Case Briefs Archives

[NI Act]Kar HC | If the complainant produces evidence regarding the transaction as well as dishonour of cheque, is it still necessary to examine the banker to prove the endorsement issued by him? HC decides

Karnataka High Court: John Michael Cunha J., allowed the appeal and sets aside the impugned order. The case involves default under Section

Case Briefs High Courts

Madras HC | How can common citizens be expected to comply with Govt. orders when government servants themselves are not complying with the same? HC remarks

Madras High Court: The Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., while addressing the present matter, expressed that, If the

Case Briefs High Courts

Jhar HC | [Article 300-A] A person cannot be deprived of his property merely by executive fiat without any specific legal authority or without the support of law made by a competent legislature; Petition allowed

Jharkhand High Court: Rajesh Shankar, J., quashing the impugned letter, held, “The respondent 5 being an administrative/revenue Officer is supposed to know

Case Briefs High Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Case Briefs High Courts

Chh HC | Sentence reduced for offence punishable under S. 498 A IPC due to the sentence already undergone and having no criminal antecedent; Appeal allowed

Chhattisgarh High Court: Arvind Singh Chandel J., allowed the appeal and reduced the sentence to the period already undergone by the petitioner

Case Briefs Supreme Court

Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers

Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of

Case Briefs High Courts

P&H HC | Merely because two consenting adults get married to each other against wishes of their family members, they cannot be deprived of fundamental rights

Punjab and Haryana High Court: Alka Sarin, J., while addressing the present matter made an observation that: The alleged illegality of the marriage

Case Briefs High Courts

Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to

Case Briefs High Courts

J&K HC | Non-applicant cannot be convicted on the statement of co-accused recorded under S. 67 of the NDPS Act, 1985; Application dismissed

Jammu and Kashmir High Court: A Division Bench of Sanjay Dhar and Rajesh Bindal, JJ. while dismissing the present application seeking leave

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Cenvat Credit including Education Cess and SHE cess taken on R&D services entitled to be distributed; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P.V. Subba Rao (Technical Member) and P. Dinesha (Judicial Member) allowed

Case Briefs High Courts

[NI Act] Kar HC | In a case where both the complainant and the accused remained continuously absent, Court ought to have “dismissed the complaint for non prosecution under S. 256 CrPC and not on merits”

Karnataka High Court: John Michael Cunha J., allowed the appeal and set aside the impugned judgment. The case involves default under Section

Case Briefs High Courts

Jhar HC | Whether Speaker has the power to take suo moto cognizance to treat a case under Schedule X of the Constitution; HC enumerates

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J., allowing the present petition, discussed the

Case Briefs High Courts

Del HC | Can Internal Complaints Committee make comments on personal conduct of parties? Read what HC says about ‘Moral Policing’ and ‘Consensual Relationships’

Delhi High Court: Pratibha M. Singh, J., observed that: Complaints of sexual harassment are initially filed with enormous reluctance. The power of

Case Briefs High Courts

Bombay HC allows benefit of EWS quota to student from Maratha caste albeit a rider

Bombay High Court: The Division Bench of S.V. Gangapurwala and Shrikant D. Kulkarni, JJ., directed that the petitioner, belonging to the Maratha caste,

Case Briefs Supreme Court

Why are Landlord-tenant disputes under TP Act arbitrable but those under Rent Acts non-arbitrable? [‘Vidya Drolia’ explainer by Supreme Court]

Supreme Court: Three days after the Court overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706 wherein it was held

Case Briefs High Courts

Del HC reiterates SC’s position on “duty of the Courts to encourage genuine settlements of matrimonial disputes”

Delhi High Court: Anu Malhotra, J., dismissed the petition in view of the dispute being settled mutually. The instant petition sought quashing of

Case Briefs High Courts

Del HC | ‘Service Matter’ concerning persons working under Central Govt. Hospitals under Ministry of Railways. Under which provision will they be governed? HC states

Delhi High Court: Jyoti Singh, J., held that ‘service matter’ concerning the persons working in various Central Government Hospitals under the Ministry

Case Briefs High Courts

All HC | ‘Grown up adults, well aware about consequences of alleged relationship, have fundamental right of privacy’: Court while restraining any coercive action against person booked under U.P. Anti-Conversion Ordinance

Allahabad High Court: The Division Bench of Pankaj Naqvi and Vivek Agarwal, JJ., directed for no coercive action to be taken against a

Case Briefs Supreme Court

FIR is not a detailed chronicle of all intricate and minute details of an offence: Supreme Court [Read what a valid FIR is]

Supreme Court: The bench of AM Khanwilkar and Sanjiv Khanna, JJ has held that the true test of a valid FIR is only whether

Case Briefs Tribunals/Commissions/Regulatory Bodies

WB AAR | Whether composite supply of crushed food grains to State Government shall be exempted from GST? Ambit of GST in regard to Govt. functions for public welfare [Explained]

West Bengal Authority for Advance Ruling, Goods and Services Tax: The Bench of Susmita Bhattacharya (Joint Commissioner, CGST & CX) and Parthasarathi Dey