Case Briefs Archives

All HC | Continuation of criminal proceedings not useful where chances of conviction are bleak and settlement arrived at between the parties

Allahabad High Court: Sanjay Kumar Singh, J. allowed the instant application in terms of compromise and quashed the chargesheet as well as

Case Briefs High Courts

Jhar HC | Dispute among office bearers of Mahila Mandal not illegality for cancelling its license

Jharkhand High Court: Sujit Narayan Prasad, J. dismissed the petition by asking the appropriate authority to look into the dispute among the

Case Briefs High Courts

Raj HC | Gravity of offence cannot be a reasonable ground for denying bail to Juvenile delinquents, except under extraordinary situations

Rajasthan High Court: Manoj Kumar Garg, J. allowed bail to a juvenile who was accused of criminal offences on finding his situation

Case Briefs High Courts

Utt HC | Amicable settlement in case of a non-compoundable offence can be allowed in order to secure the ends of justice

Uttaranchal High Court: Manoj K. Tiwari, J. allowed a writ petition to quash criminal proceedings after parties compromise over a non-compoundable offence.

Case Briefs High Courts

Sikk HC | Maintenance under S. 125 of CrPC cannot be denied if the wife “commits adultery” but can only be denied if she is “living in adultery”

Sikkim High Court: Arup Kumar Goswami, CJ., dismissed the petition against the refusal to pay maintenance to the wife because she allegedly

Case Briefs Foreign Courts

SA HC | Arrest without warrant on reasonable suspicion supplants the claim for compensation for unlawful arrest and malicious prosecution

South Africa High Court, Eastern Cape Local Division: M.S. Jolwana, J. held that even if the plaintiff is arrested and spends some

Case Briefs High Courts

Madras HC | Order of compulsory retirement is neither a punishment nor a stigma and principles of natural justice have no role play in ordering compulsory retirement

Madras High Court: The Division Bench of R. Subbhiah and T. Krishnavalli, JJ., dismissed a writ petition filed for issuance of a

Case Briefs High Courts

All HC | Company has a separate legal identity from its owners; no coercive steps to be taken for recovery of dues of Ghaziabad Development Authority

Allahabad High Court: The Division Bench of Pankaj Mithal and Vivek Agarwal, JJ. concurred that any amount already recovered by the respondents

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | In case of unreasonable delay in offering possession of allotted flat, consumer entitled to seek refund of amount paid with compensation

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member), while disposing of a complaint, directed the builder to refund the

Case Briefs Supreme Court

NCLAT’s order set aside in Essar Steel Insolvency case; Key issues on Corporate Insolvency Resolution Process answered

Supreme Court: The 3-judge bench of RF Nariman, Surya Kant and V. Ramasubramanian, JJ has set aside the NCLAT order dated 04.07.2019

Case Briefs High Courts

Bom HC | Law on double presumption of innocence in favour of accused acquitted by trial court — Reiterated

Bombay High Court: K.R. Shriram, J., while dismissing the criminal appeal filed by the State against the order of the trial court acquitting

Case Briefs High Courts

Ker HC | Determining eligibility of students to participate in school event, not a matter where Courts would exercise extraordinary jurisdiction

Kerala High Court: Anu Sivaraman, J. dismissed a writ petition filed by the petitioner to direct the respondents to allow her to

Case Briefs Supreme Court

SC refuses to strike down provision relating to an NRI’s right to claim eviction under the East Punjab Urban Rent Restriction Act, 1949

Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and L. Nageswara Rao and Sanjiv Khanna, JJ has refused to hold Section

Case Briefs High Courts

Raj HC | Period of limitation for preferring an appeal against a decision of Family Court is 90 days; S. 28 of HMA, 1955, to override the Family Courts Act

Rajasthan High Court: A Division Bench of Mohammad Rafiq and Narendra Singh Dhaddha, JJ. while harmonizing the provisions contained under Section 19

Case Briefs High Courts

P&H HC | Court casts obligation on Home Secretary and directs State to improve living conditions of the inmates of jails in Punjab

Punjab and Haryana High Court: A Division Bench of Rajiv Sharma and Harinder Singh, JJ. allowed the petition seeking a survey to

Case Briefs High Courts

Kar HC | Mere allegations in the death note does not amount to substantial evidence for conviction

Karnataka High Court: K.N. Phaneendra, J. allowed the criminal petition filed under Section 438 of The Code for Criminal Procedure, 1973, seeking

Case Briefs High Courts

Jhar HC | ‘Jamabandi’, held, rightly cancelled under S. 14 of Bihar Tenant’s Holding Act as petitioner did not have possession over the land

Jharkhand High Court: Sujit Narayan Prasad, J. dismissed a writ petition filed by the applicant to challenge the decision of the Deputy

Case Briefs High Courts

Del HC | Passport authority cannot rely on S. 6 of Passport Act for refusing to renew passport

Delhi High Court: Suresh Kumar Kait, J., while disposing of an application, held that Section 6 of the Passport Act, 1967 has no

Case Briefs High Courts

Sikk HC | Prosecution’s failure to extract actual act in victim’s deposition results in alteration of conviction for rape to that under S. 354 IPC

Sikkim High Court: A Division Bench comprising of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., while allowing an appeal, found error

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | An arbitrary show cause notice which is held to be correct in principle cannot become a ground to re-open a case under guise of rectification of mistake

Custom, Excise and Service Tax Appellant Tribunal (CESTAT): A Division Bench of Rachna Gupta (Judicial Member) and C.L. Mahar (Technical Member) dismissed