Case Briefs Archives | Page 555 of 914

Pat HC | What are the essentialities of acquisition & determination of Indian Citizenship? HC considers in light of setting aside election of a person not being registered as an Indian Citizen

Patna High Court: The Division Bench of Sanjay Karol, CJ and S. Kumar, J., addressed the vital issue of citizenship with respect

Case Briefs High Courts

Guj HC | High Court cannot exercise its inherent jurisdiction to quash the proceedings unless it is found that, allegations do not disclose the commission of cognizable offence

Gujarat High Court: Ilesh J. Vohra, J., heard a matter related to offences alleged under Sections 376 (2) (n), 377, 406, 498(A),

Case Briefs High Courts

Ori | [COVID] School authorities shall take all possible steps to regularize academic career of the students; Order issued in view of CBSE notification CBSE/CE/2020 dated 13-05-2020

Orissa High Court: K.R. Mohapatra J., ordered in favour of the aggrieved student in light of prevailing extraordinary situation due to COVID-19.

Case Briefs High Courts

Kar HC | ‘In certain cases the first duty of police officer is to arrest accused and collect evidence, and not registration of FIRʼ; Court dismisses bail application pleading procedural irregularities

Karnataka High Court: Sreenivas Harish Kumar, J., while dismissing a criminal petition for enlargement on bail, said, “There are prima facie materials

Case Briefs High Courts

Madras HC | Is participation of advocates permitted in proceedings before Ombudsman under Banking Ombudsman Scheme, 2006 promulgated by RBI? HC to contemplate

Madras High Court: A Division Bench of Amreshwar Pratap Sahi, CJ and Senthilkumar Ramamoorthy, J., to consider the issue with regard to

Case Briefs High Courts

HP HC | Arms Licenses cannot be granted to be used as status symbol of the applicants; Powers under S. 17(3) of Arms Act exercised, applicant being guilty of ‘suppressio veri suggestio falsi’

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ. dismissed the petition being devoid of

Case Briefs Supreme Court

SC| Right to default bail under the first proviso to Section 167(2) CrPC not a mere statutory right but a fundamental right

Right to default bail a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.

Case Briefs Supreme Court

Is right to pre-emption a recurring right or exercisable only the first time? SC answers

Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[SC ALERT] NCLAT’s decoder on appointment of a person as Resolution Professional: Will an ex-employee of Financial Creditor be eligible for appointment? Read on

SUPREME COURT ALERT This NCLAT Order has been set aside by the Supreme Court, the detailed report of which can be found

Case Briefs High Courts

AP HC | Person occupying high posts are indulging in waging war against State of Andhra Pradesh’s Judicial system: HC orders CBI investigation

Andhra Pradesh High Court: A Division Bench of Rakesh Kumar and J. Uma Devi, JJ., while ordering CBI investigation in regard to defamatory

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Services as that of CHA, CNF, testing and sampling, etc. are eligible to be classified as the input services; Tribunal entitles appellant to avail CENVAT Credit for tax paid on such input services

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal that was filed against the Order-in-Appeal of

Case Briefs High Courts

MP HC | Scope and extent of bail conditions under S. 437(3) CrPC are wide enough to include reformative measures like community service, but ought not be onerous and excessive in nature; HC decides scope and application of Bail under POCSO and SC/ST Act

Madhya Pradesh High Court: Anand Pathak, J., while deciding an application against cancellation of bail said: in cases where “any bail application

Case Briefs High Courts

Nature of NITI Aayog’s directions & Scope of engagement of Civil Society Organizations in times of crisis: Patna HC discusses

Patna High Court: A Division bench of Sanjay Karol, CJ and S. Kumar, J., addressed two crucial issues revolving around the COVID-19 Pandemic.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

Securities and Exchange Board of India (SEBI): Anant Barua (Whole-time member) passed the order in exercise of his powers under Sections 11

Case Briefs High Courts

[Defamation] Madras HC | “Presence or absence of evidence not a matter to be decided in Or. 7 R. 11 CPC application”: Challenge to Isha Foundation’s defamation suit against media entity rejected

Madras High Court: R. Subramanian, J., refused to allow the application filed by Sathiyam Media praying for rejection of plaint filed by

Case Briefs Supreme Court

SC| Evidence has to be weighed and not counted

“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”

Case Briefs High Courts

Jhar HC | [Interpretation of Statutes] Principle of compassionate appointment should not be strictly applicable as it is a part of beneficial legislation

Jharkhand High Court: Deepak Roshan J., allowed the petition on merits. The facts of the case are such that the husband of

Case Briefs High Courts

Del HC | Why was Broadcast Audience Research Council of India’s new algorithm to mitigate impact of ‘Landing Page’ on viewership data across television channels challenged? HC’s analysis

Delhi High Court: Navin Chawla, J., refused to pass an interim injunction in regard to the communication dated 03-09-2020 along with Press

Case Briefs Supreme Court

Payal Tadvi suicide| SC says accused doctors, as “presumably innocent persons”, entitled to study; allows all 3 to resume studies in the same college

Even a convict is allowed to have academic pursuits while undergoing sentence and develop his potential as a human being to the fullest.

Case Briefs High Courts

Jhar HC | Will non-service of one month’s notice period vitiate termination of contractual services? HC decides

Jharkhand High Court: Sanjay Kumar Dwivedi, J., dismissed the petition being devoid of merits. The facts of the case are such that