Case Briefs Archives | Page 542 of 914

Gau HC | In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be recovered from retirement benefits; law laid down by SC reiterated

Gauhati High Court: Achintya Malla Bujor Barua J., while reiterating the principle laid down by Supreme Court, with respect to calculation and

Case Briefs High Courts

All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers

Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Enterprise Resource Planning (ERP) does not attract service tax under the category of Management or Business Consultant Service; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case Briefs High Courts

AP HC | Extensive Analysis of Trade Marks Law: Can injunction be granted in case a trade mark falls under ambit of ‘Test of likelihood of confusion or deception’? Read more on Buyer Confusion

Andhra Pradesh High Court: R. Raghunandan Rao, J., addressed a matter wherein the law relating to Trade Mark and Passing off was highlighted

Case Briefs High Courts

Del HC | Is it lawful for a wife to agree to a settlement deed in the process of dissolving of marriage wherein she settles that her minor children will not claim maintenance in future? Court explains

Delhi High Court: Anu Malhotra, J., addressed a matter wherein the husband and wife reach a settlement and the wife agrees to

Case Briefs Supreme Court

2015 Guru Granth Sahib sacrilege| ‘No threat to the lives of accused or to fair trial’; SC refuses to transfer the trial outside Punjab

“The transfer of trial from one state to another would inevitably reflect on the credibility of the State’s judiciary. Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.”

Case Briefs High Courts

[Contractual Employment] Chh HC | Whether it is justified to limit the number of persons to be considered in view of the ‘requirement’ and ‘nature’ of recruitment? Appeal rejected

Chhattisgarh High Court: A Division Bench of P.R. Ramachandra Menon and Parth Prateem Sahu JJ., rejected the appeal finding no tenable ground

Case Briefs High Courts

[Freedom of Choice] Del HC | Woman who has attained majority age is free to reside wherever and with whomsoever she wishes to

Delhi High Court: The Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., addressed a petition wherein it was held that a girl

Case Briefs High Courts

Kar HC | Is it mandatory to file an affidavit for invocation of jurisdiction of Magistrate under S. 156(3) CrPC? Petition allowed partly

Karnataka High Court: John Michael Cunha J., allowed the petition partly stating that Section 156(3) CrPC applications are to be supported by

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Whether Resolution Professional is under obligation to make over payment of shortfall in gratuity payable to employees? NCLT examines

National Company Law Tribunal (NCLT): The Coram of Dr Deepti Mukesh (Judicial Member) and Sumita Purkayastha (Technical Member), reiterated that any shortfall in

Case Briefs High Courts

All HC | Fundamental principle of natural justice audi alteram partem cannot be violated; Court issues directions

Allahabad High Court: The Division Judge Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., disposed off a writ petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Calculation of Revenue found to be erroneous and high pitched; Tribunal allows appeal setting aside penalty S. 11AC read with R. 25 of Central Excise Rules

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs High Courts

Ker HC | Whether an order passed under Arbitration and Conciliation Act, 1996, by a Commercial Court, appealable under S.13(1) of Commercial Courts Act, 2015; HC determines

Kerala High Court: R.Narayana Pisharadi J., while allowing the statutory remedy of appeal, discussed the parallel application of provisions and the Court’s

Case Briefs Supreme Court

Govt sits over land for 33 years without authority. SC directs handing over of land to owners within 3 months; says such lawlessness cannot be condoned

“The courts’ role is to act as the guarantor and jealous protector of the people’s liberties: be they assured through the freedoms, and the right to equality and religion or cultural rights under Part III, or the right against deprivation, in any form, through any process other than law.”

Case Briefs High Courts

All HC | In case there is conviction of less than 5 persons for the offence of ‘Dacoity’, is it necessary to prove that 5 or more persons aided the crime? Court explains

Allahabad High Court: Saurabh Shyam Shamshery, J., while addressing a criminal appeal observed that “Conviction for “Dacoity” of less than five persons is

Case Briefs High Courts

All HC | Is reservation of registration numbers an exception to general rule of assignment of registration numbers? Law explained in light of MV Act provisions

Allahabad High Court: The Division Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., while addressing the matter with regard

Case Briefs Supreme Court

SC dismisses Tej Bahadur’s plea against rejection of his Nomination Papers to contest against PM Modi from Varanasi in 2019 Lok Sabha Polls

Ex-BSF Jawan Tej Bahadur’s nominations were rejected by the returning officer for want of a certificate to the effect that he has not been dismissed for corruption or disloyalty to the State.

Case Briefs High Courts

All HC | Right to choose partner irrespective of caste, creed, religion is integral part of right to life and personal liberty under Article 21

Allahabad High Court: The Division Bench of Pankaj Naqvi and Vivek Agarwal, JJ., observed that, Right to live with a person of his/her

Case Briefs High Courts

Chh HC | Order of conviction under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act reversed in appeal due to lack of clear evidence; Appeal allowed

Chhattisgarh High Court: Gautam Chourdiya J., allowed the appeal and reversed the impugned order due to lack of clear evidence. The facts