Case Briefs Archives

SL CoA | Respect for rule of law is the foundation of Constitution, settlement of IDPs who were displaced due to war in Sri Lanka needs to be done keeping in mind rule of law; Court partly allows appeal

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Janak De Silva and N. Bandula Karunarathna,

Case Briefs High Courts

HP HC | Whether ‘Appropriate Government’ can while exercising powers under S.10(1) of ID Act decline reference to Tribunal on the ground of delay, stale claim or faded/eclipsed dispute; larger bench to decide

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ., while deciding the present matter challenging

Case Briefs Supreme Court

Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it’s not an unusual event in long drawn out trials in India

Supreme Court: In a case dating back to 1999 where a married woman was found dead in her matrimonial home, the bench

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC decides whether disclosure of income tax returns and gross income of husband to his wife is permissible under RTI Act or not || Read the decision

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decided whether disclosure of income tax returns of the husband to wife under RTI

Case Briefs High Courts

All HC | Accident claim cases under MV Act whether governed by amended or unamended S. 166? Court determines

Allahabad High Court: Dr Kaushal Jyendra Thaker, J., decided an appeal with regard to the claim petition being filed beyond 6 months and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | ‘Lack of funds no excuse for State’s failure to maintain clean environment which is a fundamental right’: Govt. of HP directed to take remedial steps to contain pollution

National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Satyawan Singh Garbyal and Dr

Case Briefs High Courts

Jhar HC | Clarifying the scope of Para 5(1) of Schedule V to the Constitution, Court strikes down notification granting preferential treatment to residents of scheduled districts in matters of public employment

Jharkhand High Court: A Full Bench of H.C. Mishra, Shree Chandrashekhar and Deepak Roshan JJ., while deciding on the validity of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether an ‘Unsuccessful Resolution Applicant’ whose Resolution Plan gets rejected by CoC has locus to question implementation of approved Resolution Plan? NCLAT thoroughly determines

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Judicial Member), Dr

Case Briefs Supreme Court

Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC

Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Third Party-Information in light of S. 11 of RTI Act & exemption of disclosure of information: Read Commission’s view

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) addressed the instant matter and highlighted the essence of provisions of Right To Information

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund under the provisions of S. 27A of Customs Act, 1962 does not arise; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Venkata Subba Rao (Technical Member) allowed an appeal which was filed against the

Case Briefs High Courts

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

Himachal Pradesh High Court: Anoop Chitkara, J., setting aside the conviction against the petitioner, discussed the effect of compromise between the parties

Case Briefs High Courts

Del HC | While religious sentiments of society must be respected, right to life & health of public at large can’t be sacrificed at altar of right to celebrate a festival: HC refuses permission to celebrate Chhat Puja at public places

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while addressing the instant matter observed that, While religious sentiments

Case Briefs High Courts

All HC | If a natural guardian faces criminal charges relating to death of spouse, can custody of children or visitation rights be granted? HC discusses

Allahabad High Court: J.J., Munir, J., addressed a matter wherein the father of the minor children has been facing trial for criminal charges

Case Briefs Supreme Court

All is not lost for Shiksha Mitras as SC dismisses their plea challenging 2019 Assistant Teachers’ recruitment process but asks UP Govt to give them a third chance

Uttar Pradesh Government can now fill up 69, 000 posts in terms of the result declared on 12.05.2020.

Case Briefs Supreme Court

High Court not obliged to frame substantial question of law if no error is found in First Appellate Court’s findings; says SC

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has held that the High Court is

Case Briefs High Courts

Ker HC | If a particular income is not taxable under Income Tax Act, it cannot be taxed on basis of estoppel or any other equitable doctrine; Court reiterates principles for recovery under Income Tax Act

Kerala High Court: Vinod Chandran J., while answering the law points in favour of the Revenue department, restrained from any recovery of

Case Briefs High Courts

Kar HC | While exercising discretionary powers of deciding ‘exceptional circumstances’, SEC cannot ignore Constitutional mandate under Art. 243E; Directions issued to schedule Panchayat elections

Karnataka High Court: A Division Bench of Abhay S. Oka CJ. and Ashok S. Kinagi J., while partly allowing the present petition,

Case Briefs High Courts

Del HC | Whether information in respect of an investigation carried out by office of DG of Income Tax (Investigation) is required to be intimated to complainant? Read HC’s view

Delhi High Court: Suresh Kumar Kait, J., while addressing the present matter, observed that, Providing information regarding an ongoing investigation to its informer

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBBI | Is an Insolvency Resolution Professional eligible to accept an assignment after 31st December 2019? Relevant Provision explained in light of IP regulations

Insolvency and Bankruptcy Board of India (IBBI): Dr Mukulita Vijayawargiya (Whole Time Member, IBBI) disposed of a show-cause notice issued to a