Case Briefs Archives | Page 557 of 914

Jhar HC | Abscondence alone may not be a determinative factor to infer guilt under S. 302 IPC but when medical evidence discloses homicidal death abscondence becomes a relevant fact

Jharkhand High Court: Shree Chandrashekhar J., upheld the impugned judgment and dismissed the appeal being devoid of merits. The case at hand

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Will I&B Code permit a successful Resolution Applicant to stage a “U-turn” frustrating Corporate Insolvency Resolution Process? Tribunal decodes

National Company Law Appellate Tribunal (NCLAT): Full Bench of Justice Bansi Lal Bhat (ACJ) and Justice Anant Bijay Singh (Judicial Member) and Dr

Case Briefs High Courts

Ker HC | Court discusses legal position where special enactment overrides general enactment; petition dismissed

Kerala High Court: P. Somarajan, while dismissing a plea for quashing of FIR against parallel charges under Penal Code, 1860 and other

Case Briefs Foreign Courts

SCOTUS | Obergefell v. Hodges Ruling credited with the creation of ‘Right to Same-Sex Marriage’ in USA, heavily criticized for its “ruinous consequence for religious liberty”

Supreme Court of the United States (SCOTUS): While denying the issuance of the writ of certiorari as prayed by Kim Davis, a

Case Briefs High Courts

Del HC | Does Rule 35 of SCBA Rules apply to suspension/termination of status of a member of SCBA as an office-bearer of its Association? HC explains in view of Ashoka Arora, Secy. SCBA’s removal

Delhi High Court: Mukta Gupta, J., refused to stay the suspension of Ashok Arora from the post of Secretary, Supreme Court Bar Association

Case Briefs Foreign Courts

SCOTUS | South Carolina’s witness signature rule for absentee ballots temporarily reinstated

Supreme Court of The United States (SCOTUS): In a crucial decision before the upcoming Presidential Elections in the USA, the SCOTUS temporarily

Advance Rulings Case Briefs

Punjab AAR | Will there be GST exemption to ‘parking lot services’ established at Market Committee? AAR examines

Punjab Authority for Advance Ruling: Navdeep Bhinder (Member, SGST) and Parul Garg (Member, CGST) addressed the following issue: Whether the parking lot services

Case Briefs High Courts

Bom HC diverges from Madras & Karnataka HC’s view on whether MACT has jurisdiction over personal accident claims or not: Read the proposition

Bombay High Court: S.M. Modak, J., examined the jurisdiction of the Motor Accident Claims Tribunal in regard to claim made by the insured/owner

Case Briefs High Courts

Kar HC | Government cannot act in a whimsical fashion, deviating from the prescribed service rules

Karnataka High Court: Krishna S. Dixit and P.N. Desai, JJ., while allowing a writ petition by a civil servant, observes, “Government being

Case Briefs Foreign Courts

SL SC | S. 31 B (5) of Industrial Disputes Act does not debar from maintaining application to Labour Tribunal against termination of services and to file fundamental rights application to SC simultaneously

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Jayantha Jayasuriya, CJ and Murdu N.B. Fernando and

Advance Rulings Case Briefs

MP AAR | Can ‘Fried Fryums’ be equated with ‘Papad’? Authority determines correct classification

Authority for Advance Ruling, Madhya Pradesh (AAR): A Division Bench of Virendra Kumar Jain Choubey and Manoj Kumar, Members, examined the classification

Case Briefs Supreme Court

Is SLP against an order rejecting the review petition maintainable when main judgment is not under challenge? SC answers

Supreme Court: The 3-judge bench Ashok Bhushan, R. Subhash Reddy and MR Shah has reiterated that when the main judgment of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL | Norms can be relaxed in certain cases to allow appellant to recover its full fixed cost instead of normative the interest of justice and equity; Tribunal allows appeal

Appellate Tribunal for Electricity (APTEL): A Coram of Manjula Chellur, J. (Chairperson) and S.D. Dubey (Technical Member), allowed an appeal which was

Case Briefs High Courts

Madras HC | Whether women marrying life convicts are examined by SCW or NCW to ascertain as to whether willingness of marriage has been obtained from women? Court examines

Madras High Court: A Division Bench of N. Kirubakaran and P. Velmurugan, JJ., while addressing the present petition observed that, Court fails to

Case Briefs High Courts

[Intellectual Property] Bom HC | “Party moving for injunction at eleventh hour must be prepared to face consequences”:Court while refusing to restrain Zee from using “Plex” in new channel

Bombay High Court: G.S. Patel, J., refused to pass an interim injunction restraining Zee Entertainment from using the word “Plex” in its new

Case Briefs High Courts

Ker HC | No writ of mandamus can be issued to direct the legislature to enact any law; Court upholds validity of State Commission for SC/ST Act

Kerala High Court: A Division Bench of S. Manikumar and Shaji P. Chaly, JJ., while deciding the Constitutional validity of the Kerala

Case Briefs High Courts

Jhar HC | Loan by financial institutions is in the nature of ‘public money’; Writ Petition not maintainable as alternative remedy available under S. 17 of SARFAESI Act if aggrieved due to action taken by ‘State’ under S. 13/14 of the Act

Jharkhand High Court: Rajesh Shankar, J. dismissed the petition on grounds of non-maintainability. The facts of the case are such that the

Case Briefs High Courts

AP HC | Under what conditions can ban for granting bail continue for an offence under NDPS Act? HC reiterates SC’s position in light of S. 37 NDPS Act

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., addressed a petition while reiterating the Supreme Court’s position in regard to Section 37 of

Case Briefs High Courts

Madras HC | Can an advocate be made criminally liable under S. 500 IPC who acts as per the instructions of his or her client? HC explains proposition

Madras High Court: G.K. Ilathiraiyan, J., observed that, Section 500 of the Penal Code, 1860 cannot be attracted wherein an advocate acts professionally

Case Briefs High Courts

Raj HC | Petitioner not vigilant enough to seek his remedy, Court rejects Stay application

Rajasthan High Court: Arun Bhansali, J., rejected a stay application that was filed aggrieved by the order of the Director, Mines demanding