law Archives

Son ousted benighted widowed mother, deprived her right to “live a normal life” apart from maintaining and supporting her livelihood: Bom HC

Bombay High Court: G.S. Kulkarni, J., while addressing another unfortunate case concerning a mother who was ousted from the tenement she owned

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can merely disowning bank accounts exempt assessee from paying tax? Read why ITAT approved addition of Rs 12.81 Crores under S.68 of Income Tax Act

Income Tax Appellate Tribunal (ITAT), New Delhi: Stating that, “Urgent needs invite urgent action”, Amit Shukla, Judicial Member and Dr B.R.R. Kumar,

Case Briefs Tribunals/Commissions/Regulatory Bodies

If lessee is not actual owner of property, can actual rental expenses be claimed on return of income? ITAT decides

Income Tax Appellate Tribunal, Bangalore Benches (ITAT): The Bench of Chandra Poojari, AM and George George K, JM while partly allowing an

Case Briefs High Courts

Cases involving large scale revenue unresolved for several years, leading to looting of nation’s properties: Read what Madras HC observes

Madras High Court: Noting a matter involving State Revenues, S.M. Subramaniam, J., expressed that, “…writ petitions involving large scale revenue, more specifically,

Advance Rulings Case Briefs

CSR under GST Reign | Goods provided free of cost under CSR activity to Kerala Flood affected people: Will Distributor be entitled to input tax credit? Ker AAR decides

Kerala Authority for Advance Ruling: S. Anilkumar, Additional Commissioner of Central Tax & B.S. Thyagarajababu, Joint Commissioner of State Tax decided whether

Case Briefs High Courts

Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC

Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report

Case Briefs High Courts

Taking Rs 15,000 as notional income of a family member who is non-earning, in a motor accident claim: Is it reasonable? All HC decides

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., enhances quantum of award of a non-earning

Case Briefs High Courts

Provision of Personal Hearing would defeat the purpose of Faceless Assessment Scheme? Del HC decides

Delhi High Court: The Division Bench of Manmohan and Navin Chawla, JJ., while focusing on the principles of natural justice and right

Case Briefs Foreign Courts

SPOTIFY v. POTIFY | Can the mark POTIFY conjure up mark SPOTIFY? Here’s detailed analysis of US Patent and Trademark Office decision in trademark clash

United States Patent and Trademark Office: Cataldo, Adlin and Lebow, Administrative Trademark Judges, decided whether SPOTIFY is entitled against dilution by blurring

Case Briefs High Courts

P&H HC stresses upon adopting contemporary methods of investigation rather than taking third-degree shortcuts

Punjab and Haryana High Court: Amol Rattan Singh, J., held that police stations including the interrogation room should be covered by CCTV

Case Briefs High Court Round Up Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

6 Legal Stories of the Week: From High Courts to Tribunals

Some of the interesting legal stories from Week 2 of January 2022 Competition Commission of India (CCI) 1. Is Google abusing dominant

Case Briefs District Court

Daughter-in-law accuses father-in-law of offence under S. 138 NI Act. Here’s the detailed account of whether father-in-law gave the cheque to daughter-in-law or was it taken without his knowledge || Saket District Court decides

Saket District Court, Delhi: Sonam Singh, MM (NI Act) acquitted the accused who was charged with an offence under Section 138 of

Case Briefs High Courts

HP HC | Compassionate appointment is not a matter of right but subject to policy changes; appointment rightly rejected to son as mother is already employed with PWD

Himachal Pradesh High Court: A Division Bench of Sabina and Satyen Vaidya JJ. dismissed the petition on grounds of non-interference. The facts

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Twitter, Telegram and the tattered chances-Illicit act of swindlers recommending stock tips on social media; Tribunal acts immediately

Securities Exchange Board of India (SEBI): SK Mohanty, Whole Time Member, while acting immediately on the matter, was of the opinion that

Case Briefs High Courts

Law on S. 498-A IPC | Can an alleged girlfriend be arrayed as an accused in a crime registered under S. 498-A IPC? Bom HC reiterates SC’s observation

Bombay High Court: The Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., reiterated that an alleged girlfriend cannot be arrayed

Legal RoundUp SCC Times Newsflash WATCH NOW

SCC Online Weekly Rewind Episode 44 ft. Devika Sharma

Top Story PM Modi Security Lapse: SC asks P&H HC to ‘secure and preserve’ all records relating to PM’s Punjab tour After

Op Eds OP. ED.

Payment of Stamp Duty vis-à-vis Resolution Plan under Insolvency and Bankruptcy Code, 2016

by Swarnendu Chatterjee† and Simran Bais††

Case Briefs District Court

Dishonour of Cheque occurring when parties entered in an illegal and void agreement: Can Court still take cognizance in S. 138 NI Act complaint? Dwarka Court decides

Dwarka Court, New Delhi: Shipra Dhankar, MM (NI Act) on noting that the dishonour of cheque occurred in consequence of an illegal

Case Briefs High Courts

Son-in-law inflicts injury with axe on mother-in-law and wife, Challenges conviction under S. 307 IPC: Del HC revisits law while refusing to interfere

Delhi High Court: While addressing a matter wherein a person was convicted under Section 307 of Penal Code, 1860, Mukta Gupta, J.,

Case Briefs High Courts

False promise of marriage to satisfy lust, leading to offence of cheating and rape?: Bom HC refuses to quash FIR for offences under Ss. 376, 417 IPC

Bombay High Court: The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ., refused to exercise jurisdiction under Section 482 CrPC for