Case Briefs Archives

Retrospective reduction in pay scale after superannuation held impermissible

Bombay High Court: Order passed by the respondent, reducing the basic pay of the petitioner retrospectively after her superannuation, was set aside

Case Briefs High Courts

Investigation not to be stopped if prima facie commission of an offence is disclosed

Uttaranchal High Court: The relief of quashing of FIR, as prayed for by the petitioner, was denied by a Single Judge Bench

Case Briefs High Courts

No information about the progress of case accepted as a reasonable cause for appellant’s non-appearance before the Tribunal

Rajasthan High Court: The Judgment passed by the Motor Accident Claims Tribunal rejecting the claim petition of the appellant, was set aside

Case Briefs High Courts

Concept of liberal approach has to encapsulate conception of reasonableness

Punjab and Haryana High Court: The relief prayed for in a writ petition was denied to the petitioner by a Single Judge

National Consumer Disputes Redressal Commission

Case Briefs

NCDRC’s pecuniary jurisdiction involves consideration plus compensation; no presumption that NRIs purchase property to sell for profit

National Consumer Disputes Redressal Commission (NCDRC): The complainant is a Non-Resident Indian (“NRI”) residing in the USA. He booked a flat with

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mere existence of disciplinary proceeding no reason for denying information

Central Information Commission: The appellant had requested the following information regarding the disciplinary case against him, from the CPIO, Dept. Of Posts: 1.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC issues notice to Gujarat Govt over reported death of a Dalit rag picker due to beating in Rajkot

National Human Rights Commission (NHRC): The NHRC has taken suo motu cognizance of media report that a 40 year old Dalit rag

Case Briefs High Courts

Arbitrator appointed in light of undisputed Arbitration Agreement between the parties

Calcutta High Court: A Single Judge Bench comprising of Ashis Kumar Chakraborty. J. decided an arbitration petition, wherein the arbitrator was appointed

Case Briefs High Courts

Court exercises “parens-patriae” jurisdiction for a minor female’s welfare

Himachal Pradesh High Court: The Single Judge Bench comprising of Tarlok Singh Chauhan, J., addressed a very unusual petition in which the

Case Briefs Foreign Courts

In light of lack of remorse and interest of society, life imprisonment an appropriate punishment for a rape convict

High Court of South Africa, Eastern Cape Division: In a judgment delivered by Brooks, J. of the High Court of South Africa,

Case Briefs High Courts

Recovery of excess payment from a retired employee held impermissible

Allahabad High Court: A writ petition filed by a retired employee against the order of recovery of certain amount, was allowed by

Case Briefs Supreme Court

Mere receipt of a notice by Collector doesn’t allow the prohibition under Section 15(12) of UP Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 to come into play: SC

Supreme Court: In the case where it was contended that once a notice is given under Section 15(2) of Uttar Pradesh Kshettra

Case Briefs High Courts

Test Identification Parade cannot be discarded in absence of formal proof by Executive Magistrate

Madhya Pradesh High Court: The conviction of the appellant under Section 364-A IPC was altered to Section 365 by a Division Bench

Case Briefs High Courts

Wife has an absolute right to maintenance under Section 125 CrPC, unless disqualified

Madras High Court: The Single Judge Bench comprising of M.V. Muralidaran J., held that “If the husband is healthy, able-bodied and in

Case Briefs High Courts

Payment of terminal benefits to ad-hoc teacher not to precede the determination of status of employment; PF can be paid

Patna High Court: The appellant, appointed to a government college on an ad-hoc basis but his services were later approved and upon instances

Case Briefs High Courts

Calcutta HC passes interim order allowing disqualified directors to continue despite disqualification under Section 164(2) of Companies Act

Calcutta High Court: The Court recently passed an interim order where it allowed certain people who were directors in multiple companies to

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCC Times

Case Briefs

Retrospective reduction in pay scale after superannuation held impermissible

Investigation not to be stopped if prima facie commission of an offence is disclosed

No information about the progress of case accepted as a reasonable cause for appellant’s non-appearance before the Tribunal

Concept of liberal approach has to encapsulate conception of reasonableness

NCDRC’s pecuniary jurisdiction involves consideration plus compensation; no presumption that NRIs purchase property to sell for profit

Mere existence of disciplinary proceeding no reason for denying information

NHRC issues notice to Gujarat Govt over reported death of a Dalit rag picker due to beating in Rajkot

Arbitrator appointed in light of undisputed Arbitration Agreement between the parties

Court exercises “parens-patriae” jurisdiction for a minor female’s welfare

In light of lack of remorse and interest of society, life imprisonment an appropriate punishment for a rape convict

Recovery of excess payment from a retired employee held impermissible

Mere receipt of a notice by Collector doesn’t allow the prohibition under Section 15(12) of UP Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 to come into play: SC

Test Identification Parade cannot be discarded in absence of formal proof by Executive Magistrate

Wife has an absolute right to maintenance under Section 125 CrPC, unless disqualified

Payment of terminal benefits to ad-hoc teacher not to precede the determination of status of employment; PF can be paid

Calcutta HC passes interim order allowing disqualified directors to continue despite disqualification under Section 164(2) of Companies Act

Advice on conflicting blood group reports within Right to Information and Right to Life

‘Opinion’ or ‘advice’ in Section 2(f) of RTI Act refers to such information as is available in public records

Mere possession of counterfeit notes not enough to establish guilt

Purpose of grant is to be seen to ascertain it as a capital or revenue receipt