Case Briefs Archives

Supreme Court Monthly Roundup – May 2019

TOP STORIES Sexual Harassment allegations against CJI: SC In-House committee gives clean chit to CJI The In-House committee, headed by Justice SA

Case Briefs High Courts

P&H HC | Court fee should be refunded although the dispute settled without recourse to S. 89 CPC

Punjab and Haryana High Court: Lisa Gill, J. allowed the application for the refund of the fees on the ground that the

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Court demands ‘reasoned speaking order’ explaining as to why the beneficial provisions were not extended when it should have been

Armed Forces Tribunal, New Delhi: The Bench of Virender Singh, J. (Chairperson) and Let. Gen. N.B. Singh, Member (A), disposed of a

Case Briefs High Courts

Ker HC | Adverse economic situation is a ground under unforeseen circumstances; petition allowed for making monthly payments instead of lump sum amount

Kerala High Court: Shaji P. Chaly, J. allowed the writ petition for the payment of the balance outstanding amount on the ground

Case Briefs High Courts

Raj HC | License cannot be issued for driving any kind of vehicle to illiterate person as he is virtually a menace for pedestrians

Rajasthan High Court: Sanjeev Prakash Sharma, J. while deciding a petition stated that “Motor Vehicle Rules are required to be framed not

Case Briefs Tribunals/Commissions/Regulatory Bodies

RERA | RERA Act, being a special law for protection of interest of consumers in real estate sector, prevails over Companies Act

Rajasthan Real Estate Regulatory Authority: A Coram of Nihal Chand Goel (Chairman) and Rakesh Jain (Member), rejected an application for staying the proceedings

Case Briefs High Courts

HP HC | Courts must follow a humane and justice oriented approach when there is no inordinate delay, and opposite party can be monetarily compensated

Himachal Pradesh High Court: Ajay Mohan Goel, J. allowed a petition for setting aside the order of dismissal of a civil suit,

Case Briefs High Courts

Chh HC | Advocate acting professionally as per instructions of client can’t be prosecuted for offence of defamation under S. 500 IPC

Chhattisgarh High Court: Sanjay K. Agrawal, J. held that the continuation of criminal proceedings for the offence of defamation against an advocate who

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Notification issued in pursuance of a service rule which has already been quashed by Court, is illegal and liable to be set aside

Central Administrative Tribunal (CAT), Chandigarh: Sanjeev Kaushik, (Member) J. quashed the order issued by the Chandigarh administration which provided that new recruits

Case Briefs High Courts

Ker HC | No Court to render provisions of a Statute redundant or nugatory in absence of challenge to the same

Kerala High Court: Devan Ramachandran, J. contemplated a writ, where the question discussed was ‘can the office bearer of the Managing Committee

Case Briefs High Courts

J&K HC | Unending period for launching remedy may lead to an unending uncertainty and consequential anarchy; application for condonation of delay rejected

Jammu & Kashmir High Court: Sanjay Kumar Gupta, J. rejected an application for seeking condonation of delay in the filing review petition.

Case Briefs High Courts

Utt HC | Bar on Class-IV employee for engaging an Advocate as defence representative in a disciplinary proceeding

Uttaranchal High Court: Manoj K. Tiwari, J. contemplated a writ petition filed against the impugned order, where the request of the petitioner

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | ‘Polluter Pays’ principle does not mean that polluter can pollute and then pay for it – Must include environmental cost and direct cost to people

National Green Tribunal: A Coram of Justice A.K. Goel (Chairperson), Justice S.P. Wangdi (Judicial Member), Justice K. Ramakrishnan (Judicial Member) and Dr

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Naib Subedar entitled to service pension along with retirement benefits for holding an honorary rank

Armed Forces Tribunal (AFT): The Coram of Justice V.K. Shali (J) and Air Marshal B.B.P. Sinha (A), partly allowed an Original Application

Case Briefs High Courts

Ker HC | No pre-arrest bail for offence against the minor girl; even if custodial interrogation of applicant unwarranted

Kerala High Court: Raja Vijajayaraghavan, J. rejected an application for pre-arrest bail on the ground that victim was a minor girl. An

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Objective of SEBI Act is to regulate healthy growth of securities market: No action to be taken without following principles of natural justice

Securities Appellate Tribunal (SAT): The Coram of Tarun Agarwala, J. (Presiding Officer), Dr C.K.G Nair (Member) and M.T. Joshi, J. (Judicial Member)

Case Briefs High Courts

Megh HC | Justice S.R. Sen’s “Hindu Rashtra” judgment set aside for being offensive to secular fabric of country, legally flawed

Meghalaya High Court: A Division Bench of Mohammad Yaqoob Mir, CJ and H.S. Thangkhiew, J. set aside the controversial judgment passed last

Case Briefs High Courts

Del HC | Charges under Ss. 306 and 498-A IPC are independent of each-other; discharge under one does not ipso facto amount to acquittal for another

Delhi High Court: Sanjeev Sachdeva, J. dismissed a criminal revision petition filed against the order of the trial court whereby charge under Section

Case Briefs High Courts

Bom HC | It is onerous duty on litigant to prosecute complaint diligently; costs imposed on complainant for failure to serve non-applicants

Bombay High Court: V.M. Deshpande, J. dismissed an appeal filed against the order of the trial judge whereby he rejected the appellant’s application

Case Briefs High Courts

Utt HC | Physically assaulting husband’s mother also amounts to ‘mental cruelty’ and is a legitimate ground for divorce

Uttaranchal High Court: A Division Bench of Sudhanshu Dhulia and R.C. Khube, JJ. entertained an appeal filed against the impugned judgment and