law Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Builder has to mention the date of delivery of possession in agreement & failure to do so will be read against builder; Homebuyer cannot be made to wait for possession indefinitely

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member) held that, a homebuyer

Case Briefs High Courts

“Block Twitter handle of defendant making derogatory posts against TV Today Network and its leading anchor” Del HC allows injunction sought by media conglomerate

Delhi High Court: Mukta Gupta, J., allowed the injunction application filed by the TV Today Network finding they have established prima facie case

Case Briefs High Courts

Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed

Karnataka High Court: R. Devdas, J., while allowing the present Writ Petition, directed the Medical Council to issue the No Objection Certificate

Case Briefs Foreign Courts

SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Priyantha Jayawardena, Vijith K. Malalgoda and Murdu

Case Briefs Foreign Courts

SCOTUS | Providing dissimilar treatment for men and women who are similarly situated cannot stand in the face of Fourteenth Amendment and the Equal Protection Clause: Court while construing provisions of Idaho Code

Supreme Court of the United States (SCOTUS): A Full Judge Bench of Warren E. Burger, C.J. and Lewis F. Powell, Jr., Harry

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Are the offices of President, Vice President, PM, Governors, LGs and CMs legally obliged under RTI Act to entertain RTI applications? Commission unfolds position

Central Information Commission (CIC): Y.K. Sinha (Information Commissioner), reiterated the Commission’s position that, offices of President, Vice President, Prime Minister, Governors, Lt. Governors

Case Briefs High Courts

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the

Case Briefs High Courts

Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition

Uttaranchal High Court: A Division Judge Bench of K.M. Joseph and Sharad Kumar Sharma, JJ., had allowed a revision which was filed

Case Briefs High Courts

Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise

Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of

Case Briefs High Courts

Guj HC | Reasons given by lower authorities sound enough to set aside removal of Sarpanch under S. 57(1) of Gujarat Panchayat Act; Court dismisses petition

Gujarat High Court: A.G. Uraizee, J., dismissed a petition which was filed aggrieved by the dismissal of Revision Application by the Secretary,

Case Briefs High Courts

Chh HC | Whether alienation of property by an alleged wife of a deceased is void? HC analyses position in light of ‘Customs’ under Hindu Marriage Act

Chhattisgarh High Court: Sanjay K. Agrawal, J., discusses the decision of trial Court and first Appellate Court with regard to alienation of the

Case Briefs High Courts

Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence

Delhi High Court: A Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., in regard to Triple Talaq observed that, Prima facie it

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | On suffering a bad outcome from medical treatment, will a person have an automatic right to sue for compensation? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), upheld the State Commission’s

Case Briefs High Courts

Exhaustive analysis of a 2-tier mechanism to provide concession in school fees: Unraveling various aspects of Cal HC’s ruling

Calcutta High Court: A Division Bench of Sanjib Banerjee and Moushumi Bhattacharya, JJ., while addressing the issues raised in the present petition observed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Can lease rentals arising out of use and occupation of a cold storage unit be categorised as ‘Operational Debt’ under S. 5(21) I&B Code? Find out Tribunal’s ruling

National Company Law Appellate Tribunal (NCLAT): A Coram of Venugopal M. (Judicial Member) and Shreesha Merla (Technical Member), while addressing the present company

Case Briefs Supreme Court

Whether an ex-employee of a financial creditor is eligible to be appointed as Resolution Professional? Read what SC says

Supreme Court: The 3-Judge Bench of Arun Mishra, B.R. Gavai and Krishna Murari, JJ., set aside the NCLAT’s Order with regard to

Case Briefs High Courts

Pat HC | What are the essentialities of acquisition & determination of Indian Citizenship? HC considers in light of setting aside election of a person not being registered as an Indian Citizen

Patna High Court: The Division Bench of Sanjay Karol, CJ and S. Kumar, J., addressed the vital issue of citizenship with respect

Case Briefs High Courts

Madras HC | Is participation of advocates permitted in proceedings before Ombudsman under Banking Ombudsman Scheme, 2006 promulgated by RBI? HC to contemplate

Madras High Court: A Division Bench of Amreshwar Pratap Sahi, CJ and Senthilkumar Ramamoorthy, J., to consider the issue with regard to

Case Briefs High Courts

HP HC | Arms Licenses cannot be granted to be used as status symbol of the applicants; Powers under S. 17(3) of Arms Act exercised, applicant being guilty of ‘suppressio veri suggestio falsi’

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ. dismissed the petition being devoid of