Case Briefs Archives

Bom HC | Abuse of S. 498-A IPC by making vague allegations and roping in family members of husband: Courts to carefully scrutinize allegations

Bombay High Court: A Division Bench of Z.A. Haq and Amit B. Borkar, JJ., while allowing the present criminal application filed under

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT reiterates IBC is beneficial legislation intended to put Corporate Debtor on its feet, not a mere money recovery legislation

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | All the services in question are eligible input services for rendering of output services; Tribunal allows appeal entitling appellant to input service credit

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Coram of Anil Chaudhary (Judicial Member) and C.L. Mahar (Technical Member), allowed an

Case Briefs High Courts

Chh HC | Statements of police officers cannot be discarded or looked with suspicion merely because they are involved in investigation, statements having a ring of truth can be relied upon

Chhattisgarh High Court: Gautam Chourdiya, J., upheld the decision of the trial court in a matter with regard to Section 379 Penal

Case Briefs High Courts

MP HC | Delay in lodging of FIR is no ground to discard the prosecution’s case in its entirety, medical corroboration not an absolute necessity in cases of gang rape

Madhya Pradesh High Court: Akhil Kumar Srivastava, J., dismissed the appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | S. 15J SEBI Act, 1992 may not apply in adjudication proceedings involving penalty under S. 15A SEBI Act, 1992 while determining the quantum of penalty, Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwal allowed the appeal and substituted the penalty imposed by the impugned order with a warning.

Case Briefs High Courts

Pat HC | Court while exercising jurisdiction of judicial review, cannot examine sufficiency of reasons for satisfaction of competent authority in initiating disciplinary proceedings against delinquent employees

Patna High Court: In a petition filed under Article 226 of the Constitution for issuance of a writ of certiorari, Birendra Kumar,

Case Briefs High Courts

Ker HC | Equity cannot allow a remedy affecting balance of interest between the parties; Order allowing application for withdrawal of suit at appellate stage set aside

Kerala High Court: R. Narayana Pisharadi, J., setting aside the order against impugned applications, held, “The plaintiff has no absolute right, at

Case Briefs Supreme Court

“All our counseling to Government and Government authorities have fallen on deaf ears”; SC on inordinate delay in filing appeals/petitions by Govt./State Authorities

“The Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed.”

Case Briefs High Courts

Kar HC | Court in exercise of its powers under S. 397 CrPC cannot re-appreciate evidence and arrive at a different conclusion, even if a different view is possible from the evidence; Petition dismissed

Karnataka High Court: John Michael Cunha J., while rejecting the present criminal revision petition, elaborated on scope and ambit of Section 397

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing

Case Briefs High Courts

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund is payable under S. 11BB of Central Excise Act, 1944; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals directed against the common impugned order passed by

Case Briefs High Courts

[COVID-19] Cal HC | Durga Puja Pandals to be made no-entry zone for members of public

Calcutta High Court: A Division Bench of Arijit Banerjee and Sanjib Banerjee, JJ., while laying down directions with regard to the Durga Puja

Case Briefs High Courts

P&H HC | Pending application under Or. 6 R. 17 CPC ought to have been decided prior to the decision in the application under Or. 7 R. 11 CPC; Court allows revision petition

Punjab and Haryana High Court: In a revision petition challenging an order passed under Order 7 Rule 11 CPC; Raj Mohan Singh,

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Builder has to mention the date of delivery of possession in agreement & failure to do so will be read against builder; Homebuyer cannot be made to wait for possession indefinitely

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member) held that, a homebuyer

Case Briefs High Courts

“Block Twitter handle of defendant making derogatory posts against TV Today Network and its leading anchor” Del HC allows injunction sought by media conglomerate

Delhi High Court: Mukta Gupta, J., allowed the injunction application filed by the TV Today Network finding they have established prima facie case

Case Briefs High Courts

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Allahabad High Court: While deciding a petition filed under Article 227 of the Constitution of India, Suresh Kumar Gupta, J., dismissed the

Case Briefs High Courts

Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed

Karnataka High Court: R. Devdas, J., while allowing the present Writ Petition, directed the Medical Council to issue the No Objection Certificate

Case Briefs Foreign Courts

SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Priyantha Jayawardena, Vijith K. Malalgoda and Murdu