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Case Briefs

Case BriefsHigh Courts

Del HC | Is the liability of Principal Borrower and Guarantor co-extensive? Court reiterates SC’s position on continuation of SARFAESI proceedings against Guarantor by banks

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., considered the following question: Whether a bank/financial institution can institute

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Published on November 2, 2020November 6, 2020By Bhumika Indulia
Leave a comment6558 views
Case BriefsHigh Courts

[MV Accident Claims] All HC | What is liability of insurer in accident case of contributory as well as composite negligence; on whom lies burden of proof? Court extrapolates

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., directed the insurance company to indemnify the claimants of the deceased who died in an

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Published on November 2, 2020November 6, 2020By Bhumika Indulia
Leave a comment5980 views
Case BriefsHigh Courts

Ker HC | Any condition that requires petitioner to make a pre-deposit of any amount for invoking the arbitration would fall foul of the law declared by SC; Petition allowed

Kerala High Court: A.K. Jayasankaran J., allowed the present petition, clarifying the scope and ambit of powers to be exercised by Courts

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Published on November 2, 2020November 6, 2020By Editor_4
Leave a comment3638 views
Case BriefsHigh Courts

Bom HC | Can “cooling-off period” under S. 13-B(2) of Hindu Marriage Act be waived? Legal position discussed in a case of pregnant woman

Bombay High Court: Nitin W. Sambre, J., allowed an application seeking waiver of the cooling-off period on an urgent basis in light of

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Published on November 2, 2020November 6, 2020By Bhumika Indulia
Leave a comment6716 views
Case BriefsHigh Courts

Kar HC | Whether delay and latches be put against a person who approaches the Writ Court under Article 226 of the Constitution? HC determines

Karnataka High Court: S. G. Pandit J., rejected the petition on the ground of delay and latches. The facts of the case

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Published on November 2, 2020November 2, 2020By Editor_4
1 Comment6606 views
Case BriefsHigh Courts

Kar HC | Franklin Templeton and the provisionary application of SEBI Mutual Fund Regulations; Petition allowed with necessary directions

Karnataka High Court: A Division Bench of Abhay S. Oka CJ. and Ashok S.Kinagi J., while allowing the present writ petition held,

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Published on November 2, 2020November 12, 2020By Editor_4
Leave a comment2996 views
Case BriefsHigh Courts

[Practice & Procedure] Del HC | Presence of informant or person authorised obligatory while hearing application for bail to person accused under POCSO Act: Court extends Practice Direction to POCSO offences  

Delhi High Court: A Division Bench of G.S. Sistani and Anup Jairam Bhambhani, JJ., directed that the provisions of the Practice Direction

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Published on November 2, 2020November 6, 2020By Bhumika Indulia
Leave a comment4279 views
Case BriefsSupreme Court Roundups

Supreme Court Monthly Roundup – October 2020

TOP STORIES Domestic Violence| Wife can claim right to residence in shared household belonging to not just husband but also to his

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Published on November 1, 2020November 2, 2020By Prachi Bhardwaj
Leave a comment4702 views
Case BriefsSupreme Court

SC issues notice in plea seeking regulation of social media profile verification; minors’ access and circulation of obscene material. Read what the PIL states

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has issued notice in a PIL

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Published on October 31, 2020By Prachi Bhardwaj
Leave a comment5373 views
Case BriefsHigh Courts

P&H HC| Newly married lawyer keeps ‘Doli’ ceremony on hold to appear for his client. His commitment doesn’t go unnoticed

Punjab & Haryana High Court: In an interesting order, Arun Monga, J acknowledged a lawyer’s commitment towards discharging his duty to his

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Published on October 31, 2020October 31, 2020By Prachi Bhardwaj
Leave a comment2399 views
Case BriefsHigh Courts

[MV Act] Kar HC│ Will absence of any ‘specific endorsement’ in driving license absolve the insurance company of its liability to pay compensation? Award revised

Karnataka High Court: Ashok G. Nijagannavar, J., upheld the compensation order but revised the rate of interest to meet the ends of

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Published on October 31, 2020October 31, 2020By Editor_4
1 Comment4925 views
Case BriefsHigh Courts

P&H HC | A case involving illegal detention of workers treated as a complaint under the Bonded Labour System (Abolition) Act, 1976; High Court allows petition

Punjab & Haryana High Court: While deciding a petition invoking the writ of Habeas Corpus, Karamjit Singh, J., allowed the same by

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Published on October 31, 2020November 6, 2020By Editor_4
Leave a comment2265 views
Case BriefsHigh Courts

Raj HC | Official status only provides an opportunity for commission of the offence; Court dismisses petition in the matter of Sections 409, 420, 467, 468 and 471 Penal Code, 1860

Rajasthan High Court: Sandeep Mehta, J., dismissed a petition which was filed aggrieved by the judgment and order passed by the Addl.

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Published on October 31, 2020November 6, 2020By Editor_4
Leave a comment7917 views
Case BriefsHigh Courts

All HC | On account of a human and inadvertent error on part of the students, they are not to be deprived of appearing in their examinations; HC grants relief to students who had failed to download their admission letters

Allahabad High Court: Sangeeta Chandra, J., while allowing the instant petition, granted relief to the petitioners whose names had not reflected in

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Published on October 31, 2020November 6, 2020By Editor_4
Leave a comment2331 views
Case BriefsSupreme Court

SC stresses on importance of mirror orders in interjurisdictional child custody matters. Read what a mirror order is

Supreme Court: The bench of UU Lalit, Indu Malhotra and Hemant Gupta, JJ, explaining the concept of a mirror order, has said,

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Published on October 30, 2020November 6, 2020By Prachi Bhardwaj
Leave a comment6639 views
Case BriefsSupreme Court

As an 11-year-old’s custody gets transferred to his business tycoon father by a 2:1 verdict, Justice Gupta, dissenting, says pampering is not parenting

Supreme Court: The bench of UU Lalit, Indu Malhotra and Hemant Gupta, JJ has, in a 2:1 verdict, has transferred the custody

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Published on October 30, 2020November 30, 2020By Prachi Bhardwaj
Leave a comment4273 views
Case BriefsHigh Courts

HP HC | Remedy under S. 125 CrPC and S. 12 of DV Act, 2005 are distinct and different; Law does not prohibit wife to proceed under both of the said statutory provisions simultaneously or otherwise; Petition dismissed  

Himachal Pradesh High Court: Ajay Mohan Goel J., while rejecting the present criminal revision sought against the compensation and maintenance allowed by

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Published on October 30, 2020November 6, 2020By Editor_4
Leave a comment6439 views
Case BriefsHigh Courts

HP HC | Whether a daughter upon marriage ceases to be a part of the family for the purpose of seeking compassionate appointment against her deceased father; HC elucidates

Himachal Pradesh High Court: A Division Bench of Sureshwar Thakur and Chander Bhusan Barowalia JJ., while allowing the present petition said, “Marriage

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Published on October 30, 2020November 6, 2020By Editor_4
Leave a comment3501 views
Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Demand of interest to be calculated from the date of determination of due amount till actual date of payment of duty; Tribunal allows appeal

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

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Published on October 30, 2020November 20, 2020By Editor_4
Leave a comment3375 views
Case BriefsHigh Courts

J&K HC | Order of detention cannot be a mere reproduction of the dossier, without any judicial application of mind; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present petition held, “The service of the grounds of detention on

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Published on October 30, 2020November 6, 2020By Editor_4
Leave a comment2652 views

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