Case Briefs Archives

Kar HC | Whether it is mandatory for issuance of a summons under S. 91 CrPC before issuance of a warrant under S. 93 CrPC? HC Answers

Karnataka High Court: Suraj Govindaraj J., dismissed the petition being devoid of merits. The facts of the case are such that two

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether there can be a claim of exclusion of the freight amount from arriving at the assessable value for the purpose of payment of central excise duty; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P.K. Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

Guj HC | Dismissing the argument of arrangement being a Contractual set up with no Industrial dispute as such, Court upholds reinstatement of the workman granting compensation against back wages

Gujarat High Court: A.P. Thaker J., upholding the decision of the Labour Court with respect to reinstatement of the workman, directed the

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT| Policy of retiring Group Captain (Time Scale) at the age of 54 years instead of 57 years creates a subclass within the same class of equals and is violative of Arts. 14 and 16 of the Constitution

Armed Forces Tribunal: The Division Bench of Justice S.V.S. Rathore (Chairperson) and Air Marshal BBP Sinha (Member) A, partly allowed the instant

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Is a legally wedded wife entitled to seek details of income tax returns of her husband under the RTI Act, 2005? Commission answers

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decide whether a legally wedded wife can seek the information regard to income

Case Briefs Supreme Court

Upheld, albeit with directions. Why was IBC (Amendment) Act, 2020 challenged? What prompted SC to invoke Art. 142? Read comprehensive point-wise analysis of the 465-pages judgment

Supreme Court: The 3-Judge Bench of Rohinton Fali Nariman, Navin Sinha and K.M. Joseph, JJ., in a 465-pages long judgment, upheld the

Case Briefs Supreme Court

“Sale agreement does not remain a stand-alone document if it is mentioned in the disputed Will, and obligations thereunder are purportedly passed on to the legatee”; SC restores findings of Trial Court

Supreme Court: The 3-judge bench of Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ., has set aside the order of High

Case Briefs High Courts

Utt HC | Reasons to record in a judgment are life of law and in absence, judgment cannot be said to be legal; Court allows appeal

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed seeking a writ of certiorari to quash the

Case Briefs High Courts

Ker HC | There can be no prosecution under S. 185 of MV Act in the absence of alcohol detection test through breath analyser

Kerala High Court: V.G. Arun, J., while partly allowing the instant petition held that offence under Section 185 of Motor Vehicle Act,

Case Briefs High Courts

HP HC | Person belonging to SC category, if on merit, performs better than General category candidate, he has to be offered appointment against a post meant for General category

Himachal Pradesh High Court: Ajay Mohan J., dismissing the present petition, reiterated the finding of Supreme Court, in the words, “if a

Case Briefs District Court

Amazon to pay Rs 45000 for rowing back on confirmed order for laptop by Law student, can’t evade responsibility when it allowed ‘Rockery Marketing’

State Consumer Dispute Redressal Commission, Odisha (SCDRC): Dr D.P. Choudhury (President) modified the compensation amount awarded to a Law Student in light of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs High Courts

All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders

Allahabad High Court: Manju Rani Chauhan, J., expressed that: “At the present time, only from the temple of justice like Courts, everyone

Case Briefs Supreme Court

SC | Wilful disobedience or Wilful breach: Are these necessary requisites for bringing in action for ‘Civil Contempt’? Read on

Supreme Court: B.R. Gavai, J., while addressing a contempt petition expressed that: “…contempt proceeding is not like an execution proceeding under the

Case Briefs High Courts

Ker HC | There is no requirement that the proceeding in relation to which the offence has been committed shall be pending at the time of filing an application under S. 340 (1) of the Code; Petition allowed

Kerala High Court: R.Narayana Pisharadi J., while allowing the present petition clarified, “Though Section 340 of the Code is a generic section

Case Briefs High Courts

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Photographs are secondary pieces of evidence and can vary with the angle of photography; Tribunal explains while allowing appeal in regard to BIS certification

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) allowed an appeal which was filed against the confirmation

Case Briefs High Courts

Bombay HC on Media Reporting, Obligation of Investigators, Media Trial, Freedom of Press and the proverbial ‘Lakshman Rekha’ for Media Houses || Read this detailed report unravelling several significant aspects cropped in light of Sushant Singh Case

“Any report of the press/media, having the propensity of tilting the balance against fair and impartial “administration of justice”, could make a mockery of the justice delivery system rendering ‘truth’ a casualty. “

Case Briefs High Courts

Sikk HC | [O. VI R. 17 CPC] Amendment can be allowed provided it does not prejudice the rights of the respondents to take up the grounds on waiver and acquiescence at the time of final hearing; HC reiterates

Sikkim High Court: Meenakshi Madan Rai, J., while allowing the application made for the amendment of pleadings, held “The proposed amendment, in

Case Briefs Supreme Court

Nothing arbitrary with J&K High Court Chief Justice choosing to regulate the manner of exercise of his own power to relax qualifications: Supreme Court

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian*, JJ has set aside the order of