Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

TDSAT | A dispute between two service providers may be maintainable even in absence of a subsisting agreement; Totality of facts to be considered

Telecom Disputes Settlement Appellate Tribunal (TDSAT): Justice Shiva Kirti Singh dismissed the petition being devoid of merits. Facts The facts of the

Case Briefs High Courts

Madras HC | Why Special DGP who has been alleged to have sexually harassed the Lady IPS Officer been placed under ‘Compulsory Wait’ instead of being suspended? Does compulsory wait attach any stigma to it?

Madras High Court: N. Anand Venkatesh, J., moving further in a matter wherein Court took suo motu cognizance with respect to the

Case Briefs High Courts

P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed the instant petition, whereby an inter-caste couple had approached the Court for

Case Briefs High Courts

Madras HC | Media and Political Parties restrained from indulging in any discussions on alleged sexual harassment of Lady IPS Officer – NO parallel ‘Media Trial’ || Restraint to continue

Madras High Court: N. Anand Venkatesh, J., while addressing the concern with respect to a very shocking incident wherein a Lady IPS

Case Briefs Supreme Court

UP Police Constables appointments| Shifting of candidates selected against posts meant for reserved categories, to open category as per Court directions hence valid: Supreme Court

“With the availability of 3295 additional posts, in the re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count.”

Case Briefs High Courts

J&K HC | When a CJM transfers a petition to a Magistrate subordinate to him, the Magistrate is conferred with jurisdiction to entertain the same even if the matter would otherwise fall outside his jurisdiction

Jammu and Kashmir High Court: Sanjay Dhar, J., addressed the instant petition against the order of Judicial Magistrate, Bandipora, whereby the Magistrate

Case Briefs Supreme Court

Ineligible promoters under Section 29A IBC can’t propose compromise or arrangement schemes under Section 230 of the Companies Act, 2013: Supreme Court

“The purpose of the ineligibility under Section 29A is to achieve a sustainable revival and to ensure that a person who is the cause of the problem either by a design or a default cannot be a part of the process of solution.”

Case Briefs Supreme Court

Can reservation for OBCs exceed upper ceiling of 50% in local elections for entirely scheduled areas? Supreme Court explains triple test pre-requisite

“The barriers to political participation are not of the same character as barriers that limit access to education and employment.”

Case Briefs High Courts

[Audi Alteram Partem] Raj HC | Whether complainant’s revision against dismissal of his complaint, can be decided without giving an opportunity of hearing to the accused petitioner? Court explains

Rajasthan High Court: Sanjeev Prakash Sharma, J., disposed of a petition which was filed against the order passed by the Additional Session

Case Briefs High Courts

Utt HC | Delay in providing information under RTI Act does not amount to penalty, if valid reasons for the delay are proved; Court sets aside the penalty

Uttaranchal High Court: Manoj Kumar Tiwari, J., partly allowed an appeal which was filed challenging an order passed by the State Information

Case Briefs High Courts

Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains

“Copyright Act gives a range of rights and privileges to the first owner of copyright without requiring prior registration.”

Case Briefs High Courts

Chh HC | Principles governing determination whether a transfer is a Benami transaction has been reiterated; Petition allowed

Chhattisgarh High Court: Rajendra Chandra Singh Samant J., allowed the petition and quashed the order. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On account of active and willful issuance of fake and bogus contract notes, stockbroker registration cancelled

Securities and Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member), while exercising powers conferred under Section 12(3) read with Section

Case Briefs High Courts

Kar HC | Benefit under Rule 27 LIC Pension Rules was rejected to a LIC Agent working as a field officer as no special qualification was required; Appeal dismissed

Karnataka High Court: A Division Bench of Sreenivas Harish Kumar and E. S. Indiresh JJ., dismissed the appeal being devoid of merits.

Case Briefs High Courts

Del HC | How to prove unsoundness of mind in absence of medical records? When does presumption of being under influence arise? On whom lies burden of proof? Court answers while rejecting challenge to a Will

Delhi High Court: Rajiv Sahai EndLaw, J., while addressing a very significant issue revolving around ‘Will’ expressed that: Litigation in a Court

Case Briefs Supreme Court

Section 195(1)(b)(i) CrPC doesn’t bar prosecution by Investigation Agency against persons producing false evidence at the stage of investigation: Supreme Court

“Just like a private party who has been a victim of forgery committed outside the precincts of the Court, the investigative agency should not be left remediless against persons producing false evidence for the purpose of interfering with the investigation process.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Whether amount deducted from the sale proceeds constitute trading receipts in the hands of the Assessee?

by Akshat Malpani†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Otherwise difficult to get for ‘real’, procured for ‘imaginary’ house: ‘Builder’, ‘bogus allottees’ and ‘sanctioners’ in trouble for loan | Issues summons

Special Court, CBI, Ghaziabad: The Court of Shivank Singh, Special Judicial Magistrate (CBI), issued summons against the builder for the alleged unapproved imaginary

Case Briefs High Courts

[Transgender in NCC] “We cannot take recourse to the outdated provisions of 1948 to deal with the realities of life in the year 2021”; Kerala HC directs NCC to consider enrolment of a trans woman in the female wing

Kerala High Court: In a historic judgment Anu Sivaraman, J., had broken the norm by allowing trans women to appear for enrolment

Case Briefs Supreme Court

Explained: Scope of judicial interference in election matters relating to delimitation of constituencies and allotment of seats, specifically in municipal elections

Supreme Court: The 3-judge bench of RF Nariman*, BR Gavai and Hrishikesh Roy, JJ reiterated the law relating to the bar to