law Archives

SCOTUS | Claims of Artwork by the heirs of Jewish Art dealers rejected. Why? Read discussion on Whether a country’s alleged taking of property from its own nationals fall within exception of Foreign Sovereign Immunities Act

Supreme Court of the United States: Roberts, CJ., while addressing a matter with regard to artworks obtained by Nazis from Jewish art

Case Briefs International Courts

“Penalising Silence”, insider trading suspect can refuse to answer incriminating questions; European Court of Justice upholds right to silence

European Court of Justice: The Grand Chamber presided by K. Lenaerts, President, addressed the reference question concerning interpretation of Articles 47 and

Case Briefs High Courts

Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542

Calcutta High Court: Sabyasachi Bhattacharya, J., reiterated the decision of Supreme Court in Embassy Property Developments (P) Ltd. v. State of Karnataka,

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Civil medical professionals are unaware of the demands of duties in forces.” Tribunal holds demand for medical check-up by civil doctors unsustainable

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard

Case Briefs District Court

#MeToo | MJ Akbar v. Priya Ramani: Woman has a right to put her grievance at any platform of her choice even after decades || No defamation case against Priya Ramani [Verdict]

“Sometimes the victim of sexual abuse herself does not understand what is happening to them or what is happening to them is wrong.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Insolvency process proceeded without ‘Demand Notice’ being served under S. 8 IBC due to change in ‘registered address’. Does Insolvency and Bankruptcy Code allow to proceed in such circumstances? Read on

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Venugopal M (Judicial Member) and Alok Srivastava (Technical Member) held that a

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Sympathy cannot substitute for conclusive evidence of medical negligence”: Can a doctor be liable for medical negligence even after performing his duty with reasonableness? Read

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the

Cases Reported SCC Weekly

2021 SCC Vol. 1 Part 2 | Installation of CCTV Cameras in Police Stations, Interest waiver on loan during moratorium and more

SCC Issue dated January 14, 2021 (Vol. 1 Part 2) Read the Supreme Court Judgment expertly analysed by our Editors directing States

Op Eds OP. ED.

Decriminalisation of Cheque Dishonour: A Step Forward

by Anunoy Basu* and Shounak Mukhopadhyay**

Case Briefs High Courts

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque

Case Briefs High Courts

Pat HC | “State is not free to act according to its own standard.” HC held termination of contract by State without mandatory notice is illegal

Patna High Court: Anil Kumar Upadhyay, J., addressed the instant petition challenging the termination of the contract by State on the ground

Op Eds OP. ED.

“Against the Corporate Debtor”- Ambiguity around Section 14(1) (a) of IBC

by Akhil Nene†

Case Briefs High Courts

Bom HC | Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed

Bombay High Court: The Division Bench of Sadhana S. Jadhav and N.J. Jamadar, JJ., while addressing the present matter, expressed that: Where

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a farmer suffers crop loss due to the usage of herbicides bought from a dealer or manufacturer of agri-inputs, can he claim a loss for crop damage? Read Commission’s reasoning

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member) dismissed the revision petition while upholding the State Commission’s order. Respondent/Complainant

Op Eds OP. ED.

Making a case of cartelisation

by Harshita Fatesaria†, Sakshi Saran Agarwal†† and Shourya Bhansali†††

Hot Off The Press News

Carry only Bare Acts, without notes: BCI says no books, notes, study material allowed in examination hall, AIBE XVI onwards

Bar Council of India has notified that AIBE XVI onwards — No books, notes or study material will be allowed in the

Case Briefs High Courts

Chh HC | Under what circumstances can ‘Anticipatory Bail’ be granted in light of the bar created under S. 18 of SC/ST Act; Appeal Allowed

Chhattisgarh High Court: Manindra Mohan Shrivastava J., granted anticipatory bail and set aside the impugned rejection order on the ground of patent

Case Briefs High Courts

Del HC | “Court has to cut through the web of pleas spun in the written statement”. When should a decree on admissions be passed in a property dispute? Read how the Court refused to allow abuse of its process

Delhi High Court: Rajiv Sahai Endlaw, J., passed a decree for recovery of possession in favour of the plaintiffs without a trial,

Case Briefs High Courts

Megh HC | Will a minor at the time of death of a deceased employee be entitled to claim compassionate appointment upon attaining majority? HC answers

Meghalaya High Court: H. S. Thangkhiew J., dismissed the writ petition being devoid of merits. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “We don’t agree that there is no stress and strain of service in military stations located in peace areas” Tribunal grants disability pension for hypertension

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard