Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | It is incumbent on the original authority not to adjudicate the protective notices and wait till the decision of the Revisionary Authority; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals which were filed against the impugned order passed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tata Trusts Case | When can a Corpus be treated as a Capital or Investment? ITAT Mumbai

Income Tax Appellate Tribunal, Mumbai (ITAT): Dealing with the issue on nature, scope, and explanation Section 263 (2)(a) to the effect that

Case Briefs High Courts

HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates

Himachal Pradesh High Court: Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition, stating, “… power

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Reliance Industries Ltd. and it’s MD Mukesh D. Ambani found indulged in fraudulent trade practises, an exemplary penalty of Rs 25 crore and 15 crore imposed respectively by SEBI

Security and Exchange Board of India (SEBI): B J Dilip, (Adjudicating Officer) imposed the penalty of 25 crores and 15 crore respectively

Case Briefs High Courts

P&H HC | “It is unfortunate that dependents/heirs of an ex-employee, who died in harness, are being made to run from pillar to post.” HC warns state to get into action least the Court may be compelled to take a serious view of the matter

Punjab and Haryana High Court: Anil Kshetarpal, J., expressed concern over lethargic attitude of the State towards granting pensionary benefits to the

Case Briefs High Courts

Bom HC | Can a transgender contest election from a seat reserved for women candidate? HC espouses transgender people’s “Right to Self-Perceived Gender Identity”

Bombay High Court: A Vacation Bench of Ravindra V. Ghuge, J., allowed the petitioner, a transgender person, to contest the panchayat elections

Case Briefs Supreme Court

Conception that housemakers do not add economic value to the household is “a problematic idea”; Future prospect must be granted in case of motor accident of a non-earning victim: SC

The principle of awarding of future prospects must apply with equal vigor in case of non-earning victims of motor accidents, particularly with respect to homemakers.

Case Briefs Supreme Court

Can subsequent death of a dependent be a reason for reduction of motor accident compensation? Supreme Court answers

“Any compensation awarded by a Court ought to be just, reasonable and consequently must undoubtedly be guided by principles of fairness, equity, and good conscience.”

Case Briefs Supreme Court

‘Citizens have the right to know and participate in deliberation and decision making’; Justice Khanna dissents in 2:1 verdict clearing the Central Vista Project

“Deliberative democracy accentuates the right of participation in deliberation, in decision-making, and in contestation of public decision-making.”

Case Briefs High Courts

Ori HC | No doubt, industrialization is required for enhancement of revenue, but that does not mean at the cost of the lives of human being by destroying eco-system

Orissa High Court: A Division Bench of Mohammed Rafiq and B. R. Sarangi, JJ., disposed off the writ petition holding that equity

Case Briefs Supreme Court

Here’s why the Supreme Court gave a go-ahead to Central Vista Project in a 2:1 verdict [Read majority opinion]

What purpose will a public interest proceeding serve if the fulfilment of one notion of public interest leads to a clear subjugation of another legitimate action of the State taken in public interest concerning project of national importance touching upon democratic polity.

Case Briefs High Courts

Pat HC | State directed to deport foreign nationals charged for Tablighi activities to their respective countries; Allegation of preaching religious ideologies not being supported by any material, held to be an unfounded allegation

Patna High Court: Rajeev Ranjan Prasad, J., addressed petitions filed jointly by foreign nationals from Bangladesh, Malaysia and Australia on the ground

Case Briefs High Courts

Jhar HC | [Interference under Art. 226] A writ of certiorari can be issued only in exercise of supervisory jurisdiction which is different from appellate jurisdiction; HC reiterates

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J. while dismissing the present appeal, relied

Case Briefs High Courts

Madras HC | While protecting an elephant from psychological wound, HC disallows removal of ‘Lalitha’ from caretaker’s custody || Exhaustive analysis of an elephant’s bonding with caretaker

Madras High Court: G.R. Swaminathan, J., while retention of custody of an Elephant named ‘Lalitha’ to her caretaker with whom she had stayed

Case Briefs High Courts

Utt HC | Salary is a property under Art. 300-A of the Constitution of India which cannot be taken away except by authority of law; Court explains

Uttaranchal High Court: Lok Pal Singh, J., disposed off a writ petition while allowing it which was filed seeking to issue a

Case Briefs High Courts

Telangana HC | [Art. 25] No interference can be made in the absence of any complaint against an individual using his premises for conducting religious practices; HC issues necessary directions

Telangana High Court: P. Naveen Rao, J., while disposing of the present petition, directed the police authorities not to involve or obstruct

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Whether a company be exempted from min. public shareholding requirement and whether requirement of receiving 90% shareholders’ consent for Delisting be relaxed? SEBI replies in affirmative

Security and Exchange Board of India (SEBI): S. K. Mohanty, (Whole Time Member) granted exemptions to the United Provinces Sugar Company Ltd.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Individual retiring by superannuation, found suffering from disability attributable to/aggravated by military service, is entitled to benefit of rounding off of disability pension. Tribunal states

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

Case Briefs Supreme Court Roundups

Supreme Court Yearly Roundup – 2020 in review

JANUARY 2020 Story of the month 5-judge bench holds no time limit could be fixed while granting anticipatory bail Supreme Court Monthly

Case Briefs High Courts

HP HC | [Appointment of Arbitrator] An arbitral issue which can be adjudicated by a retired judge of the High Court, must not be awaited for the want of technical expertise

Himachal Pradesh High Court: L. Narayana Swamy, CJ., while allowing the present petition under Section 11 of the Arbitration and Conciliation Act,