Case Briefs Archives | Page 533 of 914

Gau HC | [Service Law] Suspension order cannot continue beyond three months without filing of charge sheet against the alleged officer or employee; HC reiterates

Gauhati High Court: Manojit Bhuyan, J., while allowing the present petition, directed to reinstate the petitioner on and from the date when

Case Briefs High Courts

Bom HC | Whether separate earnings of a widow disentitle her from claiming compensation in a case of a vehicular accident? Read the interesting aspects: Whether remarriage, number of dependents, etc. will have an impact in claim petitions

Bombay High Court: S.M. Modak, J., dealt with some significant issues in a claim petition wherein a widow is earning and has

Case Briefs High Courts

HP HC | Creation or bifurcation of Gram Panchayat is essentially a policy matter, falling in the exclusive domain and jurisdiction of the State; Petition dismissed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Sandeep Sharma, JJ., while dismissing the present petition upon lack

Case Briefs High Courts

Bom HC | Is there any prohibition for possession of skin of dead animals under Maharashtra Animal Preservation Act, 1976? HC highlights the difference between animal ‘flesh’ and ‘skin’

Bombay High Court: The Division Bench of V.M. Deshpande and Anil S. Kilor, JJ., addressed the issue on whether there is any prohibition

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | The strategy of ‘momentum trading’ is about creating its own momentum inimical to the interest of the securities market and is violative of PFUTP regulations

Securities Appellate Tribunal (SAT):The Bench of Justice Tarun Agarwala (Presiding Officer), Justice M. T. Joshi and Dr C. K. G. Nair Member

Case Briefs High Courts

Read Calcutta HC’s decision on an adult woman’s choice to marry the person of her choice and convert to another religion

Calcutta High Court: The Division Bench of Sanjib Banerjee and Arijit Banerjee, JJ., observed that an adult woman is free to marry the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether R. 6(4) credit of capital goods admissible if the production and clearance of dutiable goods takes place within two years from the date of commencement of production; Tribunal explains while allowing the appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P. Anjani Kumar (Technical Member) allowed an

Case Briefs Supreme Court

“Open category is open to all”; SC directs appointment of OBC female candidates with higher marks than General Category female candidates as Constables by UP Police

“Any selection which results in candidates getting selected against Open/General category with less merit than the other available candidates will certainly be opposed to principles of equality.”

Case Briefs High Courts

Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | “Legal fees paid to a partnership firm of lawyers can indeed be subjected to levy of tax under Art. 12 of Indo-Japanese Tax Treaty”; Foreign Tax Credit allowed under the treaty

Income Tax Appellate Tribunal (ITAT), Mumbai: The Bench of Pramod Kumar (Vice President) and Pavan Kumar Gadale (Judicial Member) allows Foreign Tax Credit

Case Briefs High Courts

[NI Act]Kar HC | If the complainant produces evidence regarding the transaction as well as dishonour of cheque, is it still necessary to examine the banker to prove the endorsement issued by him? HC decides

Karnataka High Court: John Michael Cunha J., allowed the appeal and sets aside the impugned order. The case involves default under Section

Case Briefs High Courts

Madras HC | How can common citizens be expected to comply with Govt. orders when government servants themselves are not complying with the same? HC remarks

Madras High Court: The Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., while addressing the present matter, expressed that, If the

Case Briefs High Courts

Jhar HC | [Article 300-A] A person cannot be deprived of his property merely by executive fiat without any specific legal authority or without the support of law made by a competent legislature; Petition allowed

Jharkhand High Court: Rajesh Shankar, J., quashing the impugned letter, held, “The respondent 5 being an administrative/revenue Officer is supposed to know

Case Briefs High Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Case Briefs High Courts

Chh HC | Sentence reduced for offence punishable under S. 498 A IPC due to the sentence already undergone and having no criminal antecedent; Appeal allowed

Chhattisgarh High Court: Arvind Singh Chandel J., allowed the appeal and reduced the sentence to the period already undergone by the petitioner

Case Briefs Supreme Court

Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers

Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of

Case Briefs High Courts

P&H HC | Merely because two consenting adults get married to each other against wishes of their family members, they cannot be deprived of fundamental rights

Punjab and Haryana High Court: Alka Sarin, J., while addressing the present matter made an observation that: The alleged illegality of the marriage

Case Briefs High Courts

Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to

Case Briefs High Courts

J&K HC | Non-applicant cannot be convicted on the statement of co-accused recorded under S. 67 of the NDPS Act, 1985; Application dismissed

Jammu and Kashmir High Court: A Division Bench of Sanjay Dhar and Rajesh Bindal, JJ. while dismissing the present application seeking leave

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Cenvat Credit including Education Cess and SHE cess taken on R&D services entitled to be distributed; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P.V. Subba Rao (Technical Member) and P. Dinesha (Judicial Member) allowed