Case Briefs Archives

Pakistan Supreme Court holds mining lease to be movable property; dismisses appeal for not raising territorial jurisdiction objections before trial court at the earliest

Supreme Court of Pakistan: A Division bench comprising of Mushir Alam and Sajjad Ali Shah, JJ. while hearing a civil petition for

Case Briefs Supreme Court

Only “green” fireworks permitted to be manufactured and sold: SC

Supreme Court: The 2- Judge Bench comprising of A.K. Sikri and Ashok Bhushan, JJ., gave directions to be followed for burning of

Case Briefs Foreign Courts

Stay on court proceedings in presence of an arbitration clause can be granted to either of the parties to arbitration only

Supreme Court of Singapore: A Single Judge Bench of Choo Han Teck, J., dismissed appeals filed against the order of the Assistant

Case Briefs High Courts

Intendment of Order XVIII Rule 3-A CPC explained – Litigant should not be permitted to bide time and fill in lacuna by appearing in witness box after examination of other witnesses: Bombay HC

Bombay High Court: A Single Judge Bench comprising of Rohit B. Deo, J. quashed the order of the trial court whereby plaintiff’s

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fortis Healthcare Limited alleged with diversion of funds in favour of its promoters; direction to recover the amount issued: SEBI

Securities Exchange Board of India (SEBI), Mumbai: A Whole Time Member G. Mahalingam passed directions exercising his powers under Section 19 read

Case Briefs High Courts

Claimant not to suffer for non-appearance of respondent; arbitrator’s award dismissing FCI’s claim set aside for “cryptic-reasoning”: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J., allowed a petition filed by the Food Corporation of

Case Briefs High Courts

Application for filing additional documents in criminal cases: A power not to be used by the courts to fill up the gap(s)

Jammu & Kashmir High Court: A Single Judge Bench of Sanjay Kumar Gupta, J., dismissed a criminal revision petition filed against the

Case Briefs High Courts

Court not to be bystander to disobedience of its orders; contemnor sentenced imprisonment and fine: Calcutta HC

Calcutta High Court: A Single Judge Bench comprising of Dr Sambuddha Chakrabarti, J. held an alleged contemnor guilty for not complying with its order.

Case Briefs High Courts

Amendments that are consequential and do not change the nature of suit, can be allowed at any stage of the suit before the delivery of judgment

Patna High Court: A Single judge bench comprising of Prabhat Kumar Jha, J. while hearing a civil miscellaneous petition held that when

Case Briefs Foreign Courts

Mens rea immaterial in determining liability for the offence of “scandalizing contempt” under the provisions of Administration of Justice (Protection) Act, 2016

Supreme Court of Singapore: A Single Judge Bench of Woo Bih Li, J., allowed the summons filed by the petitioner, whereby petitioner

Case Briefs High Courts

Section 106 Evidence Act not a substitute for the burden of proof which rests on prosecution; murder accused acquitted holding prosecution case based on presumption: Bombay HC

Bombay High Court: A Division Bench comprising of S.S. Shinde and A.S. Gadkari, JJ., allowed a criminal appeal filed against the judgment

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC imposes penalty on Bar Council of Delhi for “utter disregard for law”

Central Information Commission (CIC): The Bench comprising of Mr. Radha Krishna Mathur (Chief Information Commissioner), while hearing the second appeal with respect

Case Briefs Foreign Courts

High Court acted incorrectly by misconceiving the nature of case and cause of action: SC of Sri Lanka

Supreme Court of Sri Lanka: A 3-Judge Bench comprising of S. Eva Wanasundera, Vijith K. Malalgoda, PCJ. and H.N.J. Perera, J., upheld

Case Briefs High Courts

“Open, mutual and current account” exists only when there are shifting balances; cash payment simpliciter held not to extend limitation under Section 18, 19 limitation Act: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J., dismissed a regular first appeal filed under Section 96 of

Case Briefs High Courts

Successor-in-title held not to get supervening testamentary rights; person signing as witness not a signatory to document: Bombay HC

Bombay High Court: A Single Judge Bench comprising of G.S. Patel, J. held a testamentary petition seeking Letters of Administration as entirely

Case Briefs High Courts

Improvisation of story by witnesses raises serious doubt on prosecution case; conviction of rape modified; sentence reduced for young first time offender: Tripura HC

Tripura High Court: A Single Judge Bench comprising of Arindam Lodh, J. partly allowed a criminal appeal filed against the judgment of the

Case Briefs High Courts

Change of ‘venue’ different from change of ‘seat’ of Arbitration; exercise of jurisdiction under Section 34 A&C Act declined for ‘seat’ being at London: Del HC

Delhi High Court: A Single Judge Bench comprising of Navin Chawla, J., declined to exercise jurisdiction in entertaining a petition filed under Section

SCC Times

Case Briefs

Pakistan Supreme Court holds mining lease to be movable property; dismisses appeal for not raising territorial jurisdiction objections before trial court at the earliest

Only “green” fireworks permitted to be manufactured and sold: SC

Stay on court proceedings in presence of an arbitration clause can be granted to either of the parties to arbitration only

Intendment of Order XVIII Rule 3-A CPC explained – Litigant should not be permitted to bide time and fill in lacuna by appearing in witness box after examination of other witnesses: Bombay HC

Fortis Healthcare Limited alleged with diversion of funds in favour of its promoters; direction to recover the amount issued: SEBI

Claimant not to suffer for non-appearance of respondent; arbitrator’s award dismissing FCI’s claim set aside for “cryptic-reasoning”: Delhi HC

Application for filing additional documents in criminal cases: A power not to be used by the courts to fill up the gap(s)

Court not to be bystander to disobedience of its orders; contemnor sentenced imprisonment and fine: Calcutta HC

Amendments that are consequential and do not change the nature of suit, can be allowed at any stage of the suit before the delivery of judgment

Mens rea immaterial in determining liability for the offence of “scandalizing contempt” under the provisions of Administration of Justice (Protection) Act, 2016

Section 106 Evidence Act not a substitute for the burden of proof which rests on prosecution; murder accused acquitted holding prosecution case based on presumption: Bombay HC

CIC imposes penalty on Bar Council of Delhi for “utter disregard for law”

High Court acted incorrectly by misconceiving the nature of case and cause of action: SC of Sri Lanka

“Open, mutual and current account” exists only when there are shifting balances; cash payment simpliciter held not to extend limitation under Section 18, 19 limitation Act: Delhi HC

Successor-in-title held not to get supervening testamentary rights; person signing as witness not a signatory to document: Bombay HC

Improvisation of story by witnesses raises serious doubt on prosecution case; conviction of rape modified; sentence reduced for young first time offender: Tripura HC

Report filed under Order 7, Rule 14 of Civil Procedure Code, accepted as evidence; impugned order affirmed

‘Duty to care’ covers the duty to not provide misleading information which may foreseeably cause physical injury

Conviction under Section 376 IPC upheld in light of act being ‘forcible’ and ‘non-consensual’: SC

Change of ‘venue’ different from change of ‘seat’ of Arbitration; exercise of jurisdiction under Section 34 A&C Act declined for ‘seat’ being at London: Del HC