Case Briefs Archives | Page 535 of 914

Kar HC | Interpreting the term ‘enquiry’ under S. 43A of Karnataka Panchayatraj Act 1993, Court lays strict emphasis on procedural compliance before any State Action of removal; Petition allowed

Karnataka High Court: A Division Bench of G. Narendar and M.I. Arun JJ., allowing the present petition, discussed the meaning, scope and

Case Briefs Supreme Court

After a suicide note made it to newspapers in a dowry death case, Supreme Court says ‘Selective leaks to media neither fair to accused nor to victims’

“To expect that the family of the deceased should be scouring the pages of the print and electronic media before reporting the crime is a mockery of the human condition.”

Case Briefs Supreme Court

Supreme Court refuses to interfere with Allahabad High Court’s order quashing Dr. Kafeel Khan’s detention

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has refused to interfere with Allahabad

Case Briefs Supreme Court

Farmers’ protest can continue peacefully without impediment. Supreme Court calls for constitution of a committee to resolve the issue

“Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order.”

Case Briefs High Courts

Del HC | Can absence of eyewitness in a sexual harassment incident detract complainant’s credibility before Internal Complaints Committee constituted at a workplace? HC explains

“…it is this gender conditioning that leads men to abuse, ill-treat or become violent towards women and TGs or treat them disparagingly and with condescension.”

Case Briefs High Courts

Gau HC | No blanket order of appointment can be passed in favour of any ‘Affected Candidate’ in terms of Rule 2(a) of the Assam Public Service (Preferential Appointment) Rules, 1999; HC clarifies

Gauhati High Court: Manojit Bhuyan J., simplifying the applicability of Rule 3 and Rule 4 of Assam Public Service (Preferential Appointment) Rules,

Case Briefs Supreme Court

Ola, Uber do not facilitate cartelization or anti-competitive practices between drivers, holds SC but says no to imposing “heavy cost” on the informant

“When the CCI performs inquisitorial, as opposed to adjudicatory functions, the doors of approaching the CCI and the appellate authority, i.e., the NCLAT, must be kept wide open in public interest.”

Case Briefs High Courts

Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides

Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs High Courts

Ker HC | [SARFAESI Act] Whether the State has better right in comparison to Banks and other Financial Institutions over secured assets for recovery of its dues; legal position reiterated

Kerala High Court: A.M. Badar J., allowing the present petition, quashes the attachment made by the State authorities to recover tax dues.

Case Briefs High Courts

All HC | In minor’s custody case, where child is below 5 years of age, mother is preferred, but is there any exception to it? Court explains

“Human affairs can never be disposed of by a rubber stamp approach or the application, virtually of mathematical formulae.”

Case Briefs Supreme Court

Activist with “an urge to positively contribute to the society” files plea u/s 482 CrPC seeking expedition of a criminal trial. ‘You have no locus standi’, holds SC

Supreme Court: The 3-judge bench of Ashok Bhushan*, R. Subhash Reddy and MR Shah, JJ has reiterated that an application by a

Case Briefs Supreme Court

‘Physically impossible for me to commit rape’, claims a one-handed man convicted for rape of a 6-year-old. SC says “there is no such impossibility”

Supreme Court: In a 20-year-old case relating to rape of a 6-year-old, the 3-judge bench of RF Nariman*, Navin Sinha and KM

Case Briefs Supreme Court

COVID-19| Financial disability of parents/guardians should not hinder education of children restored from Child Care Institutions; Supreme Court issues directions

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ has issued directions to ensure education of

Case Briefs High Courts

Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider

Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the

Case Briefs High Courts

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal

Case Briefs High Courts

Del HC | WhiteHat Jr Defamation Case: Aniruddha Malpani restrained from posting, publishing, sharing any content which is defamatory, derogatory or deprecatory in nature to White Hat Jr, its management or employee

Delhi High Court: Mukta Gupta, J., grants ad-interim injunction while restraining defendant from posting, publishing, sharing any content which is defamatory, derogatory or

Case Briefs Supreme Court

Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s how SC solved the conundrum on these competing interests

“Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a car is stolen while being insured but temporary registration of car expires, can Insurance company escape from its liability of indemnifying loss? Commission decides

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member), held that since the Insurance Company itself insured the complainant’s vehicle and the

Case Briefs High Courts

HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Amount already reversed before introduction of CGST Act 2017 entitled to be re-credited; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal filed against the impugned order wherein the