Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Fraudulent misstatements in financial statements will amount to misrepresentation /unfair trade practice under Regulation 4(2) of SEBI PFUTP Regulations, 2003

Securities Exchange Board of India: G. Mahalingam, Whole-time member retrained the promoters of the Dewan Housing Finance Limited i.e. DHFL from accessing

Case Briefs Supreme Court

Candidate suppresses his over-qualification during recruitment process. Can he later contend that over-qualification can’t be a disqualification? Here’s what SC says

Employers prescribe qualifications to any post, not Courts.

Case Briefs Supreme Court

Two men walk free after 12 years in prison as SC holds that conviction cannot be based solely on refusal to undergo a Test Identification Parade

The finding of guilt cannot be based purely on the refusal of the accused to undergo an identification parade.

Case Briefs Foreign Courts

UK SC | Can damages be recovered for “consequences” of having committed a crime during a serious psychotic episode? Detailed Report

Supreme Court of United Kingdom: In the instant appeal where the issue was whether the claimant can recover damages for the “consequences”

Case Briefs High Courts

Pat HC | Whether transferee pendente lite have a right to be added as parties to partition suit? Court explains legal position

Patna High Court: Mohit Kumar Shah, J., while addressing the instant partition suit decided on the question as to whether: transferee pendente

Case Briefs Supreme Court

Connection with agricultural land a must for homestead land & waterbodies to come within the purview of the WB Restoration of Alienated Land Act, 1973

Homestead land when included within the meaning of the term “land” in 1973 Act means homestead of an agriculturist and not any and every structure on non-agricultural land.

Case Briefs High Courts

[Succession] Madras HC | “Stale claim resurrected for some other reason”: Court rejects claim to property filed by husband and son of alleged co-parcener

Madras High Court: R. Subramanian, J., dismissed the second appeal filed in regard to suit for partition and granting possession of share to

Case Briefs High Courts

Chh HC | Parole granted to a female convict having committed offence under S. 302 IPC; Impugned order by District Magistrate set aside

Chhattisgarh High Court: Sanjay K Agrawal J., set aside the impugned order having no substantial reason for rejecting parole of a female

Case Briefs High Courts

Madras HC | “Framers trusted Constitutional Appointees to perform duties promptly”; Court invokes Art. 200 while enouncing Governor’s responsibility of taking early decision when a Bill is presented for assent

Madras High Court: A Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., said that a Constitutional Authority has to take a

Case Briefs Supreme Court

Are you a homebuyer planning to take builder to Court? SC says you can choose between seeking remedy under the RERA Act or the Consumer Protection Act

The RERA Act does not bar the initiation of proceedings by allottees against the builders under the Consumer Protection Act, 1986.

Case Briefs High Courts

Del HC | Is the liability of Principal Borrower and Guarantor co-extensive? Court reiterates SC’s position on continuation of SARFAESI proceedings against Guarantor by banks

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., considered the following question: Whether a bank/financial institution can institute

Case Briefs High Courts

[MV Accident Claims] All HC | What is liability of insurer in accident case of contributory as well as composite negligence; on whom lies burden of proof? Court extrapolates

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., directed the insurance company to indemnify the claimants of the deceased who died in an

Case Briefs High Courts

Ker HC | Any condition that requires petitioner to make a pre-deposit of any amount for invoking the arbitration would fall foul of the law declared by SC; Petition allowed

Kerala High Court: A.K. Jayasankaran J., allowed the present petition, clarifying the scope and ambit of powers to be exercised by Courts

Case Briefs High Courts

Bom HC | Can “cooling-off period” under S. 13-B(2) of Hindu Marriage Act be waived? Legal position discussed in a case of pregnant woman

Bombay High Court: Nitin W. Sambre, J., allowed an application seeking waiver of the cooling-off period on an urgent basis in light of

Case Briefs High Courts

Kar HC | Whether delay and latches be put against a person who approaches the Writ Court under Article 226 of the Constitution? HC determines

Karnataka High Court: S. G. Pandit J., rejected the petition on the ground of delay and latches. The facts of the case

Case Briefs High Courts

Kar HC | Franklin Templeton and the provisionary application of SEBI Mutual Fund Regulations; Petition allowed with necessary directions

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

Case Briefs High Courts

[Practice & Procedure] Del HC | Presence of informant or person authorised obligatory while hearing application for bail to person accused under POCSO Act: Court extends Practice Direction to POCSO offences

Delhi High Court: A Division Bench of G.S. Sistani and Anup Jairam Bhambhani, JJ., directed that the provisions of the Practice Direction

Case Briefs Supreme Court Roundups

Supreme Court Monthly Roundup – October 2020

TOP STORIES Domestic Violence| Wife can claim right to residence in shared household belonging to not just husband but also to his

Case Briefs Supreme Court

SC issues notice in plea seeking regulation of social media profile verification; minors’ access and circulation of obscene material. Read what the PIL states

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has issued notice in a PIL

Case Briefs High Courts

P&H HC| Newly married lawyer keeps ‘Doli’ ceremony on hold to appear for his client. His commitment doesn’t go unnoticed

Punjab & Haryana High Court: In an interesting order, Arun Monga, J acknowledged a lawyer’s commitment towards discharging his duty to his