Case Briefs Archives

Raj HC | ‘No more than two children’ compulsory criteria for dependents to seek appointment to Government services on compassionate grounds

Rajasthan High Court: A Division Bench of Sangeet Lodha and Rameshwar Vyas, JJ. dismissed the Special Appeal by upholding the decision of

Case Briefs High Courts

Cal HC | Plea of absolute privilege protects a statement in civil defamation, however false and defamatory it may be, even though made with malicious motive

Calcutta High Court: Debangsu Basak, J., while addressing a matter with regard to defamation, observed that “in a civil action for defamation, the

Case Briefs High Courts

Chh HC | Can an ‘Approver’ who has been granted pardon under S. 306(1) CrPC be released on bail in exercise of inherent jurisdiction under S. 482 CrPC in view of bar under S. 306(4)(b) of the Code? HC answers

Chhattisgarh High Court: Sanjay K Agrawal, J. granted bail observing various provisions relating to the inherent powers of High Court regarding granting

Case Briefs High Courts

All HC | Whether principle of res judicata in a subsequent claim would apply on an issue of fact which in the former proceedings was decided by a forum of competent jurisdiction between same parties; MACT award modified

Allahabad High Court: Attau Rahman Masoodi, J., allowed the appeal and modified the impugned order by applying the principle of res judicata.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Medical Negligence] NCDRC | Rigid protocols prevailed over medical ethics; Hospital has right to insist payment but the prime duty is the care of emergency patient

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the issue

Case Briefs Foreign Courts

SL SC | Negligence at the time of producing documents at the time of interview for admission; Court dismisses application in relation to violation of Fundamental Rights

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Jayantha Jayasuriya, PC, CJ., L.T.B.Dehideniya and P. Padman

Case Briefs High Courts

Bom HC | No prima facie case of forcible sexual act; Man accused for rape set free on bail

Bombay High Court: Bharati Dangre, J., granted bail to an accused of rape in light of no prima facie case of non-consensual sexual

Case Briefs High Courts

Ori HC refrains from deciding on petitions challenging closure of religious places, leaves the matter to State Government

Orissa High Court: A Division Bench of Mohammad Rafiq, CJ and Dr B. R. Sarangi, J. disposed of two petitions which challenged

Case Briefs Foreign Courts

Court of Appeal, Ireland upholds rejection of family reunification appeal by an Afghan refugee’s third wife, holds polygamous marriages contrary to Irish law

Court of Appeal, Ireland: Donnelly, Ní Raifeartaigh and Binchy JJ rejected an application for family reunification sought by an Afghan couple who

Case Briefs High Courts

Chh HC | In a matrimonial dispute, cause of action can arise several times, even if the dispute is settled and case has been withdrawn

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., while addressing a petition made an observation with regard to matrimonial disputes that, “…in a

Case Briefs High Courts

Raj HC | Allegation of woman set ablaze in view of dowry demand dismissed; Prosecution theory of homicidal death sheer exaggeration

Rajasthan High Court: A Division Bench of Sandeep Mehta and Kumari Prabha Sharma, JJ., dismissed the allegations of dowry demand, cruelty against the

Case Briefs High Courts

Jhar HC | FIR is not an encyclopedia of entire prosecution case; Physical touch of victim is not an essential ingredient to make an offence under Ss. 354, 506 and 509 IPC if basic ingredients are satisfied

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Case Briefs District Court

Delhi Court | “Mere temporary non-use of premises cannot be covered under Force Majeure clause”; Miniso to pay rent arrears for lockdown and post lockdown period

District Court, Saket, Delhi: Raj Kumar Chauhan, J., directed “Miniso” to pay the rent arrears for the lockdown and post lockdown period stating

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rejects Corporate Creditor’s demand of payment of outstanding operational debt worth Rs 58 crores, after finding ‘plausible contention’ in debtor’s arguments

National Company Law Appellate Tribunal, New Delhi: The 3-Member Bench of Justice Bansi Lal Bhat (Acting Chairperson), V.P. Singh, Member (Technical) and

Tribunals/Commissions/Regulatory Bodies

Children with special needs buried neck-deep in compost pits to find cure of their deformities: NHRC issues notice to Karnataka Govt.

NHRC notice to Karnataka Government over practice of neck deep burying of children in compost pits to find cure for their deformities

Case Briefs High Courts

HP HC | Fixation of retirement age through government notification is an administrative action within the exclusive jurisdiction of State; not open to challenge in a court of law

Arunima Bose, Editorial Assistant has put this story together

Case Briefs High Courts

All HC | Can daughter-in-law be evicted without seeking decree of eviction against the son under S. 2(s) of Domestic Violence Act? HC Answers

Allahabad High Court: Vivek Kumar Birla, J., while addressing a matter with regard to “shared household”, held that, “daughter-in-law can be evicted without

Case Briefs High Courts

Ori HC | Provisions under Criminal Procedure Code shall have an overriding effect and shall prevail notwithstanding any provision in Pension Rules framed by State Government

Arunima Bose, Editorial Assistant has put this story together

Case Briefs Supreme Court

Daughters have coparcenary rights by birth even if father died before the Hindu Succession (Amendment) Act, 2005 came into force [DETAILED REPORT]

Supreme Court: The 3-judge bench of Arun Mishra, SA Nazeer and MR Shah, JJ has held that daughters have right in coparcenary

Case Briefs High Courts

Ker HC | When can an encumbrance be lifted from an immovable property under S. 57 of the Transfer of Property Act? [Exhaustive Brief]

A very efficacious, substantive and procedural mechanism to facilitate the realisation of deserving and intrinsic value of encumbered estates and other immovable