Case Briefs Archives

MP HC | Courts to interfere only when decision taken by authority/State is irrational or arbitrary in Notice Inviting Tender

Madhya Pradesh High Court: The Bench of S.K Seth, C.J. and Vijay Kumar Shukla, J. dismissed a writ petition challenging the conditions

Case Briefs High Courts

Pat HC | Employer’s petition challenging Labour Court’s compensation awarded to employee not maintainable, where alternative statutory remedy not exhausted

Patna High Court: The Bench of Shivaji Pandey, J. dismissed a writ petition filed by an employer, challenging the amount of compensation

Case Briefs Supreme Court

SC explains law on payment of interest on ‘Differential excise duty’ under Section 11AB of Central Excise Act, 1944

Supreme Court: Deciding the question whether interest is payable on the differential excise duty with retrospective effect that become payable on the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC | Application for determination of tariff can be filed by a generating company, 60 days before anticipated date of commercial operation

Central Electricity Regulatory Commission (CERC): The Coram of P.K Pujari (Chairperson), and Dr M.K. Iyer and I.S. Jha (Members) disposed of a

Case Briefs High Courts

Gau HC | Husband bound to maintain wife and child under S. 125 CrPC in absence of specific evidence as to the income of wife

Gauhati High Court: Hitesh Kumar Sarma, J. dismissed a revision petition filed against the order of the family court whereby the petitioner was

Case Briefs High Courts

Tri HC | Purpose of demand notice under S. 138 NI Act – not to demand payment, but to inform the party of broken contract and liability to pay

Tripura High Court: The Bench of Arindam Lodh, J. allowed a revision petition under Section 397 read with Section 401 of Code

Case Briefs High Courts

J&K HC | Failure to communicate ground of detention to detenu is denial of Constitutional right under Art. 22(5); detenu to be released

Jammu & Kashmir High Court: This Habeas Corpus petition was filed before the Bench of Ali Mohammad Magrey, J., for quashing of

Case Briefs High Courts

MP HC | Indian Army not a politicized force – ECI restriction on use of defence personnel for political campaigns does not violate freedom of speech and expression

“Armed forces are apolitical and neutral stakeholder in the modern democracy. Defence Forces belong to everyone and are not an appendage of

Case Briefs High Courts

Utt HC | Questions regarding laying of a road or alignment thereof, are matters in the Executive realm and not for Court to decide

Uttaranchal High Court: The Bench of Ramesh Ranganathan, C.J. and N.S. Dhanik, J. dismissed a writ petition seeking changes in road alignment

Case Briefs High Courts

Guj HC | Deputy Manager (Law) of a bank, not being an employee working in the “department allied to Court”, ineligible to be a Judge

Gujarat High Court: The Bench of N.V. Anjaria, J. dismissed a petition challenging the eligibility criteria in Advertisement No. RC-0719/2019 published by

Case Briefs High Courts

All HC | Eye-witness statement cannot be discarded on ground of close relationship with deceased if the evidence inspires confidence

Allahabad High Court: This Jail Appeal was filed before the Division Bench of Sudhir Agarwal and Vivek Varma, JJ., under Section 383

Case Briefs High Courts

Pat HC | Withdrawal simpliciter of application under S. 482 CrPC not allowed, when applicant indulges in malafide conduct

Patna High Court: The Bench of Ahsanuddin Amanullah, J. was hearing an application under Section 482 of the Code of Criminal Procedure,

Case Briefs High Courts

Ker HC | NDPS Act: Bail application of accused may be allowed if he did not possess ‘commercial quantity’ of psychotropic substance

Kerala High Court: The Bench of N. Anil Kumar, J. allowed the bail application of a person accused of illegal possession of

Case Briefs High Courts

Tri HC | Strict proof required to prove plea of alibi; law regarding burden of proof explained

Tripura High Court: A Bench of S. Talapatra and Arindam Lodh, JJ. allowed an appeal filed against the Judgment of the trial court

Case Briefs High Courts

Madras HC | Writ petition filed against rejection of nomination for contesting election dismissed in light of ‘blanket bar’ of Art. 329

Madras High Court: A Bench of G.R. Swaminathan and T. Krishnavalli, JJ. refused to entertain a writ petition that challenged the decision of

Case Briefs Tribunals/Commissions/Regulatory Bodies

FEMA | Onus to prove non-filing of SDF lies on Enforcement Directorate, if letter of credit opened by overseas buyer is negotiated by Authorised Dealer against a shipping bill

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: Manmohan Singh, J. set aside Enforcement Directorate’s order imposing a penalty on

Case Briefs High Courts

Raj HC | Candidates in the lower order of merit cannot become entitled to benefits merely because they had approached court earlier

Rajasthan High Court: The Bench of Arun Bhansali, J., allowed a petition filed with the prayer to extend to the petitioners same

Case Briefs High Courts

Jhar HC | “Ends of Justice” held to be met by the period of imprisonment already undergone by the convict, even where the conviction upheld

Jharkhand High Court: The Bench of Deepak Roshan, J. allowed a petition insofar as it modifies the sentenced to undergo the imprisonment for

Case Briefs High Courts

Bom HC | No right to claim interim relief to continue business on basis of expired license

Bombay High Court: M.S. Sonak, J. while disposing of a petition filed by eatery owners whose licences have been cancelled, directed the

Case Briefs High Courts

MP HC | Right to become Mujahir and Mutawali on the basis of Will and Succession; Order of Wakf Tribunal to first decide owner of Dargah property upheld

Madhya Pradesh High Court: The Bench of Vivek Rusia, J. upheld the order of dismissal for want of locus standi passed by