Case Briefs Archives | Page 386 of 914

Cheque issued as a security and not in discharge of legally recoverable debt; Is the contention sufficient to quash proceedings under N.I. Act at pre-trial stage? SC examines

“The quashing proceedings must not become an expedition into the merits of factual dispute, so as to conclusively vindicate either the complainant or the defence.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can mere rejection of the claim by Assessing Officer, make assessee liable for penalty? ITAT explains

Income Tax Appellate Tribunal, Delhi (ITAT): Addressing the issue, of whether mere rejection of the claim by an Assessing Officer would ipso

Case Briefs Tribunals/Commissions/Regulatory Bodies

Will compensation paid by an employee to an employer for resigning from service without giving requisite notice, fall under taxable service? CESTAT decodes

Customs, Excise & Service Tax Appellate Tribunal, Bangalore (CESTAT): The Coram of S.K. Mohanty (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once insolvency proceedings are put on Stay, Can resolution professionals still be entitled to fees during Stay? NCLAT answers

National Company Law Appellate Tribunal (NCLAT), New Delhi: In a matter with regard to fees of resolution professional, the Coram of Justice

Case Briefs High Courts

If there is a delay in payment of gratuity, whether interest on delayed gratuity will be mandatory or discretionary? Guj HC decides

Gujarat High Court: Biren Vaishnav, J., reiterated that, interest on delayed payment of gratuity is mandatory and not discretionary. The petitioner had

Case Briefs Supreme Court

Whether a Presidential order banning benefit of parole and remission in a mercy petition will create a blanket ban on benefit of furlough? Supreme Court examines

Supreme Court: In a landmark ruling, the Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., reversed Delhi High Court’s judgment holding

Case Briefs High Courts

MP HC │ Permission to change statement before Court would be dangerous for legal system and it may be also misuse of S. 311 of CrPC; application for restatement after 2 years dismissed

Madhya Pradesh High Court: Anil Verma, J. dismissed a criminal revision filed against the impugned order whereby an application preferred by the

Case Briefs High Courts

Chh HC | Art. 14 of the Constitution does not envisage negative equality; Grant of study leave to employees under probation, cannot be a ground for claiming negative parity in the teeth of R. 42 (5) of Chhattisgarh Civil Services (Leave) Rules, 2010

Chhattisgarh High Court: A Division Bench of Arup Kumar Goswami CJ. and Rajendra Chandra Singh Samant J. dismissed the appeal and remarked

Case Briefs High Courts

When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC

Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible

Case Briefs High Courts

Statement that Kashmir is under occupation of armed forces and people of Kashmir reduced to slaves, will be protected under Right to Freedom of Speech and Expression?J&K and Ladakh HC answers

Jammu and Kashmir and Ladakh High Court: Stating that, the intention of a person can be gathered from the words spoken or

Case Briefs Supreme Court

“A judge, like Caesar’s wife, must be above suspicion”. Showing undue favour to a party under the guise of passing judicial orders is the worst kind of judicial dishonesty: SC

Supreme Court: In a case where a Judge was accused of misconduct, the bench of Dr. DY Chandrachud and Bela M. Trivedi,

Case Briefs High Courts

If wife sells out some property, in order to maintain her children, would that mean the wife will not have opportunity to claim maintenance under S. 125 CrPC? All HC explains

Allahabad High Court: Brij Raj Singh, J., while discussing the matter with regard to providing maintenance to a wife, noted that the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fine of Rs 41.21 Crores imposed on a Government Corporation for excess mining and violation of conditions of Environmental Clearance: NGT issues 10 directions || If no fine, would rule of law be impacted? Read

National Green Tribunal (NGT), Southern Zone, Chennai: While imposing a fine of Rs 41.21 crores on Singareni Collieries Company Limited, for violation

Case Briefs High Courts

Granting or non-granting interim maintenance is not punishing any litigant; Kar HC observes Proviso to S. 125 of CrPC provides discretion to court to order interim maintenance during pendency of proceedings

Karnataka High Court: M Nagaprasanna, J., dismissed the petition and refused to grant prayer as the case is at a pre matured

Case Briefs District Court

Is it possible for a husband to suddenly become devoid of all income sources when asked to provide maintenance to his wife? Saket Court elaborates

Saket Courts, Delhi: While addressing a maintenance matter, Anuj Agrawal, Additional Sessions Judge-05, expressed that, it can not be believed that a

Case Briefs High Courts

[Excise Act] Chh HC | Confiscation order can only be challenged when it reaches its finality and the statute does not give any space to challenge any other order except the final one

Chhattisgarh High Court: Goutam Bhaduri, J., allowed the petition and directed the vehicle to be released on certain conditions. The brief facts

Case Briefs High Courts

Article on a rift between police officers published in newspaper: Will the reporter be punished under S. 505 IPC? Bom HC decides

Bombay High Court: In a matter wherein, a journalist sought to quash proceedings against him for publishing news items regarding the rift

Case Briefs High Courts

Whether Arbitration involving third parties leading to other proceedings would be arbitrable? Kar HC answers

Karnataka High Court: B.M. Shyam Prasad, J., held that there cannot be a complete adjudication of the petitioner’s rights unless the third

Case Briefs High Courts

Sikk HC | Trial Courts should exhibit sensitivity to the plight of a child victim but they cannot go overboard and stonewall steps that are mandatory to be complied with when analysing and interpreting evidence given by witnesses; Sentence of rape accused modified

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Rai Pradhan, JJ. partly allowed an appeal which was filed

Case Briefs High Courts

Irretrievable breakdown of Marriage: Chh HC dissolves marriage on appeal filed by husband against trial court order

Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by