law Archives

If an advocate has appeared for a party in judicial or quasi-judicial capacity or even as a mediator, Can Court injunct him from appearing to maintain stream of justice? Del HC expounds in clear worded decision

Delhi High Court: While expressing its opinion on the position of an advocate in law, C. Hari Shankar, J., expressed that, There

Case Briefs High Courts

Saga of Harshad S. Mehta | Shares of a person held by ‘Custodian’ on a mere basis of a communication by Harshad Mehta: Widow of deceased person reaches Court | Read detailed report

Special Court, Bombay High Court: The Special Court (Trial of Offences Relating to Transfer of Securities Act, 1992) of A.K. Menon, J.,

Case Briefs High Courts

Scope of interference by HC under Art. 227 of Constitution of India: Can an interlocutory order of a Commercial Court be challenged in High Court? Del HC explains

Delhi High Court: Amit Bansal, J., decided under whether the High Court under Article 227 of the Constitution of India can interfere

Case Briefs High Courts

Importance of ‘consideration’ cannot be belittled: Del HC explains the significance of consideration in enforceability of an ‘Agreement’

Delhi High Court: “It is the consideration which puts enforceability in the agreements to make promises legally binding”, Asha Menon, J., stated

Case Briefs High Courts

[Honour Killing] ‘Could have cut off relations, instead opted to commit cold blooded murder’: Bom HC upholds death penalty of brother for pre-planned murder of sister and lover

Bombay High Court: Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., addressed a case of ‘Honour Killing’ by a brother

Case Briefs High Courts

Daughter receiving presents from parents during her marriage, will be covered under ‘Dowry’? Ker HC explains in light of provision which prohibits ‘giving or taking of dowry’

Kerala High Court: M.R. Anitha, J., decided whether gifts given to the bride during marriage by parents be covered under ‘Dowry’ or

Case Briefs High Courts

Clarified | Difference between ‘FIR’ & ‘Zero FIR’: Woman alleged to have been kept as a hostage and repetitively raped, approached police station but PS GTB Enclave denied filing an FIR || Read Del HC’s decision

Delhi High Court: Subramonium Prasad, J., expressed that, “…it is unfortunate that institutions that are supposed to protect the life and liberty

Case Briefs High Courts

Woman commits suicide due to alleged illicit relationship of husband; mother registers case but seeks to withdraw stating she had lodged report under ‘rage’ | Bom HC Demystifies

Bombay High Court: Division Bench of M.S. Sonal and Pushpa V. Ganediwala, JJ., quashed the charges of abetment of suicide and other offences

Case Briefs High Courts

For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides

Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording

Case Briefs Tribunals/Commissions/Regulatory Bodies

Completion Certificate issued prior to commencement of The Real Estate (Regulation and Development) Act, 2016: Will buyer’s case be maintainable? Read on

Odisha Real Estate Regulatory Authority, Bhubaneswar: Siddhanta Das, Chairperson, Pradeep Kumar Biswal, Member – I and Ramanath Panda, Member – II held

Op Eds OP. ED.

Compulsory ADR and Mediation in a Post-Pandemic World

by Muthupandi Ganesan*

Case Briefs High Courts

Stamp Duty correctly payable on instruments typical in Redevelopment Projects: Bom HC to decide

Bombay High Court: The Division Bench of G.S. Patel and Madhav J. Jamdar, JJ., considered petitions which raised questions about the interpretation

Case Briefs High Courts

Ker HC | Husband harasses wife, portrays her as a psychiatric patient; HC slams Child Right Commission for directing psychiatric treatment of wife without any medical assessment

Kerala High Court: The Division Bench of K.Vinod Chandran and C.Jayachandran, JJ., slammed the Kerala State Commission for Child Rights for directing

Case Briefs District Court

Daughter of a coparcener will also be a coparcener in Hindu Undivided Property? Tis Hazari Courts decides where father died before coming into force of 2005 Amendment to S. 6

Tis Hazari Courts, Delhi: Kirandeep Kaur, Civil Judge – 05, discussed the legal position on a coparcener’s daughter also being a coparcener

Case Briefs High Courts

Daughters as Co-parceners | S. 6 of Hindu Succession Act prevails over S. 29-A inserted by Maharashtra Amendment; wasn’t necessary for Parliament to repeal S. 29-A: Bom HC

Bombay High Court, Bench at Aurangabad: Vibha Kankanwadi, J., while addressing a matter revolving around the property, observed that, Article 254 of

Case Briefs High Courts

Man in detention without trial for almost 41 years, compensation granted: Cal HC

Calcutta High Court: The Division Bench of Prakash Shrivastava, CJ and Rajarshi Bharadwaj, J., awarded compensation to a person who was remained

Case Briefs High Courts

False promise of marriage | Can mere failure to keep a promise without anything more lead to irresistible conclusion that promise had been dishonestly made from inception? Cal HC decides

Calcutta High Court: While addressing a matter under Section 376 of Penal Code, 1860 Division Bench of Joymalya Bagchi and Bivas Pattanayak,

Case Briefs High Courts

Does S. 327(2) CrPC providing for “in camera” proceedings apply to appeals? Bom HC decides while rejecting Tarun Tejpal’s application

Bombay High Court at Goa: A Division Bench of Revati Mohite Dere and M.S. Jawalkar, JJ. rejected Tarun Tejpal’s plea to conduct

Case Briefs High Courts

Can Judge sift and weigh evidence at stage of framing of charges? For what purpose? Bom HC considers while refusing to discharge accused

Bombay High Court: Sandeep K. Shinde, J., dismissed a revision petition filed against the order of the lower court refusing to discharge

Cases Reported SCC Weekly

2021 SCC Vol. 8 Part 3

Criminal Procedure Code, 1973 — S. 156(3) and Ss. 200 to 204 and S. 438: Power of Magistrate under S. 156(3) to