law

Case BriefsHigh Courts

Tri HC | To determine emergent and immediate exigencies, authorities concerned must be rationale; Court allows petition of reimbursement of medical bills of judicial officer and wife

Tripura High Court: Arindam Lodh, J., allowed a petition which was filed against the rejection of his application for reimbursement of medical

Case BriefsSupreme Court

If public transportation has to survive and compete with private players, they have to improve system and their working culture | Read SC’s opinion on liability of railways towards passengers for delayed train arrival

Supreme Court: While addressing the matter wherein a passenger suffered loss and agony due to delay in the arrival of train, M.R

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Off the hook from ‘SEBI’S SCORES’-Prosecution already initiated before Court of Special Economic Offences-No further directions necessitated

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, did not find it suitable to pass any further directions

Case BriefsHigh Courts

Del HC | Under Pension Rules, if a Government Servant seeks voluntary retirement, he must have completed service of 20 years and may serve notice of 3 months [Comprehensive report on Judicial Assistant seeking Voluntary Retirement]  

Delhi High Court: In a matter wherein, a Judicial Assistant sought voluntary retirement, V. Kameswar Rao, J., observed that in view of

Case BriefsSupreme Court

Virtual courts as facet of fundamental right: SC issues notice in writ petition filed by All India Association of Jurists

Supreme Court: A three-Judge Bench of L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. is considering a writ petition seeking to

Case BriefsSupreme Court

SC upholds Govt.’s decision to extend tenure of incumbent Director of Enforcement beyond two years, but orders no further extension to be granted

“There is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two

Case BriefsHigh Courts

J&K and Ladakh HC | Husband is not a stranger; has every right to protect property of his wife; HC dismisses petition challenging husband’s locus standi

Jammu & Kashmir and Ladakh High Court:  Rajnesh Oswal, J., dismissed the petition seeking quashment of the criminal challan for the offences

Case BriefsHigh Courts

Custodial Violence in Tihar Jail | Remedial action to be taken so that unscrupulous officers at Jail do not take advantage of knowledge of non-working of CCTVs & get away by doing any illegal act

Delhi High Court: While addressing a matter of custodial violence in Tihar Jail, Mukta Gupta, J., stated that: Walls of prison, howsoever

Case BriefsForeign Courts

Artificial Intelligence Machine, can it be granted a patent for its own invention?Demystifying grant of patent to Artificial Intelligence Machine

England and Wales High Court (Patents Court): Marcus Smith, J. explained exhaustively whether an ‘Artificial Intelligence Machine’ DABUS can be categorized as

Case BriefsHigh Courts

Guj HC | Detaining authority fell in error in interpreting “dangerous person”; Court allows petition against detention

Gujarat High Court: Paresh Upadhyay, J., allowed a petition which was filed against the order passed by the Commissioner of Police, Surat

Case BriefsInternational Courts

Zero Tariff v. Net Neutrality; ECJ deals a blow to Telekom’s Zero Tariff regime by holding it violated EU law of Net neutrality

European Court of Justice: The Bench of N. Wahl (Rapporteur), F. Biltgen (President) and J. Passer, JJ., held that Telekom’s Zero Tariff

Case BriefsSupreme Court

Reasonable charges for benefit derived by private entities from State capital is perfectly justified: SC upholds demand of ‘royalty for controlled water’ levied on CPPs by Kerala Electricity Board

Supreme Court: A Division Bench of Uday U. Lalit and Vineet Saran, JJ. held that charges levied by the Kerala State Electricity

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Manipulative Pricing | Connected entities aiding other connected entities gets disconnected from the securities market

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, while exercising the powers under Sections 11(1), 11(4) and Section

Case BriefsHigh Courts

HP HC | “Dispatching the gallantry medal directly to the writ petitioner through courier amount to breach of protocol”; Such awards must be given only in ceremonial functions of Independence Day/ Republic Day

Himachal Pradesh High Court: Sureshwar Thakur, J. disposed of the petition by granting mandamus regarding quick conferment of medals in the manner

Case BriefsSupreme Court

“Writing judgments is an art”: Pained by lack of clarity in HC order, Supreme Court explains importance, purpose, contents and elements of a judgment

“The judgment replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution.”

Case BriefsTribunals/Commissions/Regulatory Bodies

MahaRERA unriddles ‘carpet area’ under MOFA & RERA | Apartment booked under Maharashtra Ownership of Flats Act, Can complainants claim refund for variation in area of apartment as sale agreement was executed as per RERA Act?

Maharashtra Real Estate Regulatory Authority, Mumbai (MahaRERA): While focusing on the definition of carpet area in Pre-RERA and Post-RERA, Coram of Ajoy

Case BriefsHigh Courts

J&K and Ladakh HC | Right to go abroad to pursue studies cannot be denied only on the ground of involvement in a criminal case; HC waives conditional bail order

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., allowed the petitioner, who was involved in NDPS case, to travel abroad

Legal RoundUpSupreme Court Roundups

Supreme Court Monthly Roundup – August 2021

A comprehensive roundup of all the important Supreme Court judgments/orders from the month of August, 2021.

Case BriefsSupreme Court

Supreme Court Decodes | Pujari who performs puja and maintains temple property, will he be treated as Bhumiswami? Who will be the owner of temple property?  

Supreme Court: Bench of Hemant Gupta and A.S. Bopanna, JJ., while addressing the matter pertaining to rights of the priest, observed that:

Case BriefsHigh Courts

Kar HC | “Chagrined and frustrated litigants should not be permitted to give vent to their frustration by cheaply invoking jurisdiction of the criminal court” Application of judicious mind sine qua non for setting criminal trial in motion

Karnataka High Court: M. Nagaprasanna J. allowed the criminal petition and quashed the impugned order dated 30-07-2016 passed by Additional Civil Judge,