Case Briefs Archives | Page 543 of 914

Kar HC | Adverse Inference to be drawn upon a party who fails to comply with a direction regarding production of documents in his custody; Petition rejected

Karnataka High Court: Krishna S. Dixit J rejected the writ petition being devoid of merits. The facts of the case are such

Case Briefs High Courts

J&K HC | Supervisory jurisdiction is to be exercised sparingly only in appropriate cases for purposes of keeping Subordinate courts and Tribunals within bounds of their authorities; Petition dismissed

Jammu and Kashmir High Court: Javed Iqbal Wani J., while dismissing the present petition, discusses the ambit and scope of Article 227

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Under Public Trust Doctrine, State has to act as trustee of water bodies; States/UTs directed to designate nodal agency for restoration of water bodies

National Green Tribunal (NGT): The Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Dr Stayawan Singh Garbyal

Case Briefs High Courts

Tri HC | What is the purpose of a serving a ‘Statutory Notice’ under Negotiable Instruments Act? Detailed analysis of significance of ‘Statutory Presumption’

Tripura High Court: S.G. Chattopadhyay, J., highlights the essence of the provisions of Negotiable Instruments Act, in light of the object of a

Case Briefs High Courts

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife

Case Briefs High Courts

P&H HC | Whether partners falling in sapinda prohibition under HMA can stay in a live-in relationship? Parties argue while hearing in anticipatory bail

Punjab and Haryana High Court: Arvind Singh Sangwan, J., observed that the marriage of first cousins is not permissible as per the prohibited

Case Briefs High Courts

Chh HC | Can an application for anticipatory bail under S. 438 CrPC be filed directly before the High Court? || Thorough Analysis

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and Gautam Chourdiya, JJ., observed that, Application for anticipatory bail under Section 438

Case Briefs Supreme Court

Can NSE realise withheld securities prior to expulsion or declaration of defaulter? SC discusses in detail

Supreme Court: In an elaborate judgment running into over 90 pages, the bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has discussed

Case Briefs High Courts

Del HC | Is making false allegation of impotency by wife against husband a ground for decree of divorce? Court determines

Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., refused to set aside the order of the trial court granting

Case Briefs High Courts

All HC | An order to protect life and liberty of petitioners from any threat arising from or being occasioned by their marriage – life & liberty being foundation of all freedoms guaranteed under Constitution; HC issues directions

Allahabad High Court: Saumitra Dayal Singh, J. decided on a writ petition which was filed praying for a direction the nature of

Case Briefs Foreign Courts

SL CoA | Respect for rule of law is the foundation of Constitution, settlement of IDPs who were displaced due to war in Sri Lanka needs to be done keeping in mind rule of law; Court partly allows appeal

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Janak De Silva and N. Bandula Karunarathna,

Case Briefs High Courts

HP HC | Whether ‘Appropriate Government’ can while exercising powers under S.10(1) of ID Act decline reference to Tribunal on the ground of delay, stale claim or faded/eclipsed dispute; larger bench to decide

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ., while deciding the present matter challenging

Case Briefs Supreme Court

Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it’s not an unusual event in long drawn out trials in India

Supreme Court: In a case dating back to 1999 where a married woman was found dead in her matrimonial home, the bench

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC decides whether disclosure of income tax returns and gross income of husband to his wife is permissible under RTI Act or not || Read the decision

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decided whether disclosure of income tax returns of the husband to wife under RTI

Case Briefs High Courts

All HC | Accident claim cases under MV Act whether governed by amended or unamended S. 166? Court determines

Allahabad High Court: Dr Kaushal Jyendra Thaker, J., decided an appeal with regard to the claim petition being filed beyond 6 months and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | ‘Lack of funds no excuse for State’s failure to maintain clean environment which is a fundamental right’: Govt. of HP directed to take remedial steps to contain pollution

National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Satyawan Singh Garbyal and Dr

Case Briefs High Courts

Jhar HC | Clarifying the scope of Para 5(1) of Schedule V to the Constitution, Court strikes down notification granting preferential treatment to residents of scheduled districts in matters of public employment

Jharkhand High Court: A Full Bench of H.C. Mishra, Shree Chandrashekhar and Deepak Roshan JJ., while deciding on the validity of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether an ‘Unsuccessful Resolution Applicant’ whose Resolution Plan gets rejected by CoC has locus to question implementation of approved Resolution Plan? NCLAT thoroughly determines

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Anant Bijay Singh (Judicial Member), Dr

Case Briefs Supreme Court

Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC

Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Third Party-Information in light of S. 11 of RTI Act & exemption of disclosure of information: Read Commission’s view

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) addressed the instant matter and highlighted the essence of provisions of Right To Information