Case Briefs Archives | Page 375 of 914

Long co-habiting couple’s child cannot be disentitled from family property in absence of proof against presumption of marriage: Supreme Court

“Law leans in favour of legitimacy and frowns upon the bastardy.”

MP HC │ Not obligatory for the Court to entertain writ petition when efficacious alternative remedy is available

Madhya Pradesh High Court: The Division Bench of Sujoy Paul and Prakash Chandra Gupta, JJ., disposed of a petition reserving liberty to

Case Briefs Foreign Courts

Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society

Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously

Case Briefs Supreme Court

Psychiatric & Psychological Evaluation of death row convicts| Supreme Court mandates call for mental health report before pronouncing death sentence

“Implicit in this shift is the understanding that the criminal is not a product of only their own decisions, but also a product of the state and society’s failing, which is what entitles the accused to a chance of reformation.”

Case Briefs High Courts

Bom HC │Whether the compensation granted under chapter X of Motor Vehicle Act forfeits the right of the employee to claim compensation under S. 3 of the Employees Compensation Act?

Bombay High Court: S.G. Mehare, J. allowed an appeal against the order passed by the Commissioner for Workmen’s Compensation and Judge Labour

Case Briefs High Courts

A suit cannot be summarily decreed until the claim stands duly proved; Mad HC analyses Rules of Evidence Vis a Vis Order XIII A CPC

Madras High Court: Senthil Kumar Ramamoorthy, J. remarked that a suit cannot be summarily decreed at the instance of a plaintiff unless

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether the credit availed by bank on service tax paid for insuring deposits, eligible for CENVAT Credit or not? CESTAT answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The coram of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs High Courts

All HC │[Manual Scavenging] SOPs and other beneficial schemes will not serve its objectives unless the workers are educated of their rights and entitlements; Suo Motu Action initiated

Allahabad High Court: The Division Bench of Manoj Kumar Gupta and Chandra Kumar Rai, JJ., in compliance of previous order of the

Case Briefs High Courts

Guj HC │ Custody of the minor with the maternal grand-parents does not amount to illegal confinement; Petition by father dismissed

Gujarat High Court: The Division Bench Vipul M. Pancholi and Rajendra M. Sareen, JJ., dismissed a petition filed by the father under

Case Briefs Supreme Court

SC steps in after Orissa HC sits on a blind man’s bail plea in a Ponzi scheme case for 2 years after reserving order in 2020; Issues notice to CBI, ED

Supreme Court: The vacation bench of AS Bopanna and Vikram Nath, JJ has issued notice returnable in 3 weeks in the matter

Case Briefs High Courts

Del HC sets aside assessment notice sent under S. 148 Income Tax Act, 1961 to a dead person for being null and void

Delhi High Court: A Division Bench of Jyoti Singh and Anoop Kumar Mendiratta, JJ. sets aside notices sent to a deceased assessee

Case Briefs High Courts

Mad HC pulls up on social media intermediaries regarding blocking channels in case of policy violation; Cancels bail granted to a Youtuber

Madras High Court: B. Pugalendhi, J. cancelled the bail of a Youtuber who made derogatory remarks as against the former Chief Minister

Case Briefs District Court

Can charges under S. 138 of NI Act sustain in case of non-compliance with the clauses of a Non-competing Agreement? Tis Hazari Court elucidates

Tis Hazari Court, Delhi: While deciding the instant complaint filed under S. 138 of Negotiable Instruments Act, 1881, wherein the dispute revolved

Case Briefs High Courts

All HC │ Transfer order of Central Bank of India employee quashed considering 100% disability of wife

Allahabad High Court: Rajesh Singh Chauhan, J. allowed a petition which was filed assailing order dated 16-04-2022 passed by the opposite party

Case Briefs High Courts

Del HC | Non-examination of a 4-year-old victim immaterial when scientific and circumstantial evidence prove the guilt of the accused

Delhi High Court: A Division Bench of Mukta Gupta and Mini Pushkarna, JJ. upheld the impugned conviction order considering the accused has

Case Briefs High Courts

MP HC │ Court finds rape charges “vexatious and frivolous “; FIR quashed after delay of 18 years to file a case

Madhya Pradesh High Court: Anand Pathak, J. allowed a petition which was preferred under Section 482 of Code of Criminal Procedure seeking

Case Briefs High Courts

Does advertisement issued in a newspaper with barely any circulation affect fair opportunity to candidates? All HC answers

Allahabad High Court: The Division Bench of Rajesh Bindal, CJ. and J.J. Munir, J. dismissed an appeal which was filed against the

Case Briefs High Courts

Cal HC │ Reasonable opportunity should be granted to the assessee to produce the document impacting tax liability

Calcutta High Court: The Division Bench of Debangsu Basak and Bibhas Ranjan De, JJ. disposed of a appeal which was directed against

Case Briefs Tribunals/Commissions/Regulatory Bodies

Major setback to Amazon as NCLAT upholds CCI’s decision to impose Rs. 200 crore penalty vis-a-vis the Amazon-Future Deal

National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Amazon.com NV Investment Holdings LLC challenging the order passed

Case Briefs Supreme Court

Dishonour of cheque| Partner cannot be held to be vicariously liable when partnership firm is not tried as primary offender: SC

Supreme Court: Explaining the law on vicarious liability under the Negotiable Instruments Act, 1881, the bench of Ajay Rastogi and Sanjiv Khanna*,