Legal News

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | Merely mentioning in Discharge book that cause of death was aggravated by military service not sufficient; Tribunal emphasises on need for medical opinion for Special Pension

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case BriefsHigh Courts

Judgment on Admissions | Is Court justified in allowing application under Or. 12 R. 6 CPC for absence of material pleadings, presence of moonshine defence in WS? Del HC discusses

Delhi High Court: Asha Menon, J., held that, “Mere fact that the boundary walls had been built by the defendants cannot be

Op EdsOP. ED.

Residential Status of a Company under the Income Tax Act, 1961

by Paridhi Jain*

Case BriefsTribunals/Commissions/Regulatory Bodies

Whether non-referral of patient to Specialist or higher centre amounts to deficiency in service or medical negligence of the treating doctor/hospital? NCDRC decides

National Consumer Disputes Redressal Commission (NCDRC): Justice R.K. Agarwal (President) and Dr S.M. Kantikar and Binoy Kumar (Members) decided a matter with

Case BriefsHigh Courts

Magistrate required to exercise judicious discretion before ordering interim compensation, S. 143-A NI Act not mandatory: Kar HC

Karnataka High Court: Rajendra Badamikar, J., reversed an order of the Magistrate which had directed the petitioner accused to deposit 20% of the

Case BriefsHigh Courts

“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates

Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the

Case BriefsHigh Courts

Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his

Case BriefsHigh Courts

Dishonour of Cheque | Is it mandatory for trial court to award interim compensation under S. 143-A NI Act on mere invocation thereof? Del HC decides whether S. 143-A is directory or mandatory?

Delhi High Court: Anu Malhotra, J., held that the provision of Section 143A of the NI Act, 1881 is directory in nature

Case BriefsHigh Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative

Case BriefsHigh Courts

Madras HC takes suo motu cognizance of objectionable clip including Court proceedings doing rounds in social media, Directs registration of FIR

Madras High Court: The Division Bench of P.N. Prakash and R. Hemalatha, JJ., noted that a video clipping showing the online Court

Case BriefsHigh Courts

If two people have consensual sexual relationship but boy later refuses to marry, Will that attract offence of cheating under S. 417 IPC? Bom HC explains

Bombay High Court: Anuja Prabhudessai, J., examines whether on mere refusal to marry the offence of cheating be constituted under Section 417

Case BriefsHigh Courts

When can a High Court invoke its power in granting writ of habeas corpus in child custody matters? All HC lays down scope and ambit of Writ of Habeas Corpus

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while examining the scope of the writ of habeas corpus, expressed that, The power

Case BriefsHigh Courts

Madras HC quashes “absurd” FIR filed over FB post which a normal person would have laughed off at; Says “Right to be Funny can be mined in Art. 19(1)(a)”

Madras High Court: While stating that, Jug Suraiya, Bachi Karkaria, E.P.Unny and G.Sampath … if any one of them, or for that

Case BriefsHigh Courts

‘To sexually violate innocent child within filial relationship descends on different path of depravity’: Del HC convicts father, friend under S. 377 IPC; emphasises on ingredients of ‘carnal intercourse against the order of nature’

Delhi High Court: The Division Bench of Siddharth Mridul and Anup Jairam Bambhani, JJ., while addressing a very unfortunate incident, involving sexual

Case BriefsDistrict Court

Can retailers/shopkeepers charge for ‘carry bags’ with their brand logos printed on them? Consumer Forum explains

District Consumer Disputes Redressal Commission, Hyderabad: Coram of M. Anuradha President (FAC) and Lakshmi Prasanna, Member, held that, Retailers/shopkeepers charging for plastic/paper/cloth

Case BriefsHigh Courts

If a person willfully attempts to evade tax, he can be prosecuted under S. 276C(1) of the Income Tax Act: Bom HC

Bombay High Court: The Division Bench of K.R. Shriram and Amit B. Borkar, JJ., discussed when a person can be prosecuted under

Case BriefsDistrict Court

Person found to be driving in a drunk state, can his conviction be reduced in light of no previous conviction, clean past and remorse being expressed for such act? Read what Dwarka Court says

Dwarka Courts, New Delhi: Sushil Anuj Tyagi, ASJ while addressing a case of drink and drive, expressed that, “There has to be

Case BriefsHigh Courts

Senior Citizen soon to enter her 90’s desired to end her life: Son and Grandson mentally left no stone unturned to make life of ‘grandmother’ a living hell | Bom HC emphasizes on family and societal values being perished

Bombay High Court: G.S. Kulkarni, J., addressed an ordeal of a senior citizen who would be soon in her nineties and was

Case BriefsHigh Courts

Can someone’s passport be impounded merely because a case under S. 498-A IPC is pending or a red corner notice issued? MP HC unravels

Madhya Pradesh High Court: Sujoy Paul, J., held that the pendency of matrimonial cases alone cannot be a ground to decline the

Case BriefsTribunals/Commissions/Regulatory Bodies

Attachment of Bank Accounts of a Corporate Debtor: Is it violative of S. 14 of IBC during pendency of Corporate Insolvency Resolution Process? NCLT explains

National Company Law Tribunal, Mumbai Bench: The Coram of H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member directed that