Case Briefs Archives | Page 333 of 914

Madras High Court set aside detention order passed by District Magistrate, due to undue and unexplained delay of 14 days in considering representation

Madras High Court: In a habeas corpus petition filed calling for the records pertaining to the order of detention passed

Case Briefs Supreme Court

Supreme Court upholds validity of amended Employees’ Pension Scheme but reads down certain provisions; Explains applicability of pre & post amendment Scheme

The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme has, however, been held to be ultra vires the provisions of the 1952 Act. The Court has given 6 months’ breather to the authorities make adjustments in the scheme.

Case Briefs High Courts

Madras High Court| School Teachers cannot be blamed for suicide committed by students, without sufficient evidence

Madras High Court: In a suicide case by a 17-year-old school boy, filed against the headmaster S.M. Subramaniam, J. has held that

Case Briefs Supreme Court

Supreme Court| Benefit of Exceptions of Defamation cannot only be afforded at the stage of trial

Supreme Court: In an appeal against the judgment passed by the Delhi High Court regarding a defamation case, the division

Case Briefs District Court

Delhi Court| Compelling accused to give his system password to IO/Police violates Article 20(3) and S 161(2) CrPC

Rouse Avenue District Courts, Delhi: In a case filed by Central Bureau of Investigation questioning the power of investigating agency

Case Briefs High Courts

Orissa High Court issues contempt notice to the President of Tangi Bar Association for abusing a Judicial Magistrate

Orissa High Court: The division bench comprising of S. Talapatra and S.K. Panigrahi, JJ. directed for the issue of notice

Case Briefs High Courts

Sufficient material for framing charges against Senthil Balaji in cash-for-job scam; Madras High Court upholds trial court’s order

Madras High Court: In a criminal revision petition filed by Tamil Nadu electricity minister V. Senthil Balaji to set aside

Case Briefs High Courts

Muslim wife can terminate marriage even without the will of the husband, by invoking ‘Khula’; Kerala High Court upholds

Kerala High Court: In a review petition arising from an appeal filed by the husband challenging a divorce decree granted to a

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether Section 73A of the Finance Act, 1994 applicable when service tax has been collected and retained by the Assessee; CESTAT answers

Customs, Excise and Service Tax Appellate Tribunal: The coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) set aside

Case Briefs High Courts

Delhi High Court applies ‘doctrine of confirmation by subsequent events’ to convict an accused of murdering a girl in broad daylight

Delhi High Court: In an appeal filed by the accused challenging the order of conviction passed by the Trial Court

Case Briefs Supreme Court

Supreme Court | Denying similar benefits to similarly situated Government employees working under same employer amounts to discrimination

Supreme Court: In an appeal filed against the judgment of the Delhi High Court, wherein the Court has set aside

Case Briefs High Courts

Kerala High Court set aside transfer order of Judge who made ‘sexually provocative dress’ remark; Upholding the same will have a deleterious effect on the morale of the judicial officers in the State

Kerala High Court: In an appeal filed against the judgment of a Single Judge transferring the appellant from the post

Case Briefs High Courts

Police station not a ‘prohibited place’ under Official Secrets Act hence, video recording inside police station not an offence under Act; Bombay High Court quashes FIR

Bombay High Court: In the present case wherein, an FIR was registered by the complainant that during certain proceedings being

Case Briefs Supreme Court

Explained| Can GPU Charities involved in trade claim tax exemption? [Section 2(15) of the Income Tax Act, 1961]

Supreme Court: Interpreting the proviso to Section 2(15) of the Income Tax Act, 1961 (IT Act) introduced by amendment w.e.f. 01.04.2009, the

Case Briefs High Courts

Act of mutual affection between young boyfriend and girlfriend cannot equate with ‘Sexual Assault’ under POCSO Act; Meghalaya High quashes FIR

“In a case of rape or sexual assault, the act not only affects the physical well-being of the victim but would also leave a very deep emotional scar which would require prolonged counselling for the experience and the image to be erased from the mind of the victim. Such an act would have a more profound effect on a child.”

Case Briefs High Courts

The term ‘FLY HIGH’ used by Vistara is common to aviation; Delhi High Court vacates interim injunction granted in favour of Frankfinn

Delhi High Court: In a suit filed by Frankfinn Aviation Services Private Limited (‘plaintiff’) seeking permanent and mandatory injunction restraining

Case Briefs Supreme Court

Non-reporting of POCSO offence despite knowledge a serious offence; Bombay High Court’s quashment of FIR against accused Medical Practitioner unfortunate: SC

“Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”

Case Briefs High Courts

[POSH] Delhi High Court | Baffling to see that a law graduate himself demands assistance of person with legal background for enquiry before Internal Complaints Committee

If the Court would allow such an interpretation, then this provision would become redundant, and a floodgate of law graduates, who may not be enrolled with the bar councils to become an ‘advocate’ but are still practicing law, would pour in. The purpose of keeping the proceedings fact-based and free expert legal advisory, would be lost.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI holds Google to be dominant in the relevant markets for licensable OS for smart mobile devices and app store for Android OS; Imposes penalty of Rs. 936.44 crore

Competition Commission of India: While deciding upon the complaint filed against Google alleging contravention of the provisions of the Competition

Case Briefs High Courts

Patna High Court | Sections 2, 3, 4 and 5 of Bihar Municipal (Amendment) Act, 2021 run contrary to Bihar Municipal Act, 2007 and 74th Constitutional Amendment Act, 1992; held unconstitutional

Patna High Court: A Division Bench of Sanjay Karol, C.J. and S. Kumar, J. declared Bihar Municipal (Amendment) Act, 2021