Case Briefs Archives

Madras HC | If Advocate stickers are being misused for criminal activities by sticking it in vehicles to intimidate Police, why not ban the same? Court asks

Madras High Court: The Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., addressed a matter wherein it was stated that the law

Case Briefs High Courts

Bom HC | Whether unmarried daughter who is major by age, entitled to claim maintenance from father till her marriage? HC explains law in light of Hindu Adoption & Maintenance Act

Bombay High Court: Nitin W. Sambre, J., while setting aside the orders pronounced by the Courts below observed that, “the law already gives

Case Briefs Supreme Court

Appointments and functioning of Tribunals| Tribunal Rules 2020 valid but need modifications, National Tribunals Commission to be constituted; directs SC [Read Directions]

“Dispensation of justice by the Tribunals can be effective only when they function independent of any executive control: this renders them credible and generates public confidence.”

Case Briefs High Courts

Madras HC | Partially deaf and mute victim voiced to have been subjected to attempt to rape: Read HC’s ruling

Madras High Court: B. Pugalendhi, J., while partly allowing the appeal modified the offence to fall under Section 354 of the Penal

Case Briefs Supreme Court

Anvay Naik Suicide| High Court abdicated it’s duty by failing to make prima facie evaluation of FIR. Here’s why SC granted interim bail to the accused

“The remedy of bail is the solemn expression of the humaneness of the justice system.”

Case Briefs High Courts

Chh HC | Legal position regarding ‘condonation of delay’ discussed; Justice oriented approach to be followed by Courts

Chhattisgarh High Court: Sanjay K Agrawal, J., condoned the delay and set aside the impugned order by adopting a justice-oriented approach in

Case Briefs High Courts

Chh HC | How is “doctrine of preponderance of probabilities” applied in cases relating to Motor Vehicle Act? Appeal Allowed

Chhattisgarh High Court: Parth Prateem Sahu J., set aside the impugned award and allowed the appeal by applying the doctrine of preponderance

Case Briefs High Courts

Del HC | Is it necessary for trial and inquiry for an offence to take place only where the occurrence would have taken place? Law in regard to ‘Jurisdiction’ explained

Delhi High Court: Suresh Kumar Kait, J., addressed a matter involving the determination of jurisdiction with regard to the occurrence of a

Case Briefs Foreign Courts

“Even in a pandemic, the Constitution cannot be forgotten”- In a split decision, SCOTUS upholds First Amendment guarantee of religious liberty and bars restrictions on religious services in New York

Supreme Court of the United States (SCOTUS): While deliberating upon the applications seeking relief from an Executive Order issued by the Governor

Case Briefs Supreme Court

No relief to Skoda Volkswagen as SC refuses to quash FIR over alleged use of cheat devices

“The law is well settled that Courts would not thwart any investigation.”

Case Briefs High Courts

Gau HC | In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be recovered from retirement benefits; law laid down by SC reiterated

Gauhati High Court: Achintya Malla Bujor Barua J., while reiterating the principle laid down by Supreme Court, with respect to calculation and

Case Briefs High Courts

All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers

Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Enterprise Resource Planning (ERP) does not attract service tax under the category of Management or Business Consultant Service; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case Briefs High Courts

AP HC | Extensive Analysis of Trade Marks Law: Can injunction be granted in case a trade mark falls under ambit of ‘Test of likelihood of confusion or deception’? Read more on Buyer Confusion

Andhra Pradesh High Court: R. Raghunandan Rao, J., addressed a matter wherein the law relating to Trade Mark and Passing off was highlighted

Case Briefs High Courts

Del HC | Is it lawful for a wife to agree to a settlement deed in the process of dissolving of marriage wherein she settles that her minor children will not claim maintenance in future? Court explains

Delhi High Court: Anu Malhotra, J., addressed a matter wherein the husband and wife reach a settlement and the wife agrees to

Case Briefs Supreme Court

2015 Guru Granth Sahib sacrilege| ‘No threat to the lives of accused or to fair trial’; SC refuses to transfer the trial outside Punjab

“The transfer of trial from one state to another would inevitably reflect on the credibility of the State’s judiciary. Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.”