law Archives

Pat HC | Party’s conduct lacks bonafide and was only with the view for the court to interfere and grant indulgence, Court has been misled; anticipatory bail denied

Patna High Court: Ahsanuddin Amanullah, J., dismissed an application for grant of pre-arrest bail to the petitioners. The petitioners apprehend arrest in

Case Briefs High Courts

Ker HC | Accused forced to plead guilty without being given an opportunity to avail assistance from a legal practitioner; HC sets aside order

Kerala High Court: In an appeal against the order delivered by JMFC, Mallapuram; P. Somarajan, J., allowed the same setting aside the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Is it necessary to take consent under Water and Air Act to establish garbage processing plant? Tribunal directs closure of plant

National Green Tribunal (NGT): The Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member), Dr Satyawan Singh

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Assessee eligible for availing CENVAT credit on service tax paid on outward transportation of its finished goods; Tribunal dismisses appeal by the Revenue

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member), dismissed an appeal filed by the Revenue alleging that the

Case Briefs High Courts

HP HC | Exclusive and conscious possession of contraband substance under NDPS Act can be a deterring ground for grant of bail; petition dismissed

Himachal Pradesh High Court: Chander Bhusan Barowalia J., while rejecting the present petition observed that the ingredients of Section 37 NDPS Act

Case Briefs High Courts

Pat HC | Whether transferee pendente lite have a right to be added as parties to partition suit? Court explains legal position

Patna High Court: Mohit Kumar Shah, J., while addressing the instant partition suit decided on the question as to whether: transferee pendente

Case Briefs High Courts

Chh HC | Parole granted to a female convict having committed offence under S. 302 IPC; Impugned order by District Magistrate set aside

Chhattisgarh High Court: Sanjay K Agrawal J., set aside the impugned order having no substantial reason for rejecting parole of a female

Case Briefs High Courts

Madras HC | “Framers trusted Constitutional Appointees to perform duties promptly”; Court invokes Art. 200 while enouncing Governor’s responsibility of taking early decision when a Bill is presented for assent

Madras High Court: A Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., said that a Constitutional Authority has to take a

Case Briefs High Courts

Ker HC | Any condition that requires petitioner to make a pre-deposit of any amount for invoking the arbitration would fall foul of the law declared by SC; Petition allowed

Kerala High Court: A.K. Jayasankaran J., allowed the present petition, clarifying the scope and ambit of powers to be exercised by Courts

Case Briefs High Courts

Bom HC | Can “cooling-off period” under S. 13-B(2) of Hindu Marriage Act be waived? Legal position discussed in a case of pregnant woman

Bombay High Court: Nitin W. Sambre, J., allowed an application seeking waiver of the cooling-off period on an urgent basis in light of

Case Briefs High Courts

Kar HC | Whether delay and latches be put against a person who approaches the Writ Court under Article 226 of the Constitution? HC determines

Karnataka High Court: S. G. Pandit J., rejected the petition on the ground of delay and latches. The facts of the case

Op Eds OP. ED.

Covid-19 – Necessary Reflections on Disaster Management Act, 2005

by M.P. Sajnani* and Dr. Priya A. Sondhi**

Op Eds OP. ED.

Is Decriminalisation of homosexuality enough?

by Aastha & Aryaman*

Case Briefs High Courts

HP HC | Whether a daughter upon marriage ceases to be a part of the family for the purpose of seeking compassionate appointment against her deceased father; HC elucidates

Himachal Pradesh High Court: A Division Bench of Sureshwar Thakur and Chander Bhusan Barowalia JJ., while allowing the present petition said, “Marriage

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of interest to be calculated from the date of determination of due amount till actual date of payment of duty; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs High Courts

J&K HC | Order of detention cannot be a mere reproduction of the dossier, without any judicial application of mind; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present petition held, “The service of the grounds of detention on

Case Briefs High Courts

[Right to Education] Kar HC | Reprimands ‘State’ action against establishing private schools; Compared ‘State’ action to a village priest chanting hymns without knowing its meanings

Karnataka High Court: Krishna S. Dixit J., issued a writ of certiorari to quash the impugned orders and sent back the issue

Case Briefs High Courts

Jhar HC | No discrimination to be made if the nature of job is same and performance are same or similar, Principle of ‘equal pay for equal work’ applied

Jharkhand High Court: S. N Pathak J., upheld the award applying the principle of equal pay for equal work. The facts of

Case Briefs High Courts

Gau HC | Claim for compassionate appointment can either be rejected or accepted as per law, but once it is accepted appointment is understood to be regular appointment

Gauhati High Court: Achintya Malla Bujor Barua J., while allowing the present petition for regularization, placed reliance upon the judgment dated 13-03-2019

Case Briefs High Courts

MP HC | In the garb of review, rehearing cannot be permitted; Court dismisses review petition finding no error apparent

Madhya Pradesh High Court: In a case seeking review of an order of this particular Court by the petitioner, Rajeev Kumar Shrivastava,