Case Briefs Archives

Pat HC | Land acquisition proceedings quashed as Authorities fail to take physical possession of land and pay compensation as required under Land Acquisition Act, 1894

Patna High Court: Prabhat Kumar Jha, J., allowed the instant writ petition seeking to quash the entire proceeding of land acquisition and

Case Briefs High Courts

Madras HC | When in circumstances registration of case is itself an abuse of process of law, Court can exercise inherent powers

Madras High Court: R. Pongiappan, J., addressed the Criminal Original Petition seeking to quash the First Information Report of first respondent police as

Case Briefs High Courts

HP HC | [Public Interest Litigation] Process of Court cannot be abused for oblique considerations by masked phantoms who monitor at times from behind

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Sandeep Sharma, JJ., while dismissing the present petition said, “The

Case Briefs High Courts

Pat HC | [Article 21] Torture, either mental or physical, represents worst violations of individual human personality, an outright and premeditated attack on human dignity; Petition allowed against illegal detention

Patna High Court: A Division Bench of Sanjay Karol, CJ. and S. Kumar, J., while allowing the present petition, discussed the issue

Case Briefs High Courts

Ker HC | Mere issuance of summon under S. 50(2) of PMLA 2002, to state the truth or make statements does not infringe the right of anyone: No cause of action arise under Art. 226

Kerala High Court: V. G. Arun, J., dismissed the instant petition filed by the petitioner, the Additional Private Secretary to the Chief

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Discontinue unfair trade practice of arbitrarily imposing additional cost of carry bags at payment counter”: Read NCDRC’s full discussion on Consumer Rights in Big Bazaar matter

National Consumer Disputes Redressal Commission (NCDRC): The Bench of Dinesh Singh (Presiding Member) observed that: “Consumer has the right to know, before

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether a by-product from a factory be considered as manufactured goods and should it fall under ‘excisable goods’ or ‘exempted goods’ as provided in R. 2(d) of Cenvat Credit Rules, 2004; Tribunal answers while dismissing appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P. Anjani Kumar (Technical Member) dismissed an

Case Briefs High Courts

P&H HC | There could be no blanket rule that concurrent findings cannot be interfered with in the second appeal; It is more a rule of caution and less a rule of law; HC explains

Punjab and Haryana High Court: Rajbir Sehrawat, J., allowed the instant second appeal challenging the concurrent judgments and decrees passed by the

Case Briefs High Courts

Ker HC | Even if the Bank is a public sector bank, writ petition under Art. 226 is not maintainable if act in question is not one involving any element of public duty

Kerala High Court: P.V. Asha, J. allowed the writ petition questioning status of IDBI Bank as “State” under Article 12 of the

Case Briefs Supreme Court Roundups

2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent

♦ Did you know? In the year 2020, All the Constitution bench verdicts were unanimous with no dissenting opinion. 9 out of

Case Briefs High Courts

Gau HC | [Service Law] Suspension order cannot continue beyond three months without filing of charge sheet against the alleged officer or employee; HC reiterates

Gauhati High Court: Manojit Bhuyan, J., while allowing the present petition, directed to reinstate the petitioner on and from the date when

Case Briefs High Courts

Bom HC | Whether separate earnings of a widow disentitle her from claiming compensation in a case of a vehicular accident? Read the interesting aspects: Whether remarriage, number of dependents, etc. will have an impact in claim petitions

Bombay High Court: S.M. Modak, J., dealt with some significant issues in a claim petition wherein a widow is earning and has

Case Briefs High Courts

HP HC | Creation or bifurcation of Gram Panchayat is essentially a policy matter, falling in the exclusive domain and jurisdiction of the State; Petition dismissed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Sandeep Sharma, JJ., while dismissing the present petition upon lack

Case Briefs High Courts

Bom HC | Is there any prohibition for possession of skin of dead animals under Maharashtra Animal Preservation Act, 1976? HC highlights the difference between animal ‘flesh’ and ‘skin’

Bombay High Court: The Division Bench of V.M. Deshpande and Anil S. Kilor, JJ., addressed the issue on whether there is any prohibition

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | The strategy of ‘momentum trading’ is about creating its own momentum inimical to the interest of the securities market and is violative of PFUTP regulations

Securities Appellate Tribunal (SAT):The Bench of Justice Tarun Agarwala (Presiding Officer), Justice M. T. Joshi and Dr C. K. G. Nair Member

Case Briefs High Courts

Read Calcutta HC’s decision on an adult woman’s choice to marry the person of her choice and convert to another religion

Calcutta High Court: The Division Bench of Sanjib Banerjee and Arijit Banerjee, JJ., observed that an adult woman is free to marry the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether R. 6(4) credit of capital goods admissible if the production and clearance of dutiable goods takes place within two years from the date of commencement of production; Tribunal explains while allowing the appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P. Anjani Kumar (Technical Member) allowed an

Case Briefs Supreme Court

“Open category is open to all”; SC directs appointment of OBC female candidates with higher marks than General Category female candidates as Constables by UP Police

“Any selection which results in candidates getting selected against Open/General category with less merit than the other available candidates will certainly be opposed to principles of equality.”

Case Briefs High Courts

Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | “Legal fees paid to a partnership firm of lawyers can indeed be subjected to levy of tax under Art. 12 of Indo-Japanese Tax Treaty”; Foreign Tax Credit allowed under the treaty

Income Tax Appellate Tribunal (ITAT), Mumbai: The Bench of Pramod Kumar (Vice President) and Pavan Kumar Gadale (Judicial Member) allows Foreign Tax Credit