Case Briefs Archives

Norwegian Data Protection Authority issues fine on an organisation for unlawfully setting up automatic forwarding of an employee’s e-mails

The Norwegian Data Protection Authority has fined an organization EUR 40 000 (NOK 400,000) for unlawfully setting up automatic forwarding of an

Case Briefs High Courts

Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542

Calcutta High Court: Sabyasachi Bhattacharya, J., reiterated the decision of Supreme Court in Embassy Property Developments (P) Ltd. v. State of Karnataka,

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Civil medical professionals are unaware of the demands of duties in forces.” Tribunal holds demand for medical check-up by civil doctors unsustainable

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard

Case Briefs District Court

#MeToo | MJ Akbar v. Priya Ramani: Woman has a right to put her grievance at any platform of her choice even after decades || No defamation case against Priya Ramani [Verdict]

“Sometimes the victim of sexual abuse herself does not understand what is happening to them or what is happening to them is wrong.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Insolvency process proceeded without ‘Demand Notice’ being served under S. 8 IBC due to change in ‘registered address’. Does Insolvency and Bankruptcy Code allow to proceed in such circumstances? Read on

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Venugopal M (Judicial Member) and Alok Srivastava (Technical Member) held that a

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Sympathy cannot substitute for conclusive evidence of medical negligence”: Can a doctor be liable for medical negligence even after performing his duty with reasonableness? Read

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the

Case Briefs High Courts

[Cruelty to Animals] Kar HC | Does ‘Animal Life’ fall within the meaning of ‘Right to Life’ under Art. 21 of Constitution of India? HC explains in light of instant facts

Karnataka High Court: S.P Sandesh J., allowed the appeal and set aside the impugned order. The facts of the case are such

Case Briefs High Courts

Ker HC | Does absence of date and place in affirmation part invalidate the contents of declaration? HC answers

Kerala High Court: Sunil Thomas, J., allowed the instant petition challenging the rejection order of Returning Officer, wherein nomination application of the

Case Briefs Supreme Court

Police Officers beat a man to death 20 years before offence under S. 324 IPC became non-compoundable. SC refuses to compound such “offence against humanity”

“When the protector of people and society himself instead of protecting the people adopts brutality and inhumanly beat the person who comes to the police station, it is a matter of great public concern.”

Case Briefs High Courts

Bom HC | Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases: FIR against late actor Sushant Singh’s Sister not to be quashed

Bombay High Court: The Division Bench of S.S. Shinde and M.S. Karnik, JJ., found prima facie case against Late actor Sushant Singh

Case Briefs High Courts

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque

Case Briefs Foreign Courts

Australian Court provides interpretation highlighting distinction between recognition and enforcement of arbitral awards vis-a-vis ICSID Convention

Federal Court of Australia: While deciding the instant appeal dealing with interpretational technicalities associated with international arbitration, the Court clarified the principles

Case Briefs High Courts

Pat HC | “State is not free to act according to its own standard.” HC held termination of contract by State without mandatory notice is illegal

Patna High Court: Anil Kumar Upadhyay, J., addressed the instant petition challenging the termination of the contract by State on the ground

Case Briefs Supreme Court

Is issuance of blank cheque and signed blank stamp paper sufficient to attract presumption under S. 139 of NI Act? Supreme Court answers

Supreme Court: The 3-Judge Bench comprising of N.V. Ramana, Surya Kant* and Aniruddha Bose, JJ., upheld the judgement of High Court of

Case Briefs High Courts

Bom HC | Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed

Bombay High Court: The Division Bench of Sadhana S. Jadhav and N.J. Jamadar, JJ., while addressing the present matter, expressed that: Where

Case Briefs Supreme Court

‘No interviews, UP Police to escort’; Supreme Court allows journalist Sidhique Kappan to visit his ailing mother for 5 days

The Kerala journalist was arrested under the Unlawful Activities (Prevention) Act on his way to Hathras, Uttar Pradesh to report on the alleged gang-rape of a Dalit woman, who later died in the Hospital.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a farmer suffers crop loss due to the usage of herbicides bought from a dealer or manufacturer of agri-inputs, can he claim a loss for crop damage? Read Commission’s reasoning

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member) dismissed the revision petition while upholding the State Commission’s order. Respondent/Complainant

Case Briefs High Courts

Jhar HC | Threatened by militants, J&K resident CRPF constable overstays from leave. HC quashes dismissal order, held “punishment disproportionate”

Jharkhand High Court: Sanjay Kumar Dwivedi, J., heard the instant petition challenging the dismissal of the petitioner, a CRPF constable on the

Case Briefs High Courts

Bom HC | ISKCON, Infringement of well-known mark: Read why Justice G.S. Patel deferred grant of discretionary relief in view of past history which may materially affect the action

Bombay High Court: G.S. Patel, J., while addressing the present application expressed that: “The very least a Court of equity expects when

Case Briefs Supreme Court

“In their blooming and blossoming, we all bloom and blossom”; Read how denial of scribe to a person suffering from writer’s cramp led to SC issuing directions for formulation of new policies

RPwD Act 2016 is based on the simple idea with profound implications that each of us has: “unique powers to share with the world and make it interesting and richer.”