Case Briefs Archives

Madras HC | Payment of Maintenance under S. 125 CrPC: From the ‘date of application’ or ‘date of order’? HC answers in view of SC decision

Madras High Court: K. Murali Shankar, J., addressed the issue with regard to payment of maintenance, whether from the date of application

Case Briefs Foreign Courts

SCOTUS declines to review Republican Party’s petitions challenging Pennsylvania’s extended mail-in ballot policy

Supreme Court of The United States: In a significant decision, the Court by a ratio of 6:3, declined to review petitions challenging

Case Briefs Supreme Court

Married woman’s heirs on paternal side are not strangers; she can enter in family settlement with such heirs: Supreme Court

Supreme Court: The bench of Ashok Bhushan* and R. Subhash Reddy, JJ has held that when heirs of father of a female

Case Briefs District Court

Toolkit Case | Freedom of speech includes ‘Right to seek a Global Audience’, Court draws distinction between dissenting opinion & seditious activities: Bail Granted to Disha Ravi || Detailed report

Sessions Court: Dharmendra Rana, ASJ-02 disposed of Disha A. Ravi’s application for grant of bail. Applicant’s counsel submitted that the applicant/accused had

Case Briefs High Courts

MP HC | Claim of share in the properties or right of succession are not pure questions of law instead they are mixed question of law and fact; Court dismisses revision warranting interference under S. 115 of CPC

Madhya Pradesh High Court: Rohit Arya, J., dismissed a revision petition which was filed after the dismissal of Petitioner’s application under Order

Case Briefs Foreign Courts

SL SC | No man is allowed to take advantage of his wrong; Court finds Fundamental Rights under Arts. 12(1), 12(2), and 14(1) (g) of the Constitution violated [legitimate expectation]

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Sisira. J. de Abrew, Murdu Fernando and

Case Briefs High Courts

Cal HC | When can S. 29(2) of Hindu Marriage Act come to rescue of parties seeking to prove divorce on basis of custom? Read the case of a second ‘wife’ denied widow pension

Calcutta High Court: Sabyasachi Bhattacharyya, J., expressed that: Where a conflict arises between individual conscience of the concerned Judge and judicial conscience,

Case Briefs Supreme Court

“Technical members of IPAB are legally trained and qualified”; Supreme Court says the Board can function without a judicial member

“These members had practical legal experience of ten to fifteen years. The fact that they were appointed as technical members cannot obfuscate the fact that they are legally trained and qualified.”

Case Briefs High Courts

Pat HC | Application for voluntary retirement cannot be treated as resignation application; HC quashes impugned order

Patna High Court: Birendra Kumar, J., addressed the instant petition against the order of State whereby the petitioner’s application for voluntary retirement

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Calcite Sand (Calcite Powder) to be classified under CT 2503 9030, Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Division Bench comprising of Ramesh Nair (Judicial Member) and Raju (Technical Member), allowed

Case Briefs Supreme Court

Supreme Court spells out if consumer fora can apply the New India Assurance company Ltd judgment prospectively and accept the written statement beyond 45 days

Supreme Court: The bench of Dr. DY Chandrachud and MR Shah, JJ has held that consumer fora has no jurisdiction and/or power

Case Briefs High Courts

P&H HC | Wife entitled to increase alimony after an increase in husband’s salary, HC upholds

Punjab and Haryana High Court: In a revision petition filed against the enhanced amount of alimony H.S. Madaan, J., upheld Family Court’s

Case Briefs High Courts

All HC | Whether issuance of writ of habeas corpus at the behest of a husband to regain his wife is available as a matter of course? Read on

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., expressed that: The remedy of writ of habeas corpus at the instance of a

Case Briefs High Courts

Tri HC | Once material has come to Government notice prima facie indicating that there was some corrupt practice, Government is duty-bound to act on the same; Court maintains departmental inquiry

Tripura High Court: Akil Kureshi, CJ., disposed of a writ petition which was filed challenging a departmental inquiry and suspension pending such

Case Briefs High Courts

P&H HC | A juvenile has to be released on bail mandatorily unless and until exceptions carved out in proviso to S. 12 (1) of J.J. Act, 2015 itself are made out

Punjab and Haryana High Court: Jai Shree Thakur J., set aside the impugned order and allowed the appeal. The facts of the

Case Briefs District Court

‘Using customers as Advertising Agents’: Charging money for carry bags with printed logo is spurious, unfair trade practice with deceptive nature | Payback of Rs 3 with interest & compensation ordered by Consumer Forum

District Consumer Disputes Redressal Commission-II, Hyderabad: A three-Member Bench of Vakkanti Narasimha Rao, President, and P.V.T.R Jawahar Babu and R.S. Rajeshree, Members,

Case Briefs Supreme Court

Parties agreeing to out-of-court settlement without judicial intervention under Section 89 CPC can’t be denied benefit of refund of court fees; they are “even more deserving”: Supreme Court

“No justifiable reason why Section 69-A of Tamil Nadu Court Fees and Suit Valuation Act, 1955 should only incentivize the methods of out-of-court settlement stated in Section 89, CPC and afford step brotherly treatment to other methods availed of by the parties.”