law Archives

Del HC | Does Exception 3 to S. 28 of Contract Act deal with claim period within which beneficiary is entitled to lodge claim? Court discusses

Delhi High Court: Jayant Nath, J., held that, Exception 3 to Section 28 of the Contract Act deals with curtailment of the

Op Eds OP. ED.

Recognition and Enforcement of Foreign Arbitral Award in India: In Search of a Formidable Shore

by Kumar Sumit* and Avani Tiwari**

Case Briefs High Courts

P&H HC | “Right to Privacy cannot be raised to create a bubble to scuttle investigation”; HC holds direction to give voice samples is not contrary to Art. 20(3)

Punjab and Haryana High Court: Avneesh Jhingan, J., while answering the question as to whether compelling an accused to give voice samples

Case Briefs High Courts

Kar HC | “The best thermometer to the progress of a nation is its treatment of its women” Court quoted Swami Vivekananda and Bhagavad Gita while confirming sentence of acid attack accused

Karnataka High Court: A Division Bench of B. Veerappa and V. Srishananda, JJ., allowed the appeal in part and confirmed impugned judgment

Case Briefs Supreme Court

Letter of Intent merely indicates party’s intention to enter into contract; no binding relationship at this stage emerges: SC explains in terms of liability of successful bidder

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. reiterated that a Letter of Intent merely indicates a

Case Briefs High Courts

Pat HC | “Docket of Court is now choked solely on account of such legislation”; HC passes strict directives to complete proceedings under Bihar Prohibition & Excise Act within 90 days

Patna High Court: The Division Bench of Sanjay Karol, CJ., and S. Kumar, J., passed strict directives to complete proceedings under Section

Case Briefs High Courts

Madras HC | Will procedure laid down under S. 199(2) CrPC for defamation apply on a defamatory statement made in personal nature? HC explains

Madras High Court: V. Bhavani Subbaroyan, J., while addressing the allegations of defamation, held that, While printing and publishing matters with regard

Case Briefs High Courts

Ori HC | PIL filed for effective treatment and eradication of leprosy from the State; SC directions reiterated and new directions laid for State

Orissa High Court: A Division Bench of S. Muralidhar, CJ and S.K. Panigrahi, J., directed to ascertain the actual living conditions and

Case Briefs High Courts

Guj HC | Even FR’s are subject to public order, morality and health; Court dismisses petition, Parsees denied permission to perform last rites as per religious practice

Gujarat High Court: The Division Bench of Bela M. Trivedi and Bhargav D. Karia, JJ., dismissed a petition which was filed with

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Personal Guarantor not liable to be prosecuted under S. 95 IBC where corporate debtor concerned is not under corporate insolvency resolution process

National Company Law Tribunal, Mumbai: Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member dismissed an interlocutory application filed

Case Briefs Supreme Court

Compounding of offence under S. 24-A of SEBI Act: SC declares SEBI’s consent not mandatory but high deference to its view must be shown before ultimate decision

Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. declared that SEBI’s consent is not mandatory for compounding

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | In case a medical practitioner chooses to follow one procedure instead of another, which turned out to be a failure, Can the said act be negligent? Read on

National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) while addressing an allegation of medical negligence, remarked that, At times,

Case Briefs High Courts

Children living in parents’ house are at best licensees: Cal HC says senior citizens’ exclusive residentiary rights to be viewed from prism of Art. 21

Calcutta High Court: Rajasekhar Mantha, J., held that, To compel a senior citizen to approach either a civil court (the jurisdiction of

Case Briefs Supreme Court

AGR Dues | SC rejects Telecom Service Providers’ application for rectification of errors in calculation of AGR dues as misconceived

Supreme Court: A 3-Judge Bench of L. Nageswara Rao, S. Abdul Nazeer and M.R. Shah, JJ. dismissed a batch of miscellaneous applications

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Whether there was bona fide delay in commissioning the solar power project? Tribunal answers

Appellate Tribunal for Electricity (APTEL): The Coram of Manjula Chellur (Chairperson) and Ravindra Kumar Verma, Technical Member (Electricity) allowed an appeal which

Case Briefs High Courts

[Custodial Death] Utt HC | Fair investigation and fair trial are necessary ingredients of right to life; Court orders transfer in the case of custodial death to CBI

Uttaranchal High Court: Ravindra Maithani, J., decided on a petition which was filed seeking transfer of investigation in the case arising out

Case Briefs Supreme Court

Will a subsequent purchaser who steps into the shoes of an original allottee of a housing project have the same rights as that of the original allottee? SC explains

Supreme Court: The Bench of Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat, JJ., while giving major relief to homebuyers, held

Case Briefs High Courts

[Compassionate Appointment] Raj HC | Denial of compassionate appointment on fathering third child? Court analyzes Rules of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant

Rajasthan High Court: Dinesh Mehta, J., dismissed a petition which was filed aggrieved by the denial of compassionate appointment by communication dated

Case Briefs Supreme Court

Are Courts empowered to grant time to rectify defects in plaint where the plaint had been rejected under Or. 7 R. 11(d)? SC clarifies

Supreme Court: The Division Bench of Dhananjaya Y Chandrachud* and M R Shah, JJ., affirmed the judgment of Bombay High Court wherein

Case Briefs High Courts

Does a forfeiture clause imply that the entire deposit amount can be forfeited? Madras HC elaborates

Madras High Court: Sanjib Banerjee, J., addressed whether this Court is the appropriate forum to decide the quantum that can be forfeited