law

Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | Law is settled that illegal and forceful means cannot be adopted by Banks to seize any property

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) expressed that: Law is settled that illegal and forceful means cannot be

Case BriefsHigh Courts

All HC | “A woman or a girl who is raped is not an accomplice”: HC re-establishes while explaining the significance of testimony of rape victim

Allahabad High Court: The Division Bench of Ved Prakash Vaish and Vikas Kunvar Srivastav, JJ., expressed that: “Justice demands that courts should

Case BriefsSupreme Court

S. 6 of Probation of Offenders Act, 1958 is mandatory in nature, which acts as an injunction for Courts to follow; Supreme Court clarifies legal position 

Supreme Court: The Division Bench of Sanjay Kishan Kaul* and Hrishikesh Roy, JJ., has observed that Section 6 of Probation of Offenders

Case BriefsHigh Courts

[Reversed] Bombay HC on Sexual Assault | Would ‘pressing of breast’ and ‘attempt to remove salwar’ of a child fall under S. 7 and punishable under S. 8 of POCSO Act?

UPDATE: This Judgment of the Bombay High Court has now been reversed by a 3-Judge Bench of the Supreme Court of India

Case BriefsTribunals/Commissions/Regulatory Bodies

CIC | Whether husband is entitled to seek information re wife’s bank details and IT Returns? Commission answers while discussing who is “third party”

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) held that: “Since filing of the Income Tax Returns by an individual with

Case BriefsSupreme Court

SC allows video conferencing in matrimonial matter, though not as a matter of course

Supreme Court: The 3-Judge Bench of S.A. Bobde, CJ and L. Nageswara Rao and Vineet Saran, JJ., dismissed a review petition while

Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Review order is a gross violation of legal principle; Tribunal allows appeal of refund claim

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal against the impugned order wherein the refund

Case BriefsHigh Courts

Ker HC | Observing the signs of mental disturbance; HC refuses to remove a 21-year-old from the custody of parents

Kerala High Court: In an interesting case regarding custody of a major the Division Bench of K. Vinod Chandran and M.R. Anitha,

Case BriefsHigh Courts

Utt HC | Rule 8 of Government Servants Dying in Harness Rules, 1974 does not include age as a factor of appointment; Court explains while allowing petition

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed seeking for a writ of certiorari to quash

Case BriefsHigh Courts

P&H HC | “Provident Fund is based on adequate contributions from members of the fund”; HC allowed forfeiture of pension on resignation  

Punjab and Haryana High Court:The Division Bench of Ravi Shanker Jha, CJ. and Arun Palli, J., upheld the impugned order of Single

Case BriefsHigh Courts

Del HC | Whether it would be fair to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at his/her later age? HC explains

Delhi High Court: J.R. Midha, J., while addressing a motor accidents claim application decided on the issue whether it would be fair to

Case BriefsSupreme Court

Succour to rape survivor whose identity was disclosed by media, SC Directs free education for minor children, house under PMAY

Supreme Court: The 3-Judge Bench of Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ., issued directions in a case wherein a

Case BriefsHigh Courts

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law  

Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., dismissed the appeal being devoid of merits.

Case BriefsHigh Courts

Jhar HC | Right to establish linguistic and religious institutions under Art. 29 & 30 includes the Right of appointing teachers; order directing absorption set aside

Jharkhand High Court: Anubha Rawat Choudhary J., while setting aside the impugned order, reiterated, “…once the institute is recognized as a minority

Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | What factors are to be considered to ascertain whether a discharge voucher in full and final settlement was signed voluntarily or undue influence? Commission considers

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) observed that: “Conduct of the insured becomes relevant on the facts of

Case BriefsHigh Courts

Kar HC | Whether it is mandatory for issuance of a summons under S. 91 CrPC before issuance of a warrant under S. 93 CrPC? HC Answers

Karnataka High Court: Suraj Govindaraj J., dismissed the petition being devoid of merits. The facts of the case are such that two

Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | Whether there can be a claim of exclusion of the freight amount from arriving at the assessable value for the purpose of payment of central excise duty; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P.K. Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Op EdsOP. ED.

Daughters: The New Equals?

by Niyati Karia and Urvi Jinsiwale*

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT| Policy of retiring Group Captain (Time Scale) at the age of 54 years instead of 57 years creates a subclass within the same class of equals and is violative of Arts. 14 and 16 of the Constitution

Armed Forces Tribunal: The Division Bench of Justice S.V.S. Rathore (Chairperson) and Air Marshal BBP Sinha (Member) A, partly allowed the instant

Case BriefsTribunals/Commissions/Regulatory Bodies

CIC | Is a legally wedded wife entitled to seek details of income tax returns of her husband under the RTI Act, 2005? Commission answers

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decide whether a legally wedded wife can seek the information regard to income