Candidates, aides and associates engaged in election campaigning to encourage and unfailingly observe COVID rules to avert deadly disaster staring at our faces

Calcutta High Court: The Division Bench of Thottathil B. Radhakrishnan, CJ and Arijit Banerjee, J., in view of the resurgence of COVID-19

Case Briefs High Courts

Pat HC | Bias and prejudices, conjectures and surmises and personal views contrary to material on record have no place in court of law: HC says Trial Judge needs special training at Judicial Academy. Read why

Patna High Court: Birendra Kumar, J., while addressing the matter stated that the present judgment as well as the Trial Court’s Judgment

Case Briefs High Courts

Cal HC | Pre-requisite for awarding maintenance under Hindu Marriage Act: Independent income of husband or wife to support either is enough? Read on

Calcutta High Court: Shampa Sarkar, J., expressed that Hindu Marriage Act is a gender-neutral provision and further expressed the scope of maintenance.

Case Briefs High Courts

Chh HC | Transaction where one party deposits/ lend money to other on promise of greater rate of interest than agreed rate will be a ‘money circulation scheme’ within meaning of S. 2(c) Prize Chits Money Circulation Schemes (Banning) Act, 1978

Chhattisgarh High Court: Rajendra Chandra Singh Samant J. dismissed the revision petitions being devoid of merit. The facts of the case are

Case Briefs High Courts

Utt HC | Court issues guidelines issued in order to curb problems related to forest fires in the State; Vacancies in the forest department to be filled

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

Case Briefs Supreme Court

No blood or breath analyser test proving drunk driving? Insurer may still establish a case for exclusion from liability: Supreme Court

“Merely because there is no test performed, the Insurer would not be deprived of its right to establish a case which is well within its rights under the contract.”

Case Briefs High Courts

P&H HC | No police action against Prince Harry for breaking promise to marry! So-called Prince Harry may be sitting in a cyber cafe in a Punjab village: Court dismisses lawyer’s plea alleging broken promise to marry

Punjab and Haryana High Court: Arvind Singh Sangwan, J., dismissed a petition wherein the petitioner/Advocate filed a petition seeking legal action against

Case Briefs High Courts

[Human Trafficking] HP HC | A woman accused cannot claim her entitlement for bail only for her womanhood, but discretion has been given to Court; Bail granted

Himachal Pradesh High Court: Vivek Singh Thakur, J., granted regular bail on grounds that she is a mother of an infant child

Case Briefs High Courts

Bom HC | Circumstantial Evidence. Wife found dead, can husband be convicted on the basis of him being last seen with wife? Do Police Officers need to substantiate their stand on basis of documents? Read on

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., held that in a matter of circumstantial evidence,

Case Briefs Supreme Court

Enquiry by retired Supreme Court judge into Justice V. Eswaraiah Phone Call controversy uncalled for: Supreme Court

“High Court ought not to have embarked on any other enquiry in the matter except to the maintainability of the PIL.”

Case Briefs High Courts

Guj HC | ‘Harrowing Tales, Unfortunate and Unimaginable Difficulties’ HC takes suo moto cognizance due to upsurge in COVID-19 cases and asks what steps Government will take

Gujarat High Court: The Division Bench of Vikram Nath, CJ and Bhargav D. Karia, J., had a dialogue with the Senior most

Case Briefs High Courts

Chh HC | Wife attempts suicide; throttles husband, daughter; assaults mother-in-law; consistently behaves abnormally. Is this mental cruelty, ground for husband to obtain divorce? HC elucidates

Chhattisgarh High Court: The Division Bench of Prashant Kumar Mishra and N.K. Chandravanshi, JJ., while finding error in trial court’s decision held

Case Briefs Supreme Court

Husband & Sister-in-law walk free after deceased’s dying declaration fails to “inspire confidence” in a 30 year old case; Supreme Court explains the yardstick for admissibility of a dying declaration

Supreme Court: The bench of Navin Sinha and Krishan Murari, JJ has held that there cannot be any rigid standard or yardstick

Case Briefs Supreme Court

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Compensation for damage to environment has to be in light of cost of restoration: Issue of compensation to be revisited in case of illegal mechanical sand mining on river bed of Yamuna

National Green Tribunal (NGT): The Coram of Justice Adarsh Kumar Goel, Chairperson and Justice Sudhir Agarwal, Justice Brijesh Sethi, Judicial Members and

Case Briefs High Courts

Bom HC | Minor’s property fraudulently transferred. Can application for such declaration and order for recovery lie in Guardianship Petition? HC elucidates

Bombay High Court: S.C. Gupte, J., dismissed a guardianship petition on the ground of jurisdiction. A Guardianship petition was filed under Sections