Case Briefs Archives | Page 509 of 914

Appointment of Government official as Election Commissioner “a mockery of the constitutional mandate”; ECs must be independent: Supreme Court

“All State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”

Case Briefs High Courts

Ker HC | Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 challenged; HC restrains State from taking any coercive action for non-compliance of Part III of the impugned Rules

Kerala High Court: P.V. Asha, J., addressed the instant petition pertaining to controversial Information Technology (Intermediary Guidelines and Digital Media Ethics Code)

Case Briefs High Courts

Jhar HC | Will a person claiming to be 41 years 11 months and 30 days of age be qualified for a post which prescribes upper age limit of 42 years? HC explains

Jharkhand High Court: Sanjay Kumar Dwivedi, J., heard the instant petition whereby the petitioner had requested for quashing the order dated 05-12-2018

Case Briefs Supreme Court

Explained: Waiver| An intentional relinquishment of a right; an agreement not to assert a right: Supreme Court

“Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege.”

Case Briefs Supreme Court

‘Commercial wisdom of Committee of Creditors is not to be interfered with’; Supreme Court sheds light on the limited scope of interference by NLAT/NCLAT

“The limited judicial review, which is available, can in no circumstance trespass upon a business decision arrived at by the majority of CoC.”

Case Briefs High Courts

Del HC | Whether disability of an appointing authority to appoint an arbitrator frustrate the arbitration agreement. HC unravels in light of Arbitration and Conciliation (Amendment) Act, 2015

Delhi High Court: Vibhu Bakhru, J., while addressing the matter in respect to the invocation of an arbitration clause expressed that: “…the

Case Briefs Supreme Court

Where one party habitually resides in a foreign country, arbitration becomes an international commercial arbitration even when the business is being carried through an office in India: SC

Supreme Court: The Division Bench of R.F. Nariman* and B.R. Gavai, JJ., addressed an important case regarding nature of arbitration under Arbitration

Case Briefs High Courts

HP HC | Whether a contractual woman employee is entitled to avail maternity leave in case of a surrogate child? HC analyses

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Sandeep Sharma JJ. allowed the petition. The facts of the

Case Briefs High Courts

All HC | During his lifetime, tenant enters into compromise with landlord and enjoys benefits thereof. After such tenant’s demise, can his legal heirs challenge the compromise? HC uncovers legal position

Allahabad High Court: Vivek Kumar Birla, J., expressed: “…a party cannot be permitted to blow hot – blow cold, where he knowingly

Case Briefs International Courts

CCJ | Whether a Magistrate in the Commonwealth of Dominica has jurisdiction to determine a charge of treating against a duly elected and sitting member of the House of Assembly, or it must be determined by High Court, by way of an election petition?

Caribbean Court of Justice: A Full Bench of Justice Saunders, Wit, Anderson, Rajnauth-Lee, Barrow and Jamadar dismissed the appeal being devoid of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Reagitating what is already recorded only because liberty was given for appeal, held absurd | Declines to entertain

National Company Law Tribunal (NCAT): A Coram of Justice A.I.S. Cheema (Judicial member) and Dr Alok Srivastava (Technical member) dismissed an appeal

Case Briefs High Courts

Pat HC points out apathy on the part of State regarding the non-existence of ladies toilet in Colleges; Constitutes a Committee to examine existing conditions

Patna High Court: The Division Bench of Sanjay Karol, CJ and S. Kumar, J., dealt with an issue of vital public importance

Case Briefs High Courts

Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge by the accused being held vicariously liable for offence committed by company? Explained

Delhi High Court: Rajnish Bhatnagar, J., held that: “Once a cheque is issued by a person, it must be honored and if

Case Briefs Supreme Court

“A classical case of how civil proceedings can be prolonged ad infinitum”, SC imposes costs of Rs. 1 lakh for dragging execution proceedings in an eviction case for 12 years

Supreme Court: The Division Bench comprising of Sanjay Kishan Kaul and R. Subhash Reddy, JJ., addressed the instant petition regarding landlord-tenant dispute,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Issuance of the cheque is indicative of acknowledgement of debt, even if returned dishonored

National Company Law Appellate Tribunal- A Coram of Anant Bijay Singh, J. (Judicial Member) and Shreesha Merla (Technical Member) dismissed an appeal

Case Briefs High Courts

All HC | If a minor girl marries a major of her freewill, will such marriage be void or voidable? Court explains while discussing validity of child marriage

Allahabad High Court: J.J. Munir, J., directed that the minor in the instant case who stated that she married the accused of

Case Briefs High Courts

MP HC | Litigation in the Court is not a “game of chess”; Court dismisses appeal stating serious suppression of facts

Madhya Pradesh High Court: The Division Bench of Sujoy Paul and Shailendra Shukla, JJ., dismissed a petition which was filed challenging the

Case Briefs High Courts

Ker HC | Dishonour of cheque shall be proved to the hilt; Adverse inference cannot be drawn under S. 138 of NI Act merely because evidence is not adduced to prove a negative fact

Kerala High Court: K. Haripal, J., addressed the instant complaint instituted by the appellant alleging offence punishable under Section 138 of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Adjudication on ‘changed circumstances’ not conducive to be treated as ‘review’ | Grants permission to lead secondary evidence

Special Court, CBI, Ghaziabad- The Court of Shivank Singh, Special Judicial Magistrate (CBI), allowed the application where permission to lead secondary evidence

Case Briefs High Courts

Guj HC | Court cannot undertake the activity of banking regulations upon itself and pass omnibus orders to come up with policy decision; Court dismisses appeal

Gujarat High Court: G.R. Udhwani, J., dismissed a petition wherein a mandate was sought to issue an order/ circular / instructions directing