law Archives

Ker HC | Minor rape survivor allowed to undergo medical termination of pregnancy even after 25 weeks and 3 days gestational age considering the risk of severe psychiatric trauma

Kerala High Court: P.V. Asha, J., allowed termination of pregnancy even after 25 weeks 3 days gestational age considering the tender age

Case Briefs High Courts

Ori HC | Can an arbitration clause be invoked when there is an arbitration clause in the agreement but not registered or executed? HC decides

Orissa High Court: K. R. Mohapatra J., dismissed the appeal being devoid of merits. The facts of the case are such that

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Whether Delhi Metro Rail Corporation (DMRC) is an enterprise under S. 2(h) of Competition Act? DMRC activities sovereign or economic? Read on

Competition Commission of India (CCI): The coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi, Members expressed that

Case Briefs High Courts

All HC | ‘Eliminating competition in business using writ jurisdiction not permissible’: HC decides whether a competitor can prevent a rival from exercising right to carry on business

Allahabad High Court: The Division Bench of Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., reiterated the settled position that in normal

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Services availed amounts to input services to be eligible for credit; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

MP HC | Once the process of recruitment commences on issuance of advertisement, no changes in essential qualification or disqualification can be made during subsistence of the said recruitment

Madhya Pradesh High Court: A Division Bench of Rajeev Kumar Shrivastava and Sheel Nagu, JJ., dismissed the instant petition, whereby the petitioners

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether confiscation of goods and imposition of fine and penalty by the Lower Authority in absence of valid PSI certificate maintainable; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member) partly allowed an appeal which was filed against the Order-in-Appeal

Case Briefs High Courts

Ker HC | International Arrest Warrant by itself will not suffice to extradite an accused to UAE. For extradition, request should be communicated in writing via diplomatic channels, HC states

Kerala High Court: N. Nagaresh, J., addressed the petition seeking to direct the State to implement International Arrest Warrant and to handover

Case Briefs High Courts

Jhar HC | Compassionate Appointment cannot be granted after a lapse of reasonable period which must be specified in the rules; petition dismissed allowing monetary compensation

Jharkhand High Court: S.N. Pathak, J., while dismissing the present petition, reiterates, “Compassionate Appointment is a concession and not a right.” Husband

Advance Rulings Case Briefs

Kar AAR | Whether Input Tax Credit can be availed on distribution of promotional product done for marketing and brand promotion? Read AAR ruling in the matter of Jockey & Speedo

Authority for Advance Ruling, GST: A Division Bench of Dr Ravi Prasad M.P. (Additional Commissioner of Commercial Taxes) and MashhoodUr Rehman Farooqui (Joint

Op Eds OP. ED.

Consumer Complaints Against Educational Institutions

by Rudrajyoti Nath Ray*

Case Briefs High Courts

Ker HC | HC dismisses a petition seeking direction to enhance the permissible number of pilgrims at Sabrimala pilgrimage during pandemic as infructuous

Kerala High Court: A Division Bench of C.T. Ravikumar and K. Haripal, JJ., allowed various petitions in connection with Sabrimala pilgrimage and

Op Eds OP. ED.

Farm houses in Karnataka: Lacunae in Legislation

by Gautamaditya Sridhara*

Case Briefs High Courts

HP HC | [Interpretation of Statutes] Court while drawing distinction between the terms ‘Block’ and ‘Constituency’, denies to reserve the post of Pradhan in Gram Panchayat elections for ST category

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan, J. and Jyotsna Rewal Dua, J. while dismissing the present petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | It is incumbent on the original authority not to adjudicate the protective notices and wait till the decision of the Revisionary Authority; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals which were filed against the impugned order passed

Op Eds OP. ED.

Individual Insolvency under Part 3 of IBC, 2016 – Why the provisions ought to be reviewed

by Vipul Kumar*

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tata Trusts Case | When can a Corpus be treated as a Capital or Investment? ITAT Mumbai

Income Tax Appellate Tribunal, Mumbai (ITAT): Dealing with the issue on nature, scope, and explanation Section 263 (2)(a) to the effect that

Case Briefs High Courts

HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates

Himachal Pradesh High Court: Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition, stating, “… power

Case Briefs High Courts

P&H HC | “It is unfortunate that dependents/heirs of an ex-employee, who died in harness, are being made to run from pillar to post.” HC warns state to get into action least the Court may be compelled to take a serious view of the matter

Punjab and Haryana High Court: Anil Kshetarpal, J., expressed concern over lethargic attitude of the State towards granting pensionary benefits to the

Case Briefs High Courts

Bom HC | Can a transgender contest election from a seat reserved for women candidate? HC espouses transgender people’s “Right to Self-Perceived Gender Identity”

Bombay High Court: A Vacation Bench of Ravindra V. Ghuge, J., allowed the petitioner, a transgender person, to contest the panchayat elections