Case Briefs Archives | Page 524 of 914

[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 Briefs Tribunals/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 Briefs Supreme 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 Briefs Tribunals/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 Briefs High 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,

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | A person purchasing a constructed real estate property “with eyes wide open”, Can he subsequently claim benefits offered in the original brochure?

National Consumer Disputes Redressal Commission (NCDRC): Anup Thakur (Presiding Member), held that a person who purchases a fully constructed real estate property (a

Case Briefs High 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 Briefs High Courts

J&K HC | Members of Panchayat have the right to issue no-confidence motion against the chairman on the ground of misconduct or neglect of duty; petition dismissed

Jammu and Kashmir High Court: Sindhu Sharma J., while dismissing the present petition, held, “In a democratic process, the members of the

Case Briefs High 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 Briefs High 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 Briefs Supreme 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 Briefs High 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 Briefs High 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 Briefs High Courts

Cal HC | Does a father entail a ‘fundamental right’ on the preserved sperm of his son after his demise? HC answers

Calcutta High Court: Sabyasachi Bhattacharyya, J., addressed the issue of whether in the father-son relationship if the father has the fundamental right on

Case Briefs Tribunals/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 Briefs High 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 Briefs Tribunals/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

Case Briefs High Courts

Guj HC | Dismissing the argument of arrangement being a Contractual set up with no Industrial dispute as such, Court upholds reinstatement of the workman granting compensation against back wages

Gujarat High Court: A.P. Thaker J., upholding the decision of the Labour Court with respect to reinstatement of the workman, directed the

Case Briefs Tribunals/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 Briefs Tribunals/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