Case Briefs Archives | Page 652 of 914

Del HC | Court rejects suit against movie “Khandani Shafakhana”, thinks it presents golden opportunity for sexologists to approach larger cross section of society

Delhi High Court: Rajiv Sahai Endlaw, J. dismissed a suit filed for refraining the makers of the movie Khandani Shafakhana from releasing the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | “Disgorgement without restitution doesn’t serve any purpose”, appellants compensated as an investor protection measure

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi (Judicial Member) allowed an appeal challenging

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Onus of proof is on employer to prove disability incurred by applicant to be not accredited during employment

Armed Forces Tribunal (AFT): Justice S.V.S. Rathore and Air Marshal BBP Sinha (Member) partly allowed an application to consider applicant’s disability as

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC | Commission approves transmission charges of two 400 kV lines for inclusion in computation of point of connection transmission charges

Central Electricity Regulatory Commission (CERC): The Bench of P.K. Pujari (Chairperson), Dr M.K. Iyer (Member) and I.S. Jha (Member) determined the transmission

Case Briefs High Courts

Pat HC | State directed to reconsider order on voluntary retirement application filed by petitioner, Bihar Service Code provides unilateral withdrawal of VR before it is accepted

Patna High Court: Ashutosh Kumar, J., directed the petitioner to file a fresh representation before the Principal Secretary, Department of Health, Government of

Case Briefs High Courts

Utt HC | Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted

Uttaranchal High Court: N.S. Dhanik, J. entertained a Criminal miscellaneous application filed under Section 482 CrPC, where the petitioner had prayed for

Case Briefs High Courts

Ker HC | Mens rea on part of accused needed to initiate a proceeding for abetment of suicide – bank official denying education loan to student cannot be said to abet her suicide

Kerala High Court: R. Narayana Pisharadi, J. allowed a petition filed by bank official praying for quashing proceedings initiated against him for

Case Briefs High Courts

Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed

Delhi High Court: Pratibha M. Singh, J. allowed an application under Order 7 Rule 11 CPC filed by the defendant in the subject

Case Briefs High Courts

AFT | Arrears of disability pension are restricted to three years prior to filing the application; delay is condoned

Armed Forces Tribunal (AFT): Justice S.V.S. Rathore (Member) and Air Marshal BBP Sinha (Member) dismissed an application by the applicant under Section

Case Briefs High Courts

Ker HC | ‘Trust’ is an ‘obligation annexed to ownership of property’ – cannot be prosecuted under NI Act as it is neither a body corporate nor an association of individuals

Kerala High Court: B Sudheendra Kumar, J. allowed the petition and quashed the complaint and further proceedings against the petitioners which were

Case Briefs

Unnao Rape survivor to be transferred to AIIMS Delhi

Supreme Court: The bench of Deepak Gupta and Aniruddha Bose, JJ has directed the State of Uttar Pradesh to airlift the Unnao

Case Briefs High Courts

Patna HC | Referring authority for industrial dispute cannot assume role of quasi-judicial body while conducting conciliation proceeding

Patna High Court: Shivaji Pandey, J. allowed the writ application to the extent that the impugned order was remanded back to the

Case Briefs High Courts

HP HC | Exemption for not giving prior notice under S. 80 CPC granted to petitioner as the matter was of urgent importance; prohibitory injunction granted

Himachal Pradesh High Court: Sandeep Sharma, J. contemplated the instant petition filed under Article 227 of the Constitution of India where the

Case Briefs High Courts

Jhar HC | Award held unreasoned in absence of discussion of material on record and further argument and pleading of parties

Jharkhand High Court: Rajesh Kumar, J. allowed the petition of the appellant hereby remanding the matter to the Tribunal for fresh adjudication.

Case Briefs High Courts

J&K HC | Criminal proceedings must be instituted against people who threaten couples for marrying outside their caste

Jammu & Kashmir High Court: Dhiraj Singh Thakur, J. directed the respondents to ensure the protection of life and liberty of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Relief for Consortium of Banks which extended loans to Jaiprakash Associates, NCLT order cancelling mortgage of 858 acres of land by JIL in favour of Banks quashed

National Company Law Appellate Tribunal (NCLAT): A 2-Member Bench of Justice S.J. Mukhopadhaya (Chairperson) and Justice Bansi Lal Bhat, Member (Judicial), set aside

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCC Times

Case Briefs

Del HC | Court rejects suit against movie “Khandani Shafakhana”, thinks it presents golden opportunity for sexologists to approach larger cross section of society

SAT | “Disgorgement without restitution doesn’t serve any purpose”, appellants compensated as an investor protection measure

AFT | Onus of proof is on employer to prove disability incurred by applicant to be not accredited during employment

CERC | Commission approves transmission charges of two 400 kV lines for inclusion in computation of point of connection transmission charges

Pat HC | State directed to reconsider order on voluntary retirement application filed by petitioner, Bihar Service Code provides unilateral withdrawal of VR before it is accepted

Utt HC | Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted

Ker HC | Mens rea on part of accused needed to initiate a proceeding for abetment of suicide – bank official denying education loan to student cannot be said to abet her suicide

Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed

AFT | Arrears of disability pension are restricted to three years prior to filing the application; delay is condoned

Ker HC | ‘Trust’ is an ‘obligation annexed to ownership of property’ – cannot be prosecuted under NI Act as it is neither a body corporate nor an association of individuals

Unnao Rape survivor to be transferred to AIIMS Delhi

Patna HC | Referring authority for industrial dispute cannot assume role of quasi-judicial body while conducting conciliation proceeding

HP HC | Exemption for not giving prior notice under S. 80 CPC granted to petitioner as the matter was of urgent importance; prohibitory injunction granted

Jhar HC | Award held unreasoned in absence of discussion of material on record and further argument and pleading of parties

J&K HC | Criminal proceedings must be instituted against people who threaten couples for marrying outside their caste

NCLAT | Relief for Consortium of Banks which extended loans to Jaiprakash Associates, NCLT order cancelling mortgage of 858 acres of land by JIL in favour of Banks quashed

SAT | Companies cannot run CIS Scheme without registering it with SEBI

MP HC | Convenience of wife to be considered in case of transfer of matrimonial cases; rule to be used diligently

P&H HC | No fresh suit can be filed once the issues have been framed and the same was not disputed by the party

SC does ‘temporary patchwork’ in CrPC by granting power to Magistrate order accused to give voice samples