Case Briefs Archives

MP HC | 22 weeks pregnant, 14-year old rape victim allowed termination of pregnancy

“Court can only iron out the creases but while doing so, it must not alter the fabric, of which an Act is

Raj HC | Court refuses temporary suspension of sentences; grants time for appellant to perform mother’s last rites

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. refused an application for temporary suspension of sentences but

Case Briefs High Courts

HP HC | Requirement by landlord’s family member is considered a requirement by landlord for ‘his own use’; eviction upheld

Himachal Pradesh High Court: The instant petition involved a question that whether the eviction of tenant could be ordered for settling married

Case Briefs High Courts

P&H HC | No substantive issue raised when parties at consensus to resolve the matter with the competent authority

Punjab and Haryana High Court: A Division Bench of Krishna Murari, C.J and Arun Palli, J. disposed of the writ petition after

Case Briefs High Courts

MP HC | Prolonged pre-trial detention is an anathema to the concept of liberty; bail application approved

Madhya Pradesh High Court: S.A. Dharmadhikari, J. allowed the bail application on the ground that trial was not going to be over

Case Briefs High Courts

Bom HC | Magistrate is empowered to make order under S. 143-A of NI Act even when plea of not guilty recorded by Advocate and not by accused himself

Bombay High Court: S.S. Shinde, J. dismissed a writ petition filed against the order of the Magistrate who had directed the petitioner to

Case Briefs High Courts

Sikk HC | Lack of injury on genitals of victim not conclusive proof of non-commission of rape – ocular testimony of victim has greater evidentiary value vis-a-vis medical evidence

Sikkim High Court: Bhaskar Raj Pradhan, J. hearing a criminal appeal filed by a person convicted of rape and sexual assault under

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | India-Germany Tax Treaty | Subscription fee earned by Elsevier for online database held not royalty or fee for technical services, and thus not taxable in India

Income Tax Appellate Tribunal (ITAT): A two-member Bench of Saktijit Dey, Judicial Member and Manoj Kumar Aggarwal, Accountant Member, allowed the appeal

Case Briefs High Courts

HP HC | Court can’t be unmindful of development of law during pendency of litigation; Property to be governed according to amended S. 6 of Hindu Succession Act

Himachal Pradesh High Court: The instant writ is before the bench of Tarlok Singh Chauhan, J. filed by the appellant who was

Case Briefs High Courts

Utt HC | Ombudsman directed to follow principles of natural justice when deciding fee enhancement issue of private Institute

Uttaranchal High Court: Sudhanshu Dhulia, J. entertained a writ petition related to the enhancement of fee, where the petitioner who was a

Case Briefs High Courts

J&K HC | Issuance of directions not prayed for, without hearing effective parties is unjust and inequitable

Jammu and Kashmir High Court: A Division Bench of Dhiraj Singh Thakur and Sindhu Sharma, JJ. allowed appeals accruing from a common

Case Briefs High Courts

Cal HC | Statutory presumption under S. 29 POCSO Act cannot be applied where prosecution fails to establish primary facts constituting the offence

Calcutta High Court: A Division Bench of Abhijit Gangopadhyay and Joymalya Bagchi, JJ. allowed an appeal and set aside the conviction and

Case Briefs High Courts

P&H HC | Financial constraints of employer cannot be a ground for withholding pensionary benefits from employee

Punjab and Haryana High Court: Harsimran Singh Sethi, J. heard a civil writ petition stating that financial difficulty cannot be a ground to

Case Briefs High Courts

Pat HC | Application for voluntary retirement does not need a specific order of acceptance by authority concerned, to give legal effect to retirement of employee

Patna High Court: A Division Bench of Amreshwar Pratap Sahi and Anjana Mishra, JJ. dismissed an appeal for voluntary retirement filed against

Case Briefs High Courts

Raj HC | Court grants parole without surety to convict-petitioner due to poor family financial conditions

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. accepted a writ petition for parole and directed the

Case Briefs High Courts

All HC | Bail granted during pendency of appeal after examining the role attributed to appellants

Allahabad High Court: Manoj Misra and Ali Zamin, JJ. granted bail on the ground that the appellant were on bail pending trial

Case Briefs High Courts

Sikkim HC | Court refuses to condone delay where application drafted in haphazard manner and with nary a care to detail or explanation

Sikkim High Court: A Division Bench of Vijai Kumar Bist, CJ and Meenakshi Madan Rai, J. dismissed a writ petition filed against the

Case Briefs Supreme Court

Liberty of a detenu under COFEPOSA has to be subordinate to the good of the people: SC

Supreme Court: Stating that the subjective satisfaction of the detaining authority under COFEPOSA is not immune from judicial reviewability, the bench of

Case Briefs High Courts

Ori HC | Admission of only some facts would not qualify defendants the right to begin first under Or. 18 R. 1 CPC

Orissa High Court: Dr A.K. Rath, J. allowed the present petition and quashed an order passed by the Additional Civil Judge (Senior

Case Briefs High Courts

Kar HC | Principles of natural justice upheld; Visvesvaraya University to conduct the inspection again for deciding on affiliation

Karnataka High Court: S. Sujatha, J. while preserving the right of the petitioner disposed of this petition. In the instant case, the