Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Services as that of CHA, CNF, testing and sampling, etc. are eligible to be classified as the input services; Tribunal entitles appellant to avail CENVAT Credit for tax paid on such input services

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal that was filed against the Order-in-Appeal of

Case Briefs High Courts

MP HC | Scope and extent of bail conditions under S. 437(3) CrPC are wide enough to include reformative measures like community service, but ought not be onerous and excessive in nature; HC decides scope and application of Bail under POCSO and SC/ST Act

Madhya Pradesh High Court: Anand Pathak, J., while deciding an application against cancellation of bail said: in cases where “any bail application

Case Briefs High Courts

Nature of NITI Aayog’s directions & Scope of engagement of Civil Society Organizations in times of crisis: Patna HC discusses

Patna High Court: A Division bench of Sanjay Karol, CJ and S. Kumar, J., addressed two crucial issues revolving around the COVID-19 Pandemic.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

Securities and Exchange Board of India (SEBI): Anant Barua (Whole-time member) passed the order in exercise of his powers under Sections 11

Case Briefs High Courts

[Defamation] Madras HC | “Presence or absence of evidence not a matter to be decided in Or. 7 R. 11 CPC application”: Challenge to Isha Foundation’s defamation suit against media entity rejected

Madras High Court: R. Subramanian, J., refused to allow the application filed by Sathiyam Media praying for rejection of plaint filed by

Case Briefs Supreme Court

SC| Evidence has to be weighed and not counted

“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”

Case Briefs High Courts

Jhar HC | [Interpretation of Statutes] Principle of compassionate appointment should not be strictly applicable as it is a part of beneficial legislation

Jharkhand High Court: Deepak Roshan J., allowed the petition on merits. The facts of the case are such that the husband of

Case Briefs High Courts

Del HC | Why was Broadcast Audience Research Council of India’s new algorithm to mitigate impact of ‘Landing Page’ on viewership data across television channels challenged? HC’s analysis

Delhi High Court: Navin Chawla, J., refused to pass an interim injunction in regard to the communication dated 03-09-2020 along with Press

Case Briefs Supreme Court

Payal Tadvi suicide| SC says accused doctors, as “presumably innocent persons”, entitled to study; allows all 3 to resume studies in the same college

Even a convict is allowed to have academic pursuits while undergoing sentence and develop his potential as a human being to the fullest.

Case Briefs High Courts

Jhar HC | Will non-service of one month’s notice period vitiate termination of contractual services? HC decides

Jharkhand High Court: Sanjay Kumar Dwivedi, J., dismissed the petition being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Ker HC | Post of Lokayukta is an independent statutory post and by no stretch of imagination, can it come under the purview of ’employment under the Government’

Kerala High Court: A Division Bench of S. Manikumar, CJ and Shaji P. Chaly, J. while dismissing a petition seeking a writ

Case Briefs High Courts

Guj HC | Employed woman permitted to appear for All India Bar Examination; Directions issued to the Bar Council of Gujarat

Gujarat High Court: A Division Bench of Vikram Nath, CJ and J.B. Padiwala, J., allowed a petition which was filed praying to

Case Briefs High Courts

Why did Madras HC Judge refuse to recuse from an Illegal Mining Case? Read an all-inclusive report

Madras High Court: B. Pugalendhi, J., while refusing to recuse from the present case reminded himself of the harsh criticism of Justice V.R.

Case Briefs Supreme Court

SC holds NRI quota for admission to professional courses “neither sacrosanct, not inviolable”; private colleges have some elbow room

Private colleges offering professional and technical courses, have some elbow room to decide whether, and to what extent, they wish to offer NRI or management quotas

Case Briefs High Courts

HP HC | Non-joinder of proper parties cannot be said to be a formal defect to seek liberty under Or. XXIII, R. 1(3) read with S. 151 CPC rather can be cured by filing impleadment/amendment of plaint

Himachal Pradesh High Court: Sandeep Sharma J., upheld the impugned judgment and dismissed the petition. The facts, in a nutshell, are that

Case Briefs High Courts

Jhar HC | Pensionary Benefits granted only when served against a permanent or substantive post and salary being paid out of public exchequer irrespective of duration served; R. 58 of Jharkhand Pensions Rules applied

Jharkhand High Court: Deepak Roshan J., upheld the impugned judgment and dismissed the petition stating that the petitioner failed to show any

Case Briefs High Courts

Kar HC | Discussing the legal proposition in the offence committed under S.153A IPC, Court rejects the application for quashing of FIR exercising Inherent powers

Karnataka High Court: B.A. Patil, J., dismissing the present petition, observed, “Taking into consideration the peculiar facts and circumstances under which the

Case Briefs High Courts

Madras HC | “Officials getting salaries in first week every month not conscious to cost of adjudicatory delays”: HC while directing provisional release of confiscated goods

Madras High Court: G.R. Swaminathan, J., directed the confiscated goods to be released on a provisional basis noting the delay on the part

Case Briefs Supreme Court

Law Student Sexual Assault case| SC sets aside All HC order; says copy of the statement of victim could not have been provided to Swamy Chinmayanand

“In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | What is the scope of courier service provider’s liability for a lost cheque? Commission considers

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member), addressed a complaint wherein a person who had sent a cheque through