Case Briefs Archives

Family Court’s order remanded back on not realising the essence of “aggrieved person” under the DV ACT, 2005

Bombay High Court: A Single Judge Bench comprising of Bharati H. Dangre, J., addressed a Writ Petition filed addressing the order of

Case Briefs High Courts

Bombay HC allows PIL against illegal felling of trees in light of the “Tree Act”

Bombay High Court: In an highly structured and ornate decision concerning the deficiencies of the Maharashtra (Urban Areas) Protection and Preservation of

Case Briefs High Courts

Government officer nearing retirement can be transferred in cases of administrative exigencies

Rajasthan High Court: A Single Judge Bench comprising of Arun Bhansali, J. declined to interfere with the transfer order of the petitioner

Case Briefs High Courts

Withholding salary in lieu of service provided amounts to ‘begar’ prohibited under Article 23 of Constitution

Allahabad High Court: While deciding a writ petition, a Division Bench comprising of Pankaj Mithal and Saral Srivastava, JJ., directed the respondents

Case Briefs High Courts

An order in violation of rules of educational bodies cannot be passed by a writ court in judicial review

Calcutta High Court: A Single Judge Bench comprising of Shampa Sarkar, J. dismissed a writ petition filed by a student of BA

Case Briefs Tribunals/Commissions/Regulatory Bodies

Debtor, RP not to be held responsible for failure of Resolution Plan in absence of evidence

National Company Law Appellate Tribunal (NCLAT): Where an application to initiate Corporate Insolvency Resolution Process (“CIRP”) was moved by the bank-financial creditor,

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC refuses to interfere with cases similar to sub judice matters

Central Information Commission (CIC): The appellant had approached the Chief Public Information Officer (“CPIO”) at the University of Delhi, asking for details

Case Briefs High Courts

Division Bench of Delhi HC splits as to whether PM National Relief Fund is a ‘public authority’ under RTI Act

Delhi High Court: The Division Bench comprising of S. Ravindra Bhat and Sunil Gaur, JJ., gave different opinions as to whether Prime

Case Briefs High Courts

Proceedings under Section 13 of Hindu Marriage Act transferred considering convenience of the wife

Himachal Pradesh High Court: A Single Judge Bench comprising of Ajay Mohan Goel, J. allowed the matrimonial proceedings to be transferred from

Case Briefs High Courts

Sentence of a ‘rape convict’ reduced in light of mitigating circumstances

Bombay High Court: The sentence of the appellant who was convicted for kidnapping and rape, was reduced to the period already undergone

Case Briefs High Courts

Section 8(1)(j) of RTI Act, 2005 does not waive the entitlement of a wife to know about husband’s remuneration in light of obtaining maintenance

Madhya Pradesh High Court: While allowing an appeal, the Division Bench of S.K. Seth J., and Nandita Dubey J., decided a writ

Case Briefs High Courts

Accused charged under Section 138 NI Act, 1881, acquitted in light of “no evidence”

Madras High Court: In a Single Judge Bench decision comprising of P. Kalaiyarasan, J., accused was acquitted of the charges under Section

Case Briefs High Courts

Bail granted on the basis of time lapse of 3 months in filing a complaint

Chhattisgarh High Court: The Single Judge Bench comprising of Arvind Singh Chandel, J., granted regular bail to an offender charged under Sections

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mere assurance of loan by Manager is not a ground to challenge actual loan sanctioned

National Consumer Disputes Resolution Commission (NCDRC): The appellant applied to the respondent bank for a loan of Rs 9,00,000, but only a

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Insolvency Resolution Process to be ordered only upon the existence of default, not merely debt

National Company Law Appellate Tribunal (NCLAT): The NCLAT has held that initiation of Corporate Insolvency Resolution Process (“CIRP”) must be ordered only

Case Briefs High Courts

MACP benefits allowed upon non-communication of ACR gradation

Calcutta High Court: The Single Judge Bench of Rajasekhar Mantha, J. allowed Modified Assured (“MACP”) benefits to accrue to the petitioner, in retrospect,

Case Briefs Foreign Courts

Appeal dismissed by affirming the decision of High Court in drug trafficking case; Death sentence imposed

Court of Appeal of Malaysia: The Bench comprising of Tengku Maimun Tuan Mat, JCA, Yaacob Haji Md Sam, JCA, Zabariah Mohd Yusof,

Case Briefs High Courts

Rape accused given reduced sentence due to occurrence of the offence before enforcement of Criminal (Amendment) Act, 2013

Gauhati High Court: A Single Judge Bench comprising of Hitesh Kumar Sarma, J., convicted the accused-appellant under Section 376(1) of the IPC,

Case Briefs High Courts

Conviction modified in light of accused being in a drunken condition at the time of incident

Chhattisgarh High Court: Conviction of the appellant (accused) under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,