Case Briefs Archives

Mere lack of State Government’s prior consent does not vitiate CBI investigation in absence of prejudice caused to accused; says SC

State of Uttar Pradesh has accorded a general consent for investigation of cases by CBI in the whole of UP.

Ker HC | Can demand notices issued under S. 13(2) of SARFAESI Act be challenged invoking writ jurisdiction of High Courts? Court considers

Kerala High Court: A.M. Badar, J., while addressing the instant matter held that, demand notices under Section 13(2) of the SARFAESI Act can

Case Briefs High Courts

Kar HC | Is petition under S. 125 CrPC maintainable when an order of compensation has been granted under Protection of Women from Domestic Violence Act, 2005; Petition allowed

Karnataka High Court: Jyoti Mulmani J., allowed the revision petition on grounds of failure to ascertain and understand the material propositions involved

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Procedural lapse is condonable and denial of substantive right is unjustified; Tribunal allows appeal under R. 6 (3A) (ii) of Cenvat Credit Rules, 2004

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

Case Briefs High Courts

[MV Act] Kar HC | Strict rules of evidence are not required to be followed in matters relating to MV Act, 1988; Petition allowed

Karnataka High Court: A Division Bench of Alok Aradhe and H.T. Narendra Prasad JJ., allowed the appeal stating that the Tribunal is

Case Briefs High Courts

AP HC | Can the Magistrate apart from police officer be liable for departmental action along with Contempt of Court before HC? Law explained in light of Arnesh Kumar’s decision by SC

Andhra Pradesh High Court: Lalitha Kanneganti, J., addressed a matter wherein the accused was arrested without warrant alleged to have posted certain material

Case Briefs Supreme Court

No mention of intention to blacklist in the show cause notice? SC says such show cause notice and consequent blacklisting order liable to be quashed

Blacklisting can effectively lead to the civil death of a person.

Case Briefs Supreme Court

Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC

Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,

Case Briefs High Courts

Pat HC | Judicial approach on the death penalty ought to be cautious, circumspect and careful more so because the decision is permanent and irreversible; Appellant acquitted

Patna High Court: A Division Bench of Sanjay Karol CJ. and S.Kumar J., while addressing a death reference coupled with the criminal

Case Briefs High Courts

Bom HC | 70-year old man convicted under S. 10 POCSO Act for touching breast of a minor child aged 8 years old amounting to ‘aggravated sexual assault’

Bombay High Court: Vinay Joshi, J., altered the conviction for rape and penetrative sexual assault to an act of aggravated form of

Case Briefs Foreign Courts

SCOTUS | A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different; Exemption upheld

Supreme Court of the United States: A Full Judge bench of Warren E. Burger, C.J., Lewis Powell, Harry Blackmun, William Brennan, William

Case Briefs High Courts

HP HC | [Policy and Education] Opening of a Government College is a policy decision of the Government permitting limited scope of judicial review

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while vacating the interim order to

Case Briefs High Courts

Ker HC | Fourth Estate is rostrum to address matters of public interest on democracy: News items published with necessary comments, though sometimes contemptuous, may not amount to defamation

Kerala High Court: P. Somarajan, J., observed that, “…fourth estate is not expected to shy away from the matters governing public importance, but

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT rules that whilst considering a withdrawal application under S. 12A, the only date relevant is the date of filing the application and not the date of settlement/consent terms

The NCLT Mumbai Bench was recently faced with a peculiar situation wherein post admission of a Petition, the Operational Creditor and Corporate

Advance Rulings Case Briefs

HP AAR | Can ITC be availed on GST paid for hiring vehicles for employee transportation? AAR considers

Himachal Pradesh, Authority for Advance Rulings: The Division Bench of Rakesh Sharma, Additional Commissioner of State Taxes and Excise, Member (State Tax) and

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Executing Court cannot go behind the decree and therefore, State Commission has no option but to execute Order passed in Consumer Complaints

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member), observed that Executing Court cannot go behind the decree and therefore, the

Case Briefs High Courts

Megh HC | “Facebook post sought to create a divide to cordial relationship between tribal & non-tribal living in Meghalaya”; Criminal Case against journalist refused to be quashed over Facebook post

Meghalaya High Court: W. Diengdoh, J., while refusing to quash a criminal case against a journalist as the Facebook post shared by the

Case Briefs High Courts

Chh HC | S. 320 CrPC is no bar to the exercise of power of quashing of FIR in matrimonial matters; Petition allowed

Chhattisgarh High Court: Sanjay K Agrawal J., allowed the petition based on the settled principle of law. The present writ petition has

Case Briefs High Courts

Telangana HC | Uncontrolled & Untrammelled use of fireworks may jeopardize lives of many; State directed to immediately clampdown and close shops selling fireworks

Telangana High Court: The Division Bench of Raghavendra Singh Chauhan, CJ and Vijaysen Reddy, J., while banning the use of firecrackers stated that,

Case Briefs Foreign Courts

Actor Johnny Depp’s libel action against The Sun newspapers dismissed | Detailed Report

London High Court of Justice (Queen’s Bench): The instant high profile case of libel brought in by well known American actor Johnny