law Archives

Guj HC | How fair was the denial of appointment to waitlisted eligible candidate due to whimsical interpretation of policy by the Service Commission; Court answers while allowing appeal

“When youth of the country is gripped in the specter of unemployment, the arbitrary and whimsical stand of such kind of agency,

Case Briefs High Courts

[Flashback] Ker HC | If a husband imputes infidelity and immorality on the part of his wife, would that amount to cruelty? Read How HC discusses applicability of S. 27 of Special Marriage Act

To marry or not to marry and if so whom, may well be a private affair. But, the freedom to break a

Cases Reported SCC Weekly

2020 SCC Vol. 8 Part 2

Insolvency and Bankruptcy Code, 2016 — S. 43 — Preferential nature of transactions — Determination/Identification of: Satisfaction of three fold requirements i.e.

Cases Reported SCC Weekly

2020 SCC Vol. 8 Part 1

Procedural and Evidentiary liberties under S. 34 of the Arbitration Act: An application under Section 34 is meant only for examining the

Case Briefs High Courts

Jhar HC | [Sales Tax and VAT] Only because a provision has been made for levy of penalty, the same by itself would not lead to the conclusion that penalty must be levied in all situations; HC reiterates

Jharkhand High Court: A Division Bench of H.C. Mishra and Deepak Roshan, JJ., allowed the present petition against the respondent authorities charging

Case Briefs High Courts

Del HC | Summons issued in copyright infringement suit filed by Elsevier alleging infringement of copyright in medical journals, articles, etc.

Delhi High Court: Rajiv Shakdher, J., issued the summons in the suit filed by Elsevier Ltd. against Alexandra Elbakyan and others alleging infringement

Op Eds OP. ED.

Law Related to Summary Judgment: A Critical Analysis

by Rajnish Kumar Jha*

Case Briefs High Courts

Madras HC | “Head hanged in shame for ill-treating SCs for centuries altogether”: Court while asking questions to State in matter of lack of road to graveyard for SCs

Madras High Court: The Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., asked the State Government to file a report in the

Op Eds OP. ED.

Justification of Means to End: Nature of Notification under Section 4 of IBC

by Anurag Tripathi* & Naman Singh Bagga**

Op Eds OP. ED.

The Curious Case of Dabus: Who should own the AI-Related inventions?

by Saransh Chaturvedi*

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Would disclosure of names of donors and donees of ‘Electoral Bonds’ from books of accounts amount to contravention of RTI Act provisions? Commission answers

Central Information Commission (CIC): Suresh Chandra (Information Commissioner) observed that disclosure of the names of the donors and donees of electoral bonds

Case Briefs High Courts

J&K HC | Court is not barred from scrutinizing the subjective satisfaction of the detaining authority in any given case; Order of detention set aside

Jammu and Kashmir High Court: Puneet Gupta, J., while setting aside the detention order, reiterated that subjective satisfaction of the detaining authority

Case Briefs High Courts

Kar HC | Income from the exercise of the stock option has to be treated as income from salaries only when the relationship of employer-employee is established for purposes of S. 15-17 of IT Act

Karnataka High Court: A Division Bench of Alok Aradhe and H. T. Narendra Prasad JJ., allowed the appeal and quashed the impugned

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

2020 Wrap Up — Flashback of Stories on Consumer Cases

Since 2020 is now winding down, we switch on our flashback mode and note that a lot of changes in the name

Case Briefs High Courts

Kar HC | Police officer who defaulted in registering FIR in a cognizable case was directed to clean the front of his police station for 1 week; Laid emphasis on FIR and Zero FIR

Karnataka High Court: A Division Bench of S. Sunil Dutt Yadav and P. Krishna Bhat, JJ., emphasized on the importance of jurisdictional

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether reimbursement of salary paid to ‘secondee’, to parent company, amounts to consideration for provision of manpower recruitment & supply agency services, within the meaning of S. 65(68) of Finance Act; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P. Venkata Subba Rao (Technical Member) and P. Dinesha (Judicial Member)

Law made Easy

Consumer Protection Act, 2019: A Primer

Suchita Shukla†

Case Briefs High Courts

Madras HC | What is the essential condition for validity of any marriage? Detailed Report highlighting legality of marriage of a girl below 18 years of age

Madras High Court: R. Pongiappan, J., observed that: “…saptpadi for Hindus is the necessary requirement, which if completed make a marriage valid in

Case Briefs High Courts

Pat HC | Land acquisition proceedings quashed as Authorities fail to take physical possession of land and pay compensation as required under Land Acquisition Act, 1894

Patna High Court: Prabhat Kumar Jha, J., allowed the instant writ petition seeking to quash the entire proceeding of land acquisition and

Case Briefs High Courts

Madras HC | When in circumstances registration of case is itself an abuse of process of law, Court can exercise inherent powers

Madras High Court: R. Pongiappan, J., addressed the Criminal Original Petition seeking to quash the First Information Report of first respondent police as