Case Briefs Archives

Ker HC | Dishonour of cheque shall be proved to the hilt; Adverse inference cannot be drawn under S. 138 of NI Act merely because evidence is not adduced to prove a negative fact

Kerala High Court: K. Haripal, J., addressed the instant complaint instituted by the appellant alleging offence punishable under Section 138 of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Adjudication on ‘changed circumstances’ not conducive to be treated as ‘review’ | Grants permission to lead secondary evidence

Special Court, CBI, Ghaziabad- The Court of Shivank Singh, Special Judicial Magistrate (CBI), allowed the application where permission to lead secondary evidence

Case Briefs High Courts

Guj HC | Court cannot undertake the activity of banking regulations upon itself and pass omnibus orders to come up with policy decision; Court dismisses appeal

Gujarat High Court: G.R. Udhwani, J., dismissed a petition wherein a mandate was sought to issue an order/ circular / instructions directing

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Disease which surfaced within four months of enrolment cannot be attributable to or aggravated by Army service; Tribunal rejects disability pension

Armed Forces Tribunal: The Division Bench of Justice Virender Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) rejected the instant application

Case Briefs Supreme Court

In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”

Case Briefs Supreme Court

3 years’ limitation period ‘unduly long’; Necessary for Parliament to fill the vacuum by prescribing a specific period of limitation under Section 11 of the Arbitration and Conciliation 1996: SC

3 years is an unduly long period for filing an application under Section 11, since it would defeat the very object of the Act, which provides for expeditious resolution of commercial disputes within a time bound period.

Case Briefs High Courts

Madras HC | Under Hindu Succession Act, can an ‘ancestral property’ blend in with the ‘individual property’? Read to know

Madras High Court: G. Jaya Chandran, J., expressed that the individual property can blend with the ancestral property or with the joint

Case Briefs High Courts

Jhar HC | [Galudih Barrage Irrigation Project] HC upholds arbitral award after certain modifications; explains principles of adjustment, counterclaim and set off

Jharkhand High Court: The Division Bench comprising of Aparesh Kumar Singh and Anubha Rawat Choudhary, JJ., heard the instant Commercial Appeal challenging

Case Briefs High Courts

Bom HC | Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains

Bombay High Court: R.D. Dhanuka, J., held that relinquishment of properties held by the legal heirs of a person whose properties were

Case Briefs High Courts

Guj HC | Termination of pregnancy application rejected keeping in mind health of the minor; Court issues directions

Gujarat High Court: B.N. Karia, J., decided upon a petition which was filed with a request seeking permission to get the pregnancy

Case Briefs High Courts

Chh HC | Does forfeiture of earned remission of a convict without giving reasonable opportunity of hearing would amount to violation of fundamental right under Art. 21 Constitution of India? HC observes

Chhattisgarh High Court: Sanjay K Agrawal J., allowed the petition and held that forfeiture of earned remission of a convict is violative

Case Briefs High Courts

Del HC | Sensitization of citizenry has to precede, not succeed, galvanization of governmental machinery: Directions issued to Airlines and DGCA on noting an ‘alarming’ situation in Air India flight

Delhi High Court: C. Hari Shankar, J., while taking suo motu cognizance of a matter, issued directions for airlines with the direction

Case Briefs Supreme Court

SC calls for amendment to Sections 11(7) & 37 of the Arbitration and Conciliation Act, 1996 to bring Sections 8 & 11 at par on appealability. Read how Vidya Drolia judgment has led to an anomaly

Supreme Court: In the light of the “prima facie” test laid down last year in Vidya Drolia v. Durga Trading Corporation, (2021) 2

Case Briefs High Courts

Raj HC | Judgment can be a binding precedent only for what has been considered and held in it; No Court can travel beyond facts mentioned and considered therein to cull out “ratio decidendi”

Rajasthan High Court: Mahendra Kumar Goyal J., dismissed the petition being devoid of merits. The facts of the case are such that

Case Briefs High Courts

All HC | Full Bench decides whether writ of Habeas Corpus will be maintainable against Judicial order or Child Welfare Committee’s order under J.J. Act? Decoded

Allahabad High Court: The Full Bench of Sanjay Yadav, Mahesh Chandra Tripathi and Siddhartha Varma, JJ., in a very significant ruling expressed

Case Briefs High Courts

Jhar HC | “Accused cannot be saddled with payment of victim compensation”; HC says such order is contradictory to S. 357A of CrPC

Jharkhand High Court: Ananda Sen, J., addressed the instant petition against the impugned order of the Judicial Commissioner, whereby the petitioner was

Case Briefs High Courts

Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide

Gauhati High Court: The Division Bench of Suman Shyam and Mir Alfaz Ali, JJ., heard the instant petition against the judgment and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Delhi Gymkhana Club – ‘Nepotism in upper echelons?’ | Holding it true, suspends General Committee

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice Bansi Lal Bhat (Acting Chairperson), Justice Anant Bijay Singh(Judicial Member), Dr Ashok

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Newborn child in the care of hospital staff and her grandmother suffered from thermal burns. Will this amount to Contributory Negligence? Is the hospital vicariously liable? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Anup K Thakur (Presiding Member) and Dr S.M. Kantikar (Member) while addressing

Case Briefs Supreme Court

Interpreting ‘similar words’ in ‘distinct settings’ – A short explainer by Supreme Court

“Words are after all, a vehicle for communicating ideas, thoughts and concepts. A one-size-fits-all analogy may not always hold good when we construe similar words in entirely distinct settings.”