law Archives

Political Rift? Bom HC decides on whether a “nominated councillor” of the Municipal Corporation of Greater Mumbai be inducted in Corporations’ Standing Committee? [Nominated Councillor v. Elected Councillor]

Bombay High Court: The Division Bench of Dipankar Datta, CJ and G.S. Kulkarni, J., noted that the trigger for the present petition

Case Briefs High Courts

All HC | Wife’s appeal against divorce decree withdrawn due to reconciliation and cohabitation with husband. Later, husband passed away. Is she entitled to maintenance under Hindu Adoptions & Maintenance Act? Read on

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., while setting aside a decree of divorce

Case Briefs High Courts

P&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation

Punjab and Haryana Case: Harnaresh Singh Gill, J., dismissed the instant petition filed for issuance of directions to Police officials to hand

Case Briefs High Courts

Bom HC | Father rapes minor daughter, but conviction under S. 376(2) (i) IPC set aside. Why? Read Court’s opinion in light of S. 164 CrPC || Detailed Report

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., while addressing the present matter expressed that: “…relationship

Case Briefs High Courts

[Telephone Tapping] Chh HC | Dismissal from service based on telephonic recorded conversation offends Art. 21 of Constitution of India

Chhattisgarh High Court: Gautam Bhaduri, J., held that proper opportunity of hearing shall be given and procedure of rules of natural justice

Case Briefs High Courts

Del HC | Is it within Court’s power to direct for further investigation on finding defects in the same? Death caused by suicide, Allegations of Dowry Death | Why FIR was registered after 10 months of deceased’s death? [Detailed Report]

Delhi High Court: Subramonium Prasad, J., expressed that: “Courts must not close its eyes to the fact that it is the victim

Case Briefs High Courts

Bom HC | Anil Deshmukh ‘prima facie’ committed cognizable offence, but No immediate FIR by CBI. Credibility of State machinery at stake: HC directs CBI to conclude preliminary investigation preferably within 15 days

“It is said that none can see time, but many a time, time makes us see many things hitherto before unseen. So true.”

─ Bombay High Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | R. 6(3) of CCR, 2004 applicable only to manufacturers who manufacture two classes of the goods i.e. non-exempted and exempted goods; Tribunal allows appeal sets aside interest and penalty

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the rejection of

Case Briefs High Courts

J&K HC | “Their engagement in private coaching invariably slows down their performance in the Government schools”; HC upholds the ban on private tuition by Government teachers

Jammu and Kashmir High Court: Sanjeev Kumar, J., heard the instant petition challenging the validity of circular No. CEO/K/Monitoring/20/14887-967 dated 21-11-2020, whereby

Case Briefs High Courts

[Custody of minor child] P&H HC | Welfare of minor is the paramount consideration to be kept in mind while appointing a guardian in regard to S. 17 of the Guardian Act r/w S. 13 of the Minority Act

Punjab and Haryana High Court: Sudhir Mittal J. sets aside the impugned order and directed the custody to the mother subject to

Case Briefs High Courts

Ker HC | “Their livelihood will be lost, if they fail to report back for duty”; HC directs Sessions Court to release passports of under-trial labours employed abroad

Kerala High Court: V.G. Arun, J., allowed the instant petition whereby the petitioners had sought for the issuance of directions to the

Case Briefs High Courts

Megh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides

Meghalaya High Court: W. Diengdoh, J., allowed a petition which was filed against the rejection order of the Chief Judicial Magistrate about

Case Briefs High Courts

MP HC | Prolonged pre-trial detention an anathema to the concept of liberty, Court allows bail application

Madhya Pradesh High Court: S.A. Dharmadhikari, J., allowed an application for bail which was filed for the fourth time, the first one

Case Briefs High Courts

Kar HC | ‘thou art weighed and found wanting’; Writ Court exercising limited supervisory jurisdiction under Art. 227 Constitution of India cannot run a race of opinions with the Court of impugned order

Karnataka High Court: Krishna S. Dixit, J. dismissed the petition being devoid of merits. Background The facts of the case are such

Case Briefs High Courts

Madras HC | Political parties should restrain from making serious allegations or criticism against constitutional functionaries

“…leaders of political parties should show their statesmanship and quality and healthy politics rather than accusing others by using vituperated language in political platform.”

Case Briefs High Courts

Chh HC | Application under Or. 9 R. 4 of CPC also attracts provisions under S. 24 of Hindu Marriage Act, 1955

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J. sets aside the impugned order and allowed the petition. The facts of the case

Case Briefs High Courts

Ker HC | “A teacher is not expected to file frivolous writ petition, motivated by personal animosity”; HC dismisses petition

Kerala High Court: V.G. Arun, J., dismissed the instant petition filed for seeking direction to the Police to conduct an investigation into

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Monopoly] CCI | State of Uttarakhand created monopolies by canalising liquor procurement || Detailed Order on Abuse of dominance by Uttarakhand Agricultural Produce Marketing Board denying market access to others

Competition Commission of India (CCI): The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi, (Members) expressed that:

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Fictitious firm, non-existent exports, forged documents, met echt results | Court sunders the ingredients of conspiracy, cheat, fraud, forgery and usage

Central Bureau of Investigation (CBI): The Court of Shivank Singh, Special Judicial Magistrate (CBI) while convicting the accused of the offences under

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | No entitlement of Cenvat credit on Outdoor catering service; Tribunal partly allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) partially allowed an appeal against the confirmation order of Commissioner