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Case Briefs

Case BriefsHigh Courts

Ori HC | Writ Court is not competent to appreciate the evidence and findings by the Disciplinary/ Enquiry Authority

Orissa High Court: Biswanath Rath, J. dismissed the writ petition under Articles 226 and 227 of the Constitution of India seeking the

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Published on January 27, 2020January 31, 2020By Bhumika Indulia
Leave a comment2481 views
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | NCLT’s order directing liquidation of corporate debtor upheld where resolution applicant was a ‘related party’ and thus not eligible under S. 29-A IBC

National Company Law Appellate Tribunal (NCLAT): A Bench of Justice Venugopal M., Member (Judicial) and Balvider Singh and Ashok Kumar Mishra, Members (Technical)

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Published on January 27, 2020February 27, 2020By Bhumika Indulia
Leave a comment3484 views
Case BriefsHigh Courts

Guj HC | Court strikes down levy and collection of tax on Ocean Freight for transport of goods in a vessel from a place outside India up to the customs station by a person located in non-taxable territory

Gujarat High Court:  A Division Bench comprising of J.B. Pardiwala and A.C. Rao, JJ., declared the tax on Ocean Freight levied for

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Published on January 26, 2020January 31, 2020By Bhumika Indulia
1 Comment2887 views
Case BriefsSupreme Court

SC|Prisoners under lawful detention can’t use Habeas corpus writ to seek pre-mature release

Supreme Court: In a case where pre-mature release of convicts was sought in terms of a Scheme framed by the Government of

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Published on January 24, 2020January 31, 2020By Prachi Bhardwaj
Leave a comment5524 views
Canada SC
Case BriefsForeign Courts

Canada SC | Obligation to inspect the safety of workplace is limited to the parts which are controlled by the employer

Supreme Court of Canada: A Full Bench of Wagner, CJ. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin, JJ. allowed

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Published on January 24, 2020February 14, 2020By Bhumika Indulia
Leave a comment2675 views
Case BriefsHigh Courts

Jhar HC | ‘Succession Certificate’ issued by a competent court, is mandatory for legal heirs to claim pension under Coal Mines Provident Fund Scheme

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ and Sujit Narayan Prasad, J. addressed an appeal in which the

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Published on January 24, 2020January 31, 2020By Bhumika Indulia
Leave a comment4340 views
Case BriefsHigh Courts

Ker HC | Court dismisses petition, affirms petitioner guilty in offence punishable under S.138 of the Negotiable Instruments Act

Kerala High Court: R. Narayana Pisharadi, J., dismissed a revision petition which was filed against the judgment of the trial and the

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Published on January 23, 2020January 31, 2020By Bhumika Indulia
Leave a comment2631 views
Case BriefsHigh Courts

Cal HC | People have a right to criticize the dispensation running the administration of the country: be it the Executive, Judiciary or the Legislature

Calcutta High Court: Sabyasachi Bhattacharya, J. directed a case concerning the arrest of a freelance journalist to be listed for hearing in January,

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Published on January 23, 2020January 28, 2020By Bhumika Indulia
Leave a comment2829 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | Paltry compensation not an adequate redressal to allottee as it creates no pressure created on Developer to complete construction on time 

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member), while disposing of a complaint, directed the builder to provide compensation in

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Published on January 23, 2020By Bhumika Indulia
Leave a comment3157 views
Case BriefsForeign Courts

SL CoA | Minister may order to take immediate possession of land on ground of urgency; challenge to award of compensation rejected

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Yasantha Kodagoda and Arjuna Obeyesekere, JJ., dismissed

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Published on January 23, 2020January 23, 2020By Bhumika Indulia
Leave a comment2070 views
Case BriefsHigh Courts

Cal HC | Rejection of complaint under S. 156(3) CrPC by Magistrate without taking cognizance under S. 190(1)(a) is an error in law; correct approach explained

Calcutta High Court: Madhumati Mitra, J., allowed a criminal revision application filed against the order of the Magistrate whereby he had rejected the

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Published on January 23, 2020January 27, 2020By Bhumika Indulia
3 Comments19355 views
Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | Company floating CIS without registering with SEBI held liable under S. 15-HA of SEBI Act

Securities Appellate Tribunal (SAT): A Two-Member Bench of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) was hearing two

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Published on January 22, 2020February 27, 2020By Bhumika Indulia
Leave a comment2653 views
Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Electronic sources of evidence cannot be used as proof unless they satisfy conditions of S. 138-C of Customs Act for proving undervaluation of goods

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A two-member Bench of Justice Anil Choudhary, Member (Judicial) and Justice Bijay Kumar, Member

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Published on January 22, 2020February 27, 2020By Bhumika Indulia
Leave a comment3585 views
Case BriefsForeign Courts

SL CoA | Judge has discretion to permit the applicant to lead evidence for reaching ends of justice 

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of K. K. Wickremasinghe and K. Priyantha Fernando,

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Published on January 22, 2020January 22, 2020By Bhumika Indulia
Leave a comment2657 views
Case BriefsForeign Courts

SL CoA | Application of writ should be filed without delay; Court dismisses appeal stating delay was without a valid reason

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Vasantha Kodagoda and Arjuna Obeyesekere, JJ., dismissed

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Published on January 22, 2020January 22, 2020By Bhumika Indulia
Leave a comment3992 views
Case BriefsHigh Courts

Bom HC | Murder convict set free where dying declaration had deceased’s thumb impression with clear ridges despite 100 percent burn injuries

Bombay High Court: A Division Bench of P.N. Deshmukh and Pushpa V. Ganediwala, JJ., allowed a criminal appeal filed against the order

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Published on January 22, 2020November 30, 2020By Bhumika Indulia
Leave a comment3174 views
Case BriefsHigh Courts

Jhar HC | Employee is entitled to superannuation pension only if he has rendered eligible service of ten years or more, before attaining the age of 58 years 

Jharkhand High Court: A Division Bench of Aparesh Kumar Singh and Kailash Prasad Deo, JJ. was hearing a writ petition of mandamus

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Published on January 22, 2020January 24, 2020By Bhumika Indulia
Leave a comment2962 views
Case BriefsHigh Courts

Bom HC | Appeal filed against conviction under S. 138 NI Act cannot be dismissed for non-payment of fine without going into merits of appeal

Bombay High Court: Vibha Kankanwadi, J., allowed a criminal revision application filed against the order of the Additional Sessions Judge whereby the

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Published on January 22, 2020January 24, 2020By Bhumika Indulia
Leave a comment13621 views
Case Briefs

FEMA Appellate Tribunal | Delay of 370 days condoned despite not being convinced of ‘sufficient cause’ for delay, as dismissal of application would bar examination of merits of appeal

Appellate Tribunal (FEMA): Justice G.C. Mishra (Acting Chairman) allowed the application for the condonation of delay in respect to the substitution of

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Published on January 22, 2020January 22, 2020By Bhumika Indulia
Leave a comment4671 views
Case BriefsHigh Courts

Bom HC | Salutary object of Arbitration & Conciliation Act cannot be defeated by adding a claim over and above the claim squarely covered by arbitration agreement

Bombay High Court: N.J. Jamadar, J., while disposing of an interim application filed by the defendants in a commercial division summary suit,

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Published on January 22, 2020January 28, 2020By Bhumika Indulia
Leave a comment2914 views

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