Case Briefs Archives

Ambit of inherent powers conferred upon High Courts: Not limited to the specific cases laid down under criminal and civil laws

Jammu & Kashmir High Court: A Single Judge Bench of M.K. Hanjura, J., allowed a petition under Section 561-A of CrPC, 1989

Case Briefs District Court

Parties being US citizens, Indian courts sans jurisdiction under Guardian and Wards Act; custody petition by mother dismissed

Tis Hazari Court, Delhi (Family Court): The Bench of Reema Singh Nag, Additional Principal Judge dismissed a custody petition filed by a

Case Briefs High Courts

Wife divorced on grounds of desertion entitled to claim maintenance under Section 125 CrPC; husband’s challenge to award of maintenance dismissed

Bombay High Court: A Single Judge Bench comprising of Mangesh S. Patil, J. dismissed a husband’s challenge to the award of compensation

Case Briefs High Courts

Parameters for assessing quantum of punishment for rape upon child reiterated; sentence of imprisonment for life modified

Delhi High Court: A Division Bench comprising of Vipin Sanghi and I.S. Mehta, JJ. modified the sentence of the appellant convicted under

Case Briefs Supreme Court

Live Streaming of Court proceedings| Recommendations by AG KK Venugopal

“Justice should be administered in an open court” Supreme Court: In the matter concerning live streaming of court proceedings, the Attorney General

Case Briefs High Courts

Recovery of amount which is barred by limitation not allowed under Article 226; application for refund of fees against MCI rejected

Delhi High Court: A Single Judge Bench comprising of Vibhu Bhakru, J. dismissed a writ petition filed for recovering the application fee

Case Briefs High Courts

Clause ousting jurisdiction of courts held valid, Gauhati HC directs petitioner to pursue remedy before Delhi courts

Gauhati High Court: A Single Judge Bench comprising of Kalyan Rai Surana, J. dismissed a revision petition filed under Section 115 CPC

Case Briefs High Courts

Application under Or 6 R 17 CPC cannot be allowed to convert title of suit filed by an individual to one by private limited company

Delhi High Court: A Single Judge Bench comprising of Anu Malhotra, J. dismissed a petition filed against the order of the trial

Case Briefs

In actions seeking relief personal to the deceased, right to sue does not survive against his representatives; inquiry against deceased noticee abated: SEBI

Securities and Exchange Board of India (SEBI): A single member bench comprising of Satya Ranjan Prasad, Adjudicating Officer ordered to abate the

Case Briefs High Courts

‘Public servant’ does not include retired employee; notice of enquiry against retired public servant held sans jurisdiction

Manipur High Court: A Single Judge Bench comprising of Kh. Nobin Singh, J. allowed a writ petition filed by a retired public

Case Briefs High Courts

Owner of vehicle exonerated from recovery right granted to Insurer in view of sub-section 3(b) of Section 66 of MV Act

Delhi High Court: A Single Judge Bench comprising of Sunil Gaur, J. allowed an appeal filed against the order of the Motor

Case Briefs High Courts

Trial Court empowered to summon material prosecution witness even at stage of defence evidence; order passed under Section 311 CrPC upheld

Punjab and Haryana High Court: A Single Judge Bench comprising of Surinder Gupta, J. dismissed an appeal filed against order of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Agreement between consumer and service provider does not qualify as ‘agreement’ contemplated under Section 3(3) of Competition Act: CCI

Competition Commission of India(CCI): A four-member bench comprising of Sudhir Mital, Chairperson and Augustine Peter, U.C. Nahata and Justice G.P. Mittal, Members

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation on initiation of ‘process’ by financial creditor to be counted from the date when Section 7 I&B Code came into force: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Consumer Protection Act, 1986 is not meant to be a tool to obtain wrong gains or to create ‘nuisance value’

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar and Dinesh Singh, Members, dismissed a revision petition filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Non-compliance of SEBI directions seriously compromise regulatory framework; leniency in penalty would defeat intent of Section 15-HB SEBI Act: SEBI

Securities and Exchange Board of India (SEBI): A single member bench comprising of Santosh Shukla, Chief General Manager (Adjudicating Officer) exercised his

Case Briefs Supreme Court

Any reform of electoral process have to be done via legislation; filing of electronic nominations in W.B. panchayat elections held not allowed: SC

“Any dispute in regard to the validity of the election has to be espoused by adopting a remedy which is known to

SCC Times

Case Briefs

Ambit of inherent powers conferred upon High Courts: Not limited to the specific cases laid down under criminal and civil laws

Parties being US citizens, Indian courts sans jurisdiction under Guardian and Wards Act; custody petition by mother dismissed

Wife divorced on grounds of desertion entitled to claim maintenance under Section 125 CrPC; husband’s challenge to award of maintenance dismissed

Parameters for assessing quantum of punishment for rape upon child reiterated; sentence of imprisonment for life modified

Live Streaming of Court proceedings| Recommendations by AG KK Venugopal

Recovery of amount which is barred by limitation not allowed under Article 226; application for refund of fees against MCI rejected

Clause ousting jurisdiction of courts held valid, Gauhati HC directs petitioner to pursue remedy before Delhi courts

Application under Or 6 R 17 CPC cannot be allowed to convert title of suit filed by an individual to one by private limited company

In actions seeking relief personal to the deceased, right to sue does not survive against his representatives; inquiry against deceased noticee abated: SEBI

‘Public servant’ does not include retired employee; notice of enquiry against retired public servant held sans jurisdiction

Owner of vehicle exonerated from recovery right granted to Insurer in view of sub-section 3(b) of Section 66 of MV Act

Trial Court empowered to summon material prosecution witness even at stage of defence evidence; order passed under Section 311 CrPC upheld

Agreement between consumer and service provider does not qualify as ‘agreement’ contemplated under Section 3(3) of Competition Act: CCI

Limitation on initiation of ‘process’ by financial creditor to be counted from the date when Section 7 I&B Code came into force: NCLAT

Consumer Protection Act, 1986 is not meant to be a tool to obtain wrong gains or to create ‘nuisance value’

Non-compliance of SEBI directions seriously compromise regulatory framework; leniency in penalty would defeat intent of Section 15-HB SEBI Act: SEBI

Sentence under Section 304 Part II reduced finding absence of common intention: SC

If ‘debt’ has been ‘disputed’, question of default doesn’t arise; orders under Section 9 I&B Code quashed: NCLAT

Marriage solemnized before dismissal of appeal against decree of divorce held valid on ‘purposive construction’: SC

Any reform of electoral process have to be done via legislation; filing of electronic nominations in W.B. panchayat elections held not allowed: SC