Legal Updates Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will compensation paid by an employee to an employer for resigning from service without giving requisite notice, fall under taxable service? CESTAT decodes

Customs, Excise & Service Tax Appellate Tribunal, Bangalore (CESTAT): The Coram of S.K. Mohanty (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs High Courts

If there is a delay in payment of gratuity, whether interest on delayed gratuity will be mandatory or discretionary? Guj HC decides

Gujarat High Court: Biren Vaishnav, J., reiterated that, interest on delayed payment of gratuity is mandatory and not discretionary. The petitioner had

Case Briefs High Courts

When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC

Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible

Case Briefs High Courts

Statement that Kashmir is under occupation of armed forces and people of Kashmir reduced to slaves, will be protected under Right to Freedom of Speech and Expression?J&K and Ladakh HC answers

Jammu and Kashmir and Ladakh High Court: Stating that, the intention of a person can be gathered from the words spoken or

Cases Reported SCC Weekly

2022 SCC Vol. 3 Part 4

In Part 4 of 2022 SCC Volume 3, read some very pertinent Supreme Court decisions, involving aspects regarding reservation, accountability of social

Case Briefs District Court

Is it possible for a husband to suddenly become devoid of all income sources when asked to provide maintenance to his wife? Saket Court elaborates

Saket Courts, Delhi: While addressing a maintenance matter, Anuj Agrawal, Additional Sessions Judge-05, expressed that, it can not be believed that a

Case Briefs High Courts

Visits of sundry family members to matrimonial home, without permanency or intention to treat premises as a shared household: Would it render family members as members of shared household? Del HC elaborates

Delhi High Court: Prateek Jalan, J., addressed the issue of whether visits of sundry family members to the matrimonial home, without permanency

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether expenditure incurred on replacements of old truck bodies will be treated as revenue expenditure? ITAT answers

Income Tax Appellate Tribunal, Kolkata: The Bench of Sonjoy Sarma (Judicial member) and Rajesh Kumar (Accountant Member) held that the expenditure incurred

Case Briefs High Courts

Levy of Liquidated Damages | If a contract comprises, several components awarded to different contractors, would it be inapposite to blame contractor that was last in completing work for loss suffered on account of delay in completing Project? Del HC answers

Delhi High Court: While reiterating the law on award of liquidated damages, Vibhu Bakhru, J., expressed that, where a contract comprises, several

Case Briefs High Courts

Can legal heir of deceased employee be granted compassionate appointment, who took voluntary retirement due to being medically unfit? Bom HC decides

Bombay High Court: Ravindra V. Ghuge, J., decides a matter as to whether the benefit of compassionate appointment can be granted to

Case Briefs High Courts

Declaration of reciting religious verses at someone’s residence: Act of breaching personal liberty of another person? Bom HC elaborates

Bombay High Court: Stating that, “Great power comes with greater responsibility”, the Division Bench of Prasanna B. Varale and S.M. Modak, JJ.,

Case Briefs High Courts

Son not expected to brand his aged father a ‘swindler’ or allege that aged parents have lost mental balance: Bom HC

Bombay High Court: In a matter wherein, the parents sought eviction of their son, Rohit B. Deo, J., expressed that, “In the

Case Briefs High Courts

Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains

Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding

Case Briefs High Courts

Whether absence of rule of law or utter disregard for the same propels a country towards inevitable ruin? Del HC throws light

Delhi High Court: Expressing that, attempts to circumvent or undermine judicial decisions need to be viewed seriously in order to ensure that

Case Briefs High Courts

If an assessee under stress of investigation, signs a statement admitting tax liability and makes a few payments, can it lead to self-ascertainment? Madras HC explains

Madras High Court: Dr Anita Sumanth, J., expressed that with the inception of Section 74(5)of GST Act, it is the case of

Case Briefs High Courts

For determining land acquisition compensation, market value, if any, specified in Stamp Act for registration of Sale Deed and/or Agreement of Sale has to be considered: Bom HC

Bombay High Court: The Division Bench of S.V. Gangapurwala and Vinay Joshi, JJ., expressed that only because 83% of the property for

Case Briefs High Courts

In the guise of applying makeup, a bridal make up artist alleged sexually assaulted several women: Can he be granted anticipatory bail? Kerala HC decides

Kerala High Court: Gopinath P., J., granted bail to the bridal make up artist who was alleged to have sexually assaulted several

Case Briefs High Courts

If service of an employee at his superannuation is less than ten years, then previous temporary or officiating service needed to be counted for qualifying service for pension: Bom HC

Bombay High Court: The Division Bench of R.D. Dhanuka and S.G. Mehare, JJ., expressed that, for condoning the interruption in service, the

Case Briefs High Courts

Rule of priority in favour of arbitrators is counterbalanced by Courts’ power to review existence and validity of arbitration agreement: Del HC

Delhi High Court: Mukta Gupta, J., expressed that the issue of whether in the absence of a third party, the refundable security

Case Briefs High Courts

In a suit for partition, the heads of all the branches are necessary parties: Bom HC

Bombay High Court: Mangesh S. Patil, J., decided on the following questions for consideration: Whether in a suit for partition and possession