Case Briefs Archives

Bom HC | If the wife is earning something for livelihood, can the same be a ground to refuse alimony under S. 24 of Hindu Marriage Act? Read Court’s ruling reiterating SC’s decision

Bombay High Court: Mangesh S. Patil, J., in the present application directed the husband to pay an amount of Rs 10,000 towards alimony

Case Briefs Supreme Court

Person holds graduation/B.Ed. degrees but gets temporarily appointed initially. Another obtains degrees after appointment. Who can claim seniority? SC answers

Supreme Court: In the case relating to seniority of teachers appointed with Shri Samarth Shikshan Sansthan, the 3-judge bench of L. Nageswara

Case Briefs High Courts

All HC | Court enlists factors to be considered while deciding question of harassment of girl whose photos are posted on social media without consent/for revenge

Allahabad High Court: Rahul Chaturvedi, J., held that the age of the girl, her personality, her upbringing, the social and financial status of

Case Briefs High Courts

[MV Act] Chh HC | Whether ‘gratuitous passenger’ is covered for compensation under ‘Liability Only Policy’ by insurance company? Ambit of “Legal representatives’ discussed

Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the

Case Briefs High Courts

Bom HC | Can real estate developers rely on ‘force majeure’ clause to deny possession to homebuyers? Court explains

Bombay High Court: S.C. Gupte, J., held that a real estate developer cannot rely on usual ‘force majeure’ clause to deny possession to

Case Briefs Supreme Court

Telangana-Andhra Pradesh Power Staff allocation dispute| Here’s why Supreme Court refused to interfere with Justice Dharmadhikari (One-Man) Committee report

Supreme Court: In the dispute relating to distribution of personnel between the Telangana and Andhra Pradesh Power Generation Corporations, the bench of

Case Briefs High Courts

HP HC | [Or. 1 R. 10 CPC] Due to subsequent events, proforma defendant had started sailing in the plaintiff’s boat and had acquired interests common to the plaintiff; Transposition of parties upheld

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., while rejecting the present petition, upheld the decision of the trial court as the

Case Briefs High Courts

Bom HC | State Govt. declares ATMA, XAT, MAT, GMAT entrance tests not to be valid eligibility for MBA/MMS courses, instead only MS-CET, CMAT and CET to be valid: Read HC’s decision on Government Circular

Bombay High Court: The Division Bench of Dipankar Datta, CJ and G.S. Kulkarni, J., observed that “…any action on the part of the

Case Briefs High Courts

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | If an applicant finds the finding of a Judgment to be erroneous, can he be permitted to seek rehearing of appeal under R. 11 of NCLAT Rules, 2016? Tribunal considers

National Company Law Appellate Tribunal(NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Shreesha Merla (Technical Member), while addressing the

Case Briefs High Courts

All HC | Court should not be too technical when it feels convinced about trustworthiness of dying declaration, which if inspires confidence, can be acted upon, without any corroboration

Allahabad High Court: The Division Bench of B. Amit Sthalekar and Shekhar Kumar Yadav, JJ., held that dying declaration can be acted upon

Case Briefs Supreme Court

Impressed with Convenience Note filed by Chhattisgarh’s Standing Counsel, SC asks all Standing Counsels to take it as Standard Format. Here’s the Note

Supreme Court: Appreciating the presentation made by State of Chhattisgarh’s Standing Counsel Sumeer Sodhi by filing a Convenience Note, the 3-judge bench

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | S. 65 of IBC is not meant to negate process under S. 7 or 9 of IBC; Penal action under S. 65 can be taken only when provision of Code has been invoked fraudulently, with malicious intent

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) and Shreesha Merla (Technical

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Less than 12 residential units to be covered under exemption clause, refund allowed; Tribunal considers the Architect certificate, floor plan

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) allowed an appeal filed against the rejection of refund

Case Briefs High Courts

[Flashback] Pendency of Cases being a pressing issue, Madras HC in its 2018 decision had issued guidelines highlighting: Cases of Absconding Persons || Detailed Report

Madras High Court: N. Anand Venkatesh, J., issued guidelines pertaining to deal with cases wherein accused persons are absconded leading to the pendency

Case Briefs High Courts

HP HC | Whether the trial court can exercise any discretion while entertaining an application under S.145 of the NI Act; HC elucidates upon procedural nuances

Himachal Pradesh High Court: Vivek Thakur, J. while setting aside the impugned order, relied on settled legal precedents and discussed at length,

Case Briefs High Courts

All HC | Is the District Magistrate under obligation to provide protection to senior citizens being harassed by their children? HC explains

Allahabad High Court: The Division Bench of Pankaj Mithal and Saurabh Lavania, JJ., directed the District Magistrate to provide protection to senior citizens