law Archives

J&K HC | Investigating agency to determine whether consent of prosecutrix to have sexual intercourse with petitioner was willing or it was obtained on account of false promise of marriage

Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present bail application, observed that given to the relationship shared between

Case Briefs High Courts

P&H HC | “Middlemen cannot be allowed to usurp hard-earned money of the Farmers”; Courts required to do substantial justice and not to let offenders go scot-free

Punjab and Haryana High Court: H.S. Madaan, J., while hearing the instant petition seeking pre-arrest bail, expressed concern regarding plight of farmers,

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Can enhancement be made when the same was not there in the reasons recorded for reopening the assessment? Tribunal answers

Income-tax Appellate Tribunal, New Delhi: Dealing with the issue of enhancement by CIT(A) which was never therein the reasons recorded for reopening

Case Briefs High Courts

All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses

Allahabad High Court: Dinesh Kumar Singh-I, J., while discussing abetment of suicide, stated that: “…if some act either of omission or commission

Case Briefs High Courts

Del HC | “Non-renewal cannot result in permanent disbarment”; Recognised Adoption Agency in Canada gets opportunity to apply afresh

Delhi High Court: Prathiba M. Singh, J., held that a Canadian Adoption Agency which was recognised for a very long period of

Case Briefs High Courts

Del HC | Penalty imposed on CPIOs for “changing stands” leading to apprehension of mala fides and unreasonable conduct; Elaborate principles laid down for exercise of power by CPIOs

Delhi High Court: Prathiba M. Singh, J., upheld that order of the Central Information Commission whereby a penalty of Rs 10000 was

Case Briefs Supreme Court

SC directs DU to declare Supplementary exam result & issue provisional degree to woman who fell short of attendance due to birth of her child & subsequent Teacher’s strike

Supreme Court: The 3-judge bench of SA Bobde, CJ, AS Bopanna and V. Ramasubramanian*, JJ has set aside the judgment of Delhi

Case Briefs High Courts

Bom HC | If Judges interfere in academic matters or step into other Organs of State, would that amount to Judicial Over-Reach? Court addresses

Bombay High Court: The Division Bench of Dipankar Datta, CJ and Ravindra V. Ghuge, J., while addressing a Public Interest Litigation held that

Case Briefs High Courts

Tri HC | A pending departmental inquiry is by itself a stigma and is attached with several adverse consequences; Court directs quashing of chargesheet and release of due payments

Tripura High Court: Akil Kureshi CJ., while directing respondents to release the due payments, observed that departmental proceedings cannot be kept pending

Case Briefs High Courts

Bom HC | “Opening zip of pants”, Does it NOT “fit in the definition of sexual assault” under POCSO Act? Bom HC says so

Bombay High Court: Pushpa V. Ganediwala, J., altered the conviction of the appellant who was accused of sexually assaulting a minor child

Case Briefs High Courts

Ker HC | Question of sale deed being null and void, emerging out of matrimonial relationship can be decided only by Family Court; HC states

Kerala High Court: T.V. Anilkumar, J., allowed the petition against the impugned order of Munsiff Court, thereby upholding the order of returning

Case Briefs Supreme Court

No sexual assault if no ‘skin to skin’ contact? Supreme Court stays Bombay High Court’s “dangerous precedent” on POCSO Act

Attorney General for India K. K. Venugopal brought to the Court’s notice that the Nagpur Bench of Bombay High Court has passed a judgment dated 19.01.2021 is likely to set “a dangerous precedent”.

Legislation Updates Notifications

Centre notifies Nationalised Banks (Management and Miscellaneous Provisions) Amendment Scheme, 2021

Central Government, after consultation with the Reserve Bank, hereby makes the following Scheme further to amend the Nationalised Banks (Management and Miscellaneous

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Whether a company purchasing commercial space for its office is “consumer” under Consumer Protection Act, 2019? Commission answers

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member), expressed that whether, for a particular purpose, a company is a ‘consumer’,

Case Briefs Supreme Court

“Right to property is still a constitutional right under Article 300A of the Constitution”; SC reminds in a case where State took possession of surplus land in absence of surplus land

“Right to property is still a constitutional right under Article 300A of the Constitution of India though not a fundamental right. The deprivation of the right can only be in accordance with the procedure established by law.”

Op Eds OP. ED.

Judicial Review over Speaker’s Inaction under the Tenth Schedule – Has the Controversy been Put to Rest

by Akshit Sachdeva*

Case Briefs High Courts

Del HC | ‘Dragging his feet only to harass’: Court quashes FIR in light of settlement deed arrived at before Delhi High Court Mediation and Conciliation Centre

Delhi High Court: Mukta Gupta, J., quashed an FIR on noticing that the matter was being dragged only with the purpose of

Cases Reported SCC Weekly

2020 SCC Vol. 10 Part 1

Arbitration and Conciliation Act, 1996 — Ss. 47 to 49 r/w S. 43 — Foreign award — Limitation period for filing application

Legislation Updates Statutes/Bills/Ordinances

Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021: Establishment of Rent Authority and Tribunals [Read Ordinance]

Governor of Uttar Pradesh promulgates the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 Purpose of the Ordinance: To establish Rent

Case Briefs High Courts

J&K HC | What is the extent of interference that the Court can exercise under Art. 226 while adjudicating a contractual matter? HC answers

Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition, discussed the scope of interference under Article 226 in