Case Briefs Archives

Cal HC | No sale or purchase of firecrackers in any form: State to ensure that there is no use of firecrackers during Diwali celebrations & Kali Puja

Calcutta High Court: A Division Bench of Sanjib Banerjee and Arijit Banerjee, JJ., directed the State to ensure that there is no use

Case Briefs Supreme Court

Does the remedy under Section 14 of SARFAESI Act becomes redundant if DM is unable to take possession of secured assets within time limit? Read what SC says

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has upheld Kerala High Court’s decision holding

Case Briefs Supreme Court

Is obstruction & abuse by upper caste person due to property dispute an offence under SC/ST Act? Not in all cases, says SC

Supreme Court: In a case where abuses were hurled by a person of upper caste at a person belonging to Scheduled Caste

Case Briefs Foreign Courts

SCOTUS gives a sharp critique to the Fifth Circuit Court for venturing into an “uncertain area of Tort law, especially when it has implications for First Amendment Rights” without seeking guidance from the Louisiana Supreme Court

Supreme Court of The United States (SCOTUS): While deciding the instant petition for granting the writ of certiorari, wherein a question of

Case Briefs High Courts

Ori HC | Does concept of ‘Equality’ applies on minimum wages as well as absorption of temporary employees at par with regular employees in government services? Petition allowed in part

Orissa High Court: A Division Bench of S. K Mishra and A.K Mishra, JJ., allowed the petition in part wherein it stated

Case Briefs High Courts

Telangana HC | Restating the law on permissibility of quashing of criminal proceedings, Court directs SHO to conduct investigation following S. 41-A CrPC

Telangana High Court: K. Lakshman, J., addressed an issue in the criminal petition in light of Section 41-A of the Criminal Procedure Code,

Case Briefs High Courts

Ker HC | Anticipatory Bail can be allowed in offences under SC/ST (POA) Act only in event of no prima facie case being made out against accused; Appeal dismissed

Kerala High Court: V.G. Arun J., while dismissing the present appeal clarified on the applicability of Section 438 Criminal Procedure Code, 1973

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Collusion of authorities in allowing illegal sand mining suspected; Tribunal directs to not merely recover loss of royalty but also for loss to environment

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

Case Briefs High Courts

J&K HC | Magistrate can delegate power of verifying allegations before registration of FIR while entertaining an application under S. 156(3) CrPC; Petition dismissed

Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition challenging the delegation of power by the Magistrate to

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Whether use of firecrackers be banned in Delhi-NCR from 7th November to 30th November, 2020 in public interest? Tribunal to decide

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

Case Briefs Supreme Court

PCS (Judicial) Exam| As 47 seats remain vacant, SC asks Justice AK Sikri & Justice SS Saron to re-check some papers in 2 subjects to gather what went wrong

Supreme Court: In the case relating to Punjab Civil Services (Judicial) appointments*, where only 28 people have been recruited against a total

Case Briefs Supreme Court

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Case Briefs Supreme Court

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,

Case Briefs High Courts

Kar HC | Whether entering ‘appearance’ by Advocate but not contesting the case be considered as Ex-parte proceedings under Order 9 Rule 13 CPC? Court explains

Karnataka High Court: M. I. Arun J. dismissed the petition without interfering in the discretion exercised by the Appellate Court in the

Case Briefs High Courts

Pat HC | Party’s conduct lacks bonafide and was only with the view for the court to interfere and grant indulgence, Court has been misled; anticipatory bail denied

Patna High Court: Ahsanuddin Amanullah, J., dismissed an application for grant of pre-arrest bail to the petitioners. The petitioners apprehend arrest in

Case Briefs High Courts

Ker HC | Accused forced to plead guilty without being given an opportunity to avail assistance from a legal practitioner; HC sets aside order

Kerala High Court: In an appeal against the order delivered by JMFC, Mallapuram; P. Somarajan, J., allowed the same setting aside the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Is it necessary to take consent under Water and Air Act to establish garbage processing plant? Tribunal directs closure of plant

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Assessee eligible for availing CENVAT credit on service tax paid on outward transportation of its finished goods; Tribunal dismisses appeal by the Revenue

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member), dismissed an appeal filed by the Revenue alleging that the

Case Briefs High Courts

HP HC | Exclusive and conscious possession of contraband substance under NDPS Act can be a deterring ground for grant of bail; petition dismissed

Himachal Pradesh High Court: Chander Bhusan Barowalia J., while rejecting the present petition observed that the ingredients of Section 37 NDPS Act

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

If a person carries out trading in shares on an occasional basis by opening a Demat Account, will that person come under the ambit of Consumer? Read NCDRC’s opinion

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) addressed the question of who can be considered a consumer under Section