Case Briefs Archives | Page 444 of 914

Sikk HC | Court issues directions in PIL filed complaining Army personnel locking army area and barring residents from using footpath

Sikkim High Court: The Division Bench of Biswanath Sommader, CJ. and Meenakshi Madan Rai, J., decided on a petition which had been

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Where lesser age is recorded in school certificate than the actual age; correct date of birth will be the one recorded by the parents in service records

Armed Forces Tribunal: Resolving a date of birth related controversy, the Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay

Case Briefs Supreme Court

IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”

Case Briefs High Courts

Sikk HC | Second appeal is maintainable if only the case involves a substantial question of law; Court dismisses appeal

Sikkim High Court: Bhaskar Raj Pradhan, J., dismissed the second appeal explaining that the second appeal is maintainable before the High Court

Case Briefs High Courts

Pat HC | Can a person be convicted for murder solely on the evidence gathered by the police sniffer dog? Court answers

Patna High Court: Noticing discrepancies in the Trial the Division Bench of Ashwani Kumar Singh and Anil Kumar Sinha, JJ., acquitted a

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether refund claim under R. 5 of CCR can be rejected on the ground that appellant did not debit amount of refund claimed at the time of filing refund claim, but have debited such amount subsequent to the filing of refund claim but before adjudication?

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal which was filed bearing the issue as

Case Briefs High Courts

Ker HC | “There is gulf of difference between consent and submission”; HC affirms conviction of person accused of raping his own daughter

Kerala High Court: R. Narayana Pisharadi, J., confirmed the conviction of person accused of raping his own daughter. Rejecting the defence that

Case Briefs Supreme Court

Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC

Supreme Court: In a major development in the Gauri Lankesh murder case, the bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,

Case Briefs District Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Case Briefs High Courts

Pat HC | “Whether the firm was a partnership or proprietorship would be answered by way of a declaration in a proper constituted suit”; HC dismisses appeal seeking misguided relief

Patna High Court: The Division Bench of Sanjay Karol, CJ., and S. Kumar, J., denied to entertain an intra-court appeal against the

Case Briefs High Courts

Tri HC | Special Investigation Team constituted to conduct fair investigation in case of mob lynch of ST member; Court issues directions

Tripura High Court: The Division Bench of Akil Kureshi, CJ and S.G. Chattopadyay, J., decided in a petition which was filed by

Case Briefs High Courts

Ori HC | Whether the Commissioner/Director, Consolidation can entertain the petition at any point of time, where no period of limitation has been prescribed for invoking jurisdiction under S. 37 of the OCH & PFL Act?

Orissa High Court: A Division Bench of S K Mishra and Savitri Ratho, JJ., answered both the questions posed before it elaborately.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

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

Case Briefs Supreme Court

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”

Case Briefs High Courts

Ori HC | Whether Proviso to Sub-Section (5) of S. 43 of Real Estate (Regulation and Development) Act, 2016 is ultravires of Constitution of India? HC denies

Orissa High Court: A Division Bench of S.K. Mishra and Savitri Ratho, JJ., dismissed the petition being devoid of merits. The instant

Case Briefs High Courts

Law on Discharge of Accused: Read why Bom HC refused to discharge Income Tax Officer accused of demanding bribe

Bombay High Court: Sandeep K. Shinde, J., refused to discharge an Income Tax Officer from charges under the Prevention of Corruption Act.

Case Briefs Supreme Court

Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court

Framing of any scheme is no function of the Court and is the sole prerogative of the Government.

Case Briefs High Courts

P&H HC| Whether derogatory remarks made during private conversation would attract provisions of SC & ST Act? Can a stranger to dispute invoke provisions of the Act?

“No FIR under SC&ST Act (can) be registered at the instance of third party, unless an opinion is sought from the District Attorney (Legal) that the complainant falls within the definition of victim as per SC&ST Act.”

Case Briefs High Courts

Utt HC │Article 21 is very precious fundamental right and should be curtailed only when it becomes imperative; Court grants anticipatory bail

Uttaranchal High Court: Alok Kumar Verma, J., allowed an application for anticipatory bail which was filed in connection with FIR registered for

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT| When subjective satisfaction of dispensing with the inquiry is not supported by any independent material, dispensing with holding the inquiry would be illegal

“If a preliminary inquiry could be conducted, there may not be any reason as to why formal departmental inquiry could not have been initiated against the delinquent.”