law Archives

[Strict Liability] Ori HC | Onus of proof, which lies on a party alleging negligence should be established on the touchstone of preponderance of probabilities

Orissa High Court: D Dash J. dismissed the appeal and held the appellants liable for compensation. The facts of the case are

Case Briefs High Courts

Del HC | What is the most crucial element to be determined while finding a person guilty under attempted culpable homicide – S. 308 IPC? Vegetable seller beaten up on failing to provide money for conducting business outside Okhla Sabzi Mandi

Delhi High Court: Subramonium Prasad, J., while addressing an issue with respect to culpable homicide expressed that: “…crucial to determine whether the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether place of providing service play any role in entitlement of Cenvat Credit? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) allowed an appeal which was filed against the denial order

Case Briefs High Courts

Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed

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

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a fund transfer is effected through net banking and due procedure is followed by the Bank for the transfer, Can the account holder allege deficiency of service and negligence on the Bank? Read on

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member) upheld the State Commission’s Order. Petitioner/Complainant who was an account holder of

Case Briefs Tribunals/Commissions/Regulatory Bodies

TDSAT | A dispute between two service providers may be maintainable even in absence of a subsisting agreement; Totality of facts to be considered

Telecom Disputes Settlement Appellate Tribunal (TDSAT): Justice Shiva Kirti Singh dismissed the petition being devoid of merits. Facts The facts of the

Case Briefs High Courts

Madras HC | Why Special DGP who has been alleged to have sexually harassed the Lady IPS Officer been placed under ‘Compulsory Wait’ instead of being suspended? Does compulsory wait attach any stigma to it?

Madras High Court: N. Anand Venkatesh, J., moving further in a matter wherein Court took suo motu cognizance with respect to the

Case Briefs High Courts

P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed the instant petition, whereby an inter-caste couple had approached the Court for

Case Briefs High Courts

Madras HC | Media and Political Parties restrained from indulging in any discussions on alleged sexual harassment of Lady IPS Officer – NO parallel ‘Media Trial’ || Restraint to continue

Madras High Court: N. Anand Venkatesh, J., while addressing the concern with respect to a very shocking incident wherein a Lady IPS

Case Briefs High Courts

J&K HC | When a CJM transfers a petition to a Magistrate subordinate to him, the Magistrate is conferred with jurisdiction to entertain the same even if the matter would otherwise fall outside his jurisdiction

Jammu and Kashmir High Court: Sanjay Dhar, J., addressed the instant petition against the order of Judicial Magistrate, Bandipora, whereby the Magistrate

Case Briefs High Courts

[Audi Alteram Partem] Raj HC | Whether complainant’s revision against dismissal of his complaint, can be decided without giving an opportunity of hearing to the accused petitioner? Court explains

Rajasthan High Court: Sanjeev Prakash Sharma, J., disposed of a petition which was filed against the order passed by the Additional Session

Case Briefs High Courts

Utt HC | Delay in providing information under RTI Act does not amount to penalty, if valid reasons for the delay are proved; Court sets aside the penalty

Uttaranchal High Court: Manoj Kumar Tiwari, J., partly allowed an appeal which was filed challenging an order passed by the State Information

Case Briefs High Courts

Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains

“Copyright Act gives a range of rights and privileges to the first owner of copyright without requiring prior registration.”

Case Briefs High Courts

Chh HC | Principles governing determination whether a transfer is a Benami transaction has been reiterated; Petition allowed

Chhattisgarh High Court: Rajendra Chandra Singh Samant J., allowed the petition and quashed the order. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On account of active and willful issuance of fake and bogus contract notes, stockbroker registration cancelled

Securities and Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member), while exercising powers conferred under Section 12(3) read with Section

Case Briefs High Courts

Del HC | How to prove unsoundness of mind in absence of medical records? When does presumption of being under influence arise? On whom lies burden of proof? Court answers while rejecting challenge to a Will

Delhi High Court: Rajiv Sahai EndLaw, J., while addressing a very significant issue revolving around ‘Will’ expressed that: Litigation in a Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Otherwise difficult to get for ‘real’, procured for ‘imaginary’ house: ‘Builder’, ‘bogus allottees’ and ‘sanctioners’ in trouble for loan | Issues summons

Special Court, CBI, Ghaziabad: The Court of Shivank Singh, Special Judicial Magistrate (CBI), issued summons against the builder for the alleged unapproved imaginary