Case Briefs Archives

Kar HC | Bail granted when no prima facie case of commission of offence with pre-meditation made out during investigation

Karnataka High Court: Sunil Dutt Yadav, J. granted regular bail on the ground that the case of the commission of offence with

Case Briefs High Courts

Tri HC | “Executive Magistrates and doctors not well trained in technical aspects of recording dying declaration”: rational approach for administering justice to be recorded

Tripura High Court: A Division Bench of S. Talapatra and Arindam Lodh, JJ. dismissed an appeal filed against the decision of the Sessions

Case Briefs High Courts

All HC | Sex against order of nature, against the wishes of wife – a criminal offence and marital wrong amounting to cruelty, which is a ground for dissolution of marriage

Allahabad High Court: A Division Bench of Shashi Kant Gupta and Pradeep Kumar Srivastava, JJ. affirmed the Judgment of lower court granting

Case Briefs High Courts

P&H HC | Party if denies agreement to sell cannot raise plea of ‘readiness and willingness’ particularly when extensions and earnest money duly proved against it

Punjab and Haryana High Court: Amit Rawal, J. dismissed an appeal against the decree of the suit for specific performance of the

Case Briefs High Courts

MP HC | Allegations regarding theft of EVMs must be based upon essential material to impel Court to initiate adjudication

Madhya Pradesh High Court: A Division Bench of Sheel Nagu and G.S. Ahluwalia, JJ. entertained a writ by the way of PIL

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Mercedes expected to run smoothly”; Rs 2 lakhs compensation to owner on report of expert committee held not excessive

National Consumer Disputes Redressal Commission (NCDRC): V.K. Jain (Presiding Member), J. addressed a complaint concerning the manufacturing defect in a “Mercedes CDI-220”

Case Briefs High Courts

Pat HC | Claim for initiation of fresh acquisition proceedings not maintainable where grievance raised after 30 years of land acquisition

Patna High Court: Chakradhari Sharan, J. dismissed an application seeking initiation of fresh acquisition proceeding under Section 11 of the Right to

Case Briefs High Courts

Guj HC | Order granting parole to a convict with police escort, to attend his son’s marriage, held unreasonable

Gujarat High Court: Umesh A. Trivedi, J. allowed parole leave application which sought to grant of parole without a police escort. The

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Claim to be a ‘financial creditor’ valid when amount disbursed has been made for consideration of time value of money in favour of borrower

National Company Law Appellate Tribunal (NCLAT): A Coram of Sudhansu Jyoti Mukhopadhaya, J. (Chairperson), A.I.S. Cheema, J. (Judicial Member) and Kanthi Narhari

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Claim for pension is based on continuing wrong, and relief can be granted if such continuing wrong creates a continuing source of injury

Armed Forces Tribunal: A Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) allowed an ex-hawaldar’s application

Case Briefs High Courts

Tri HC | Doctrine of Proportionate Punishment | Sentence under POCSO reduced in absence of specific evidence that accused touched private parts of prosecutrix

Tripura High Court: Arindam Lodh, J. reduced the sentence of 5 years rigorous imprisonment awarded to the appellant by the trial Judge to

Case Briefs High Courts

Ker HC | Sex on promise of marriage: Not an offence if alleged accused marries purported victim shortly thereafter – no misconception of fact in girl’s consent

Kerala High Court: R. Narayana Pisharadi, J. allowed the petition filed by the husband and directed the Court of Judicial Magistrate First

Case Briefs High Courts

Utt HC | High Court not to ordinarily permit a belated resort to extraordinary remedy under writ jurisdiction as it might cause public inconvenience and new injustices

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ and N.S. Dhanik, J. entertained a writ petition which sought mandamus against

Case Briefs High Courts

Bom HC | S. 16 of Commercial Courts Act to be interpreted literally; amendments brought in CPC applicable only to Commercial Disputes of a ‘Specified Value’

Bombay High Court: S.J. Kathawalla, J., addressed the review petition against its own Judgment passed in the case of Axis Bank Ltd.

Case Briefs High Courts

Ker HC | Proceedings in a rape case can be quashed when accused settles dispute with victim and marries her, so as to ensure better future for the victim

Kerala High Court: Alexander Thomas, J. allowed a writ petition for quashing the criminal proceedings against rape accused who later on married

Case Briefs Foreign Courts

Pak SC | Anticipatory bail: An extraordinary remedy in criminal law – Person seeking pre-arrest bail must demonstrate malafide intention in arrest

Pakistan Supreme Court: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. set aside

Case Briefs High Courts

P&H HC | “Live and let live”, concludes the Court; Animals acknowledged as legal entity; New beginning for welfare laws against animals

Punjab and Haryana High Court: Rajiv Sharma, J. allowed a revision petition against the order of the Additional Session Judge whereby the

Case Briefs High Courts

Raj HC | NLU Jodhpur Regulations allowing contractual employment of teachers, struck down for being arbitrary and violative of Articles 14, 16 and 21

Rajasthan High Court: A Division Bench of P.K. Lohra and Arun Bhansali, JJ. struck down the impugned University Service Regulations, 2001 by

Case Briefs High Courts

Del HC | Computer-generated ledger statement inadmissible in evidence for proving liability under S.138 NI Act, if not accompanied by certificate under S.65-B of Evidence Act

Delhi High Court: Mukta Gupta, J. dismissed a petition filed against the order of the Metropolitan Magistrate, holding that the petitioner was unable