Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Who can invoke jurisdiction of NGT under Ss. 14, 15 of NGT Act? Tribunal answers

National Green Tribunal (NGT), Principal Bench, New Delhi: The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member)

Case Briefs Supreme Court

MLA casts vote in Rajya Sabha election in morning, gets convicted in the afternoon. Such vote will still be valid despite MLA’s consequent disqualification, holds SC

“To hold that a Member of the Legislative Assembly stood disqualified even before he was convicted would grossly violate his substantive right to be treated as innocent until proved guilty.”

Case Briefs Supreme Court

Supreme Court issues contempt notices to comic Kunal Kamra and cartoonist Rachita Taneja

Supreme Court: The 3-judge bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has issued notice to cartoonist Rachita Taneja

Case Briefs Taxation Tribunals/Commissions/Regulatory Bodies

ITAT | Will the benefit of CBDT Instruction No. 1916 take away the benefit of explained jewellery acquired by an assessee? Tribunal explains

Income Tax Appellate Tribunal (ITAT), Jaipur: The Bench of Vijay Pal Rao, JM and Vikram Singh Yadav, AM, held that, the benefit of CBDT Instruction

Case Briefs Supreme Court

COVID-19| Pandemic is spreading like a wild fire. Take strict action against those violating Guidelines “whoever he may be”; make treatment affordable: Supreme Court

“Even if one survives from COVID-19, many times financially and economically he is finished.”

Case Briefs High Courts

Del HC | Can continuing with an intimate relationship involving sexual activity over a significant period of time, be construed as involuntary? Court answers

Delhi High Court: Vibhu Bakhru, J., observed that it is difficult to accept that continuing with an intimate relationship, which also involves engaging

Case Briefs High Courts

All HC | In case owner of vehicle does not intimate Insurance Company about the accident, can Insurance Company be exempted from paying interest? HC explains

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., observed that if the insurance co. will not be liable to pay interest, then it

Case Briefs High Courts

Del HC | [InterDigital v. Xiaomi] Constitution of a “two-tier” Confidentiality Club in Standard Essential Patents Litigation: Read why HC considered such an arrangement to be against the principles of natural justice & fair play

Delhi High Court: C. Hari Shankar, J., after a wholesome discussion, rejected the idea of the constitution of a “two-tier” Confidentiality Club

Case Briefs Supreme Court

Bombay High Court could not have granted Scheduled Tribe status to “Gowari” community, holds SC. Read what happens to admissions, employment secured so far

Supreme Court: In a case where the Bombay High Court declared that tribe “Gowari” is a part of Scheduled Tribe “Gond Gowari”

Case Briefs Supreme Court

COVID-19| Do you see authorities pasting posters outside COVID-19 positive persons’ homes? They can’t do that [Read SC Order]

No such direction has been issued by the Government of India.

Case Briefs High Courts

Kar HC | Interpreting the term ‘enquiry’ under S. 43A of Karnataka Panchayatraj Act 1993, Court lays strict emphasis on procedural compliance before any State Action of removal; Petition allowed

Karnataka High Court: A Division Bench of G. Narendar and M.I. Arun JJ., allowing the present petition, discussed the meaning, scope and

Case Briefs Supreme Court

After a suicide note made it to newspapers in a dowry death case, Supreme Court says ‘Selective leaks to media neither fair to accused nor to victims’

“To expect that the family of the deceased should be scouring the pages of the print and electronic media before reporting the crime is a mockery of the human condition.”

Case Briefs Supreme Court

Supreme Court refuses to interfere with Allahabad High Court’s order quashing Dr. Kafeel Khan’s detention

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has refused to interfere with Allahabad

Case Briefs Supreme Court

Farmers’ protest can continue peacefully without impediment. Supreme Court calls for constitution of a committee to resolve the issue

“Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order.”

Case Briefs High Courts

Del HC | Can absence of eyewitness in a sexual harassment incident detract complainant’s credibility before Internal Complaints Committee constituted at a workplace? HC explains

“…it is this gender conditioning that leads men to abuse, ill-treat or become violent towards women and TGs or treat them disparagingly and with condescension.”

Case Briefs High Courts

Gau HC | No blanket order of appointment can be passed in favour of any ‘Affected Candidate’ in terms of Rule 2(a) of the Assam Public Service (Preferential Appointment) Rules, 1999; HC clarifies

Gauhati High Court: Manojit Bhuyan J., simplifying the applicability of Rule 3 and Rule 4 of Assam Public Service (Preferential Appointment) Rules,

Case Briefs Supreme Court

Ola, Uber do not facilitate cartelization or anti-competitive practices between drivers, holds SC but says no to imposing “heavy cost” on the informant

“When the CCI performs inquisitorial, as opposed to adjudicatory functions, the doors of approaching the CCI and the appellate authority, i.e., the NCLAT, must be kept wide open in public interest.”