law Archives | Page 11 of 127

Merely because an accused is a Muslim, governed by personal laws, can be debarred from availing rights under Juvenile Justice (Care and Protection of Children) Act, 2000? Delhi Court answers

Patiala House Courts: In a matter for grant of custody parole, Dharmender Rana, ASJ-02, held that, merely because the accused is Muslim

Case Briefs High Courts

[SC Collegium December Meeting] Newspaper reports are of no evidentiary value and Courts would be transgressing their well settled limitation if cognizance were to be taken of such unsubstantiated and unverified reports: Del HC

Delhi High Court: In a matter wherein, details were sought with regard to Supreme Court Collegium meeting held on 12-12-2018, Yashwant Varma,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Forcing buyers to purchase insurance policies? Even if dealers offer to sell insurance policies to customers, customers may yet have option to buy such policies from alternative channels: CCI

Competition Commission of India (CCI): The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) addressed a

Case Briefs High Courts

In view of changed definition of rape under S. 375 (b) of IPC pari materia to S. 3(b) of POCSO Act, whether sexual intercourse is necessary to attract ingredients of offence of rape or penetrative sexual assault? Chh HC elaborates

Chhattisgarh High Court: Addressing a case wherein a minor girl was subjected to sexual, Deepak Kumar Tiwari, J., held that, In view

Case Briefs District Court

Can Director of a company be automatically, vicariously liable for commission of an offence on behalf of company under S. 138 NI Act? Patiala House Courts answers

Patiala House Courts, New Delhi: Shreya Arora Mehta, Metropolitan Magistrate, while addressing a matter with regard to Section 138 of the Negotiable

Case Briefs High Courts

Can unmarried daughters claim expenses of marriage from their parents under the Hindu Adoptions and Maintenance Act, 1956? Chh HC addresses

Chhattisgarh High Court: While stating that, in Indian society, normally expenses are required to be incurred for pre-marriage and also at the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can States levy ‘Entry Tax’? West Bengal Taxation Tribunal explains

West Bengal Taxation Tribunal: The Coram of Justice Malay Marut Banerjee (Chairman) and Suranjan Kundu (Judicial Member) and Chanchalmal Bachhawat (Technical Member),

Case Briefs High Courts

Can maternity leave benefits extend beyond the period when contractual period of an ad hoc employee comes to an end? Del HC analyses

Delhi High Court: In a claim of maternity benefit by a contractual employee, the Division Bench of Rajiv Shakdher and Talwant Singh,

Case Briefs High Courts

Bar on Government servants to engage in strikes? Ker HC elaborates

Kerala High Court: While expressing that, it is the duty of the welfare Government to protect not only the citizens, but to

Case Briefs High Courts

Every Advocate is a Court officer and part & parcel of justice delivery system: Madras HC found a Govt. Advocate demanding bribes at the cost of justice

Madras High Court: The Division Bench of K. Kalyanasundaram and R. Hemalatha, JJ., expressed that, the Government advocate being the representative of

Case Briefs High Courts

S. 292BB of Income Tax Act deals with failure of service of notice or failure to issue notice? Del HC explains

Delhi High Court: The Division Bench of Manmohan and Dinesh Kumar Sharma, JJ., addressed a matter wherein the decision of Income Tax

Case Briefs Foreign Courts

Does ‘Private Copying’ exception under Copyright Directive applies to storage in the cloud of a copy of a protected work for private purposes? ECJ explains

European Court of Justice, Second Chamber: The Bench of A. Arabadjiev, President of the First Chamber, acting as President of the Second

Cases Reported SCC Weekly

2022 SCC Vol. 2 Part 2

Arbitration and Conciliation Act, 1996 — Ss. 31(7)(a), 28 and 34 — Award of interest: Arbitrator cannot award interest contrary to the

Case Briefs Tribunals/Commissions/Regulatory Bodies

National Company Law Tribunal orders insolvency proceedings against Supertech: Indebted and defaulted repayment of loan

National Company Law Tribunal, New Delhi: The Coram of P.N. Prasad, Judicial Member and Rahul Bhatnagar, Technical Member, declared insolvency proceedings against

Case Briefs High Courts

If a man rubs his organ on vagina over victim’s underpants, would that amount to rape? Megh HC answers

Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ and W. Diengdoh, J., addressed that, if the victim’s underwear was not

Case Briefs High Courts

Right of Putative Father to visit minor child upheld: Del HC

Delhi High Court: Upholding the rights of the putative father, V. Kameswar Rao, J., expressed that while determining and granting such rights,

Op Eds OP. ED.

Rape or No Rape —That is the Question: An Analysis of Consent on the Basis of a Promise to Marry

by Sudhanshu Chaudhari* and Amit Pai**

Case Briefs High Courts

Trespassed in house, committed rape, misappropriated money, threatened: Kerala HC denied pre-arrest bail in view of such allegations

Kerala High Court: Shircy V. J., dismissed a bail application wherein a man committed rape with a woman and misappropriated her money

Case Briefs High Courts

Dishonour of Cheque | If a cheque is not honoured by issuer and even after a legal notice he doesn’t pay, he is bound to face criminal trial: Del HC

Delhi High Court: Rajnish Bhatnagar, J., dismissed a matter revolving around the dishonour of cheque under Section 138 of the Negotiable Instruments

Case Briefs High Courts

P&H HC | Entitlement to compensation on general principles for inordinate delay in receiving monies due; Interest on refund of excise duty granted

Punjab and Haryana High Court: The Division Bench of Ajay Tewari and Pankaj Jain, JJ., contemplated the appeal where the interest on