Case Briefs Archives | Page 527 of 914

Ker HC | When petitioner has produced prima facie materials to show that she belongs to SC community, respondents cannot brush aside the claim without a proper enquiry; impugned order set aside

Kerala High Court: N.Nagaresh J., while allowing the present petition and directing consequential benefits, held, “…it is evident that the 2nd respondent

Case Briefs Tribunals/Commissions/Regulatory Bodies

Establishment of direct quantified damage/loss to an investor in personam is not an essential ingredient to prove charges of price manipulation; SEBI explains

Securities and Exchange Board of India (SEBI): S.K. Mohanty, (Whole Time Member) while holding the Noticees liable for manipulative trade practises explained,

Case Briefs Supreme Court

Whether the arbitral process could be interfered under Article 226/227 of the Constitution, and under what circumstance? Supreme Court explains

“If the Courts are allowed to interfere with the arbitral process beyond the ambit of the enactment, then the efficiency of the process will be diminished.”

Case Briefs High Courts

Del HC | “Ss. 69 and 132 of CGST Act prima facie valid; Power to arrest and prosecute is prima facie ancillary to power to levy and collect GST”: Read HC’s detailed analysis

Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., upheld the validity of Sections 132 and 69 of the

Case Briefs High Courts

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for

Case Briefs High Courts

J&K HC | Any person having attained the age of majority is entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty if approached; Petition allowed

Jammu and Kashmir High Court: Sindhu Sharma, J., while allowing the present petition, issued directions to the police authorities, to ensure that

Case Briefs High Courts

Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer

Patna High Court: The Division Bench of Shivaji Pandey and Partha Sarthy, JJ., addressed the demand of Bihar Public Service Commission to

Case Briefs High Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

Case Briefs High Courts

P&H HC | Whether in absence of enabling power in the Service Rules, the period of tenure posting could be extended by the State or its instrumentalities? Court explains

Punjab and Haryana High Court: Anil Kshetrapal, J., addressed the validity of the order granting extension in the service to respondent 6

Case Briefs High Courts

Ker HC | Powers of Court under S. 34 of the Arbitration Act, 1996 are merely supervisory in nature; Court cannot correct errors from the order of Arbitrator, but can only quash it: HC explains

Kerala High Court: The Division Bench of C.T. Ravikumar and K. Haripal, JJ., partially allowed the instant appeal challenging the correctness of

Case Briefs High Courts

Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions

Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of

Case Briefs High Courts

Utt HC | Elections at regular intervals is mandated by law; Court issues directions

Uttaranchal High Court: Manoj K. Tiwari, J., disposed of a writ petition while issuing directions which was filed by the member of

Supreme Court

Does non-payment of stamp duty in a commercial contract invalidate the arbitration clause? Issue referred to the Constitutional bench to decide

Supreme Court: The three-judge bench comprising DY Chandrachud, Indira Banerjee and Indu Malhotra, JJ. has observed that non-payment of stamp duty in

Case Briefs High Courts

P&H HC | There is no requirement in law that a person applying for sanction of the building plan, has to prove his ownership before the building plan can be sanctioned

Punjab and Haryana High Court: Anil Kshetarpal, J., while addressing the instant petition against the impugned order of Deputy Commissioner expressed that,

Case Briefs High Courts

Cal HC | [S.11(6) Arbitration & Conciliation Act, 1996] Reiterating independence and impartiality of the Arbitrator, Court appoints former justice of the present court to preside over as the sole arbitrator

Calcutta High Court: Ashis Kumar Chakraborty, J., while allowing the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996

Case Briefs Supreme Court

Farm Laws | “Court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment”; Supreme Court stays implementation of Farm Laws

Supreme Court: The 3-Judge Bench of S.A. Bobde, CJ and A.S. Bopanna and V. Ramasubramanian, JJ., stays the implementation of farms laws

Case Briefs Supreme Court

One-Sided and Unreasonable Clauses in Apartment Buyer’s Agreement & Unfair Trade Practice: Read SC’s verdict

Supreme Court: The 3-Judge Bench of Dr Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ., observed that “Developer cannot compel the

Case Briefs Foreign Courts

“Virginity tests are invasive, offensive, and discriminatory and blatantly violate the dignity of a woman” – Justice Ayesha A. Malik || Detailed Report

Lahore High Court: While deliberating upon the writ petitions challenging the use and conduct of ‘virginity tests’ especially “Two-finger Test” and “Hymen

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Information re officers carrying out orders of Govt. can be redacted by CPIO under RTI Act: CIC in matter concerning Aadhar seeding with bank accounts

Central Information Commission (CIC): Suresh Chandra, (Commissioner) held that “Section 10 RTI Act reveals that the power of severing the information disclosable

Case Briefs High Courts

Ker HC | [Motor Accidents Compensation Act] Court grants enhancement in compensation with an additional interest of 9% considering permanent disability; Revision Petition allowed

Kerala High Court: N. Nagaresh, J., while allowing the present revision petition, made additional compensation citing settled precedents. Background Respondent 3 (insurer)