Case Briefs Archives

Bom HC | Situations where principles of natural justice require an opportunity of hearing, would it mean a mandatory personal hearing? HC explains it’s position in light of SEBI Regulations

Bombay High Court: A Division bench of Nitin Jamdar and Milind Jadhav, JJ., observed that there is no duty on the SEBI Board

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can a consumer claim refund of principal amount if flat not delivered on time? Commission untangles two fundamentals for Buyer — Consumer

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Justice R.K. Agarwal (President) and Dr S.M. Kantikar (Member) decided three complaints in

Case Briefs Foreign Courts

SCOTUS | Providing dissimilar treatment for men and women who are similarly situated cannot stand in the face of Fourteenth Amendment and the Equal Protection Clause: Court while construing provisions of Idaho Code

Supreme Court of the United States (SCOTUS): A Full Judge Bench of Warren E. Burger, C.J. and Lewis F. Powell, Jr., Harry

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Are the offices of President, Vice President, PM, Governors, LGs and CMs legally obliged under RTI Act to entertain RTI applications? Commission unfolds position

Central Information Commission (CIC): Y.K. Sinha (Information Commissioner), reiterated the Commission’s position that, offices of President, Vice President, Prime Minister, Governors, Lt. Governors

Case Briefs Supreme Court

Can the breach of audi alteram partem rule by itself lead to the conclusion that prejudice has been caused? SC elucidates

Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and KM Joseph has reiterated the principles of natural justice as follows:

Case Briefs High Courts

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the

Case Briefs High Courts

Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition

Uttaranchal High Court: A Division Judge Bench of K.M. Joseph and Sharad Kumar Sharma, JJ., had allowed a revision which was filed

Case Briefs High Courts

Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise

Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of

Case Briefs Supreme Court

Unless extended for “good reason”, stay by ‘any court’ automatically expires within a period of six months; SC reminds

Supreme Court: Clarifying the legal position on expiry of stay, the 3-judge bench of RF Nariman, Navin Sinha and KM Joseph, JJ

Case Briefs High Courts

Guj HC | Reasons given by lower authorities sound enough to set aside removal of Sarpanch under S. 57(1) of Gujarat Panchayat Act; Court dismisses petition

Gujarat High Court: A.G. Uraizee, J., dismissed a petition which was filed aggrieved by the dismissal of Revision Application by the Secretary,

Case Briefs High Courts

Kar HC | Immediate termination, without any disciplinary enquiry by the department concerned runs contrary to the statutory principles of Service Law; Writ Petition allowed

Karnataka High Court: P.B. Bajanthri, while allowing the present writ petition against the termination of services without any disciplinary enquiry, reiterated the

Case Briefs High Courts

Del HC | Husband citizen and domicile of USA, Can he raise objections on divorce proceedings filed by wife in India? Court decrypts the law in light of catena of SC’s decisions

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must

Case Briefs High Courts

Chh HC | Whether alienation of property by an alleged wife of a deceased is void? HC analyses position in light of ‘Customs’ under Hindu Marriage Act

Chhattisgarh High Court: Sanjay K. Agrawal, J., discusses the decision of trial Court and first Appellate Court with regard to alienation of the

Case Briefs High Courts

HP HC | Does S. 18/18 A of SC/ST Prevention of Atrocities Act, 1989 restricts an accused from surrendering before Court and praying for interim bail under S. 439 CrPC? HC gives a reasoned order

Himachal Pradesh High Court: Anoop Chitkara J., delivered a well-reasoned order and held that the practice of the accused surrendering and getting

Case Briefs High Courts

Guj HC | Respondent entitled to gratuity under S. 2(e) of Payment of Gratuity (Amendment) Act, 2009; Court dismisses appeal while reproducing observations of Single Judge

Gujarat High Court: The Division Bench of Vikram Nath, CJ and Ashutosh J. Shastri, J., dismissed a Letters Patent Appeal which was

Case Briefs High Courts

Ori HC | Are private banking companies discharging banking services amenable to writ jurisdiction? HC analyses

Orissa High Court: Biswajit Mohanty J., dismissed the petition being non-maintainable. The facts of the case are such that the petitioner took

Case Briefs High Courts

Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence

Delhi High Court: A Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., in regard to Triple Talaq observed that, Prima facie it

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can driving a motor cycle without taking orientation desired by owner and resulting in accident be equated with intentional self-injury? Read Commission’s opinion

National Consumer Disputes Redressal Commission (NCDRC): V. K. Jain (Presiding Member) while addressing the present matter observed that, A negligent act such as

Case Briefs Supreme Court

[Domestic Violence] SC| Wife can claim right to residence in shared household belonging to not just husband but also to his relatives. Read conditions

“The progress of any society depends on its ability to protect and promote the rights of its women.”

Case Briefs High Courts

P&H HC | A co-sharer in a property can seek a permanent injunction against other co-sharers if the value or utility of property is diminished; Court directs parties to maintain status quo

Punjab & Haryana High Court: While deciding an appeal filed by the petitioner against the order passed by the Additional District Judge,