Case Briefs Archives

“Unless there are any specific reasons for not opening, all Anganwadi Centres beyond the containment zones should be made functional by all the States/Union Territories at an early date”; SC directs

“Children are the future of our country and if there is some stinginess in providing them with adequate nutrition, the country as a whole is deprived in future of taking the benefit of their potential.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of service tax for an extended period of limitation along with interest dropped; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the rejection of

Case Briefs Supreme Court

“Open surface water resources including rivers are lifeline of human civilization”; SC directs Central Pollution Control Board to submit a priority-wise list of Municipalities, along the river Yamuna which have been found to be most polluted

Supreme Court: In a case regarding increased ammonia levels in river Yamuna due to discharge of pollutants, the 3-judge bench of SA

Case Briefs High Courts

Madras HC | “Authorities need to be told that right to property has close nexus with right to life under Art. 21”: HC while issuing notice in acquisition matter pending from 16 yrs

Madras High Court: N. Seshasayee, J., said that if the allegations made in the present petition were true then it exposes the callousness

Case Briefs High Courts

All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory

“The society has an ever-changing phenomenon. It keeps changing with time as per its new needs, expectation and other changing aspects. The very purpose of law is to serve society as per its requirements; therefore, the law also keeps evolving with the changes in society.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT| Mental disorders can escape detection, benefit of doubt cannot be given to the applicant merely on ground that disease could not be detected at the time of enrolment; Tribunal denied disability pension

Armed Forces Tribunal: Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, allowed the application

Case Briefs High Courts

All HC | [Bail under SC/SCT (POA) Act] Failure to serve notice of bail upon victim, is failure of State to perform its statutory function; Accused cannot be visited with penal consequences for default of the State

Allahabad High Court: Ajay Bhanot, J., while allowing the present petition, on e-bail applications, said, “The process of law cannot move at

Case Briefs High Courts

Ker HC | When petitioner has produced prima facie materials to show that she belongs to SC community, respondents cannot brush aside the claim without a proper enquiry; impugned order set aside

Kerala High Court: N.Nagaresh J., while allowing the present petition and directing consequential benefits, held, “…it is evident that the 2nd respondent

Case Briefs Tribunals/Commissions/Regulatory Bodies

Establishment of direct quantified damage/loss to an investor in personam is not an essential ingredient to prove charges of price manipulation; SEBI explains

Securities and Exchange Board of India (SEBI): S.K. Mohanty, (Whole Time Member) while holding the Noticees liable for manipulative trade practises explained,

Case Briefs Supreme Court

Whether the arbitral process could be interfered under Article 226/227 of the Constitution, and under what circumstance? Supreme Court explains

“If the Courts are allowed to interfere with the arbitral process beyond the ambit of the enactment, then the efficiency of the process will be diminished.”

Case Briefs High Courts

Del HC | “Ss. 69 and 132 of CGST Act prima facie valid; Power to arrest and prosecute is prima facie ancillary to power to levy and collect GST”: Read HC’s detailed analysis

Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., upheld the validity of Sections 132 and 69 of the

Case Briefs High Courts

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for

Case Briefs High Courts

J&K HC | Any person having attained the age of majority is entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty if approached; Petition allowed

Jammu and Kashmir High Court: Sindhu Sharma, J., while allowing the present petition, issued directions to the police authorities, to ensure that

Case Briefs High Courts

Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer

Patna High Court: The Division Bench of Shivaji Pandey and Partha Sarthy, JJ., addressed the demand of Bihar Public Service Commission to

Case Briefs High Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

Case Briefs High Courts

P&H HC | Whether in absence of enabling power in the Service Rules, the period of tenure posting could be extended by the State or its instrumentalities? Court explains

Punjab and Haryana High Court: Anil Kshetrapal, J., addressed the validity of the order granting extension in the service to respondent 6

Case Briefs High Courts

Ker HC | Powers of Court under S. 34 of the Arbitration Act, 1996 are merely supervisory in nature; Court cannot correct errors from the order of Arbitrator, but can only quash it: HC explains

Kerala High Court: The Division Bench of C.T. Ravikumar and K. Haripal, JJ., partially allowed the instant appeal challenging the correctness of

Case Briefs High Courts

Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions

Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of

Case Briefs High Courts

Utt HC | Elections at regular intervals is mandated by law; Court issues directions

Uttaranchal High Court: Manoj K. Tiwari, J., disposed of a writ petition while issuing directions which was filed by the member of

Supreme Court

Does non-payment of stamp duty in a commercial contract invalidate the arbitration clause? Issue referred to the Constitutional bench to decide

Supreme Court: The three-judge bench comprising DY Chandrachud, Indira Banerjee and Indu Malhotra, JJ. has observed that non-payment of stamp duty in