Case Briefs Archives

MP High Court issues notice to Kareena Kapoor Khan for use of word ‘Bible’ in her pregnancy book’s title

Whether the use of the word “bible” in the title of Kareena Kapoor Khan’s book constitutes an act that offends religious sentiments, specifically those of Christians?

Case Briefs High Courts

[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court

“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”

Case Briefs High Courts

‘Unjust retention of money or another’s property is against fundamental principles of justice, equity and good conscience’; Jharkhand HC imposes Rs. 5 lakhs cost on JBVNL

“The imposition of cost on the party which started litigation without any just cause or took false and frivolous defences is necessary to discourage the dishonest litigant.”

Case Briefs High Courts

‘Review is not an appeal in disguise’: Allahabad HC dismisses review application against Order of Remand

There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.

Case Briefs High Courts

Jharkhand High Court dismisses criminal contempt proceedings against State’s Advocate General and Additional Advocate General

“An advocate has to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other, but he must exercise restraint in using intemperate language during arguments in the Court.”

Case Briefs High Courts

Explained| How Tripura High Court’s order led to building legal regime for protection of captive animals/seized wild animals

A High-Powered Committee was constituted by the High Court to look into transfer/rehabilitation of captive elephants. Later on, the Supreme extended the Committee’s jurisdiction throughout the country for welfare, care and rehabilitation of wild animals including captive elephants.

Case Briefs High Courts

No Appeal lies u/s 117-A of Patents Act 1970 against an Order passed u/s 21(1): Bombay HC reiterates

The impugned Order clearly holds that the petitioner is deemed to have abandoned the application and that it has failed to comply with the requirements of Section 21(1) of the Patents Act, 1970.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Airbnb to pay Rs 5000 to the parents of the 6-month-old infant who was negligently injured by the caretaker during check- out

While cleaning the room during check-out, the caretaker of the resort pulled the sheets from the bed on which the complainant’s 6-month-old child was sleeping wrapped in a blanket. As a result, the child fell on the floor and suffered injuries.

Case Briefs High Courts

Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused

The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.

Case Briefs High Courts

Delhi High Court denies permission to a 20-year-old student to abort ‘viable and normal’ foetus

The Delhi High Court said that foeticide would neither be ethical nor legal since the foetus was viable and normal, causing no danger to the life of the mother.

Case Briefs High Courts

Delhi High Court dismiss PIL seeking directions to allow Delhi CM to interact with the Delhi Assembly for efficient governance

A PIL was filed seeking issuance of directions to GNCTD to provide arrangements for efficient governance of Delhi by allowing the Chief Minister to interact with the Delhi Assembly and Cabinet Ministers via video conferencing subject to any conditions that may be imposed.

Case Briefs High Courts

Madras High Court refuses to transfer 3-year-old son’s custody to biological mother; Grants her liberty to visit him once a week

Madras High Court closed the Habeas Corpus Petition with a liberty to the petitioner to visit her minor child at the house of the respondent 5, once a week

Case Briefs District Court

[Contraband Sampling] Inordinate & unexplained delay of 34 days in filing application u/s 52A NDPS Act; Delhi Court grants bail to foreign national in NDPS case

The accused was a foreign national and was caught with a significant amount of contraband substance, 2975.2 grams of heroin, in his luggage.

Case Briefs High Courts

‘Live in relationship still continues as a stigma in the Indian culture’: Chhattisgarh HC upholds dismissal of father’s application seeking child custody

“It is very easy for the married man to walk out of the live in relationship and in such case the court cannot shut their eyes to the vulnerable condition of the survivor of such distressful live in relationship and children born out of such relationship.”

Case Briefs High Courts

Bombay High Court dismisses plea challenging its “Rules for Presentation and Conduct of Proceedings in Person by Parties”

The “Rules for Presentation and Conduct of Proceedings in Person by Parties” does not apply if a party desires to appear in person when the proceedings are related to applications for temporary bail, parole, furlough, and habeas corpus.

Case Briefs High Courts

‘Retirement benefits are hard-earned benefits, not gifts’: Manipur HC quashes an order demanding deduction from retirement gratuity

“It is well settled that pension is not a bounty, being a hard-earned benefit of an employee who has put in long and dedicated service till the age of retirement.”

Case Briefs High Courts

J&K and Ladakh HC grants bail to relatives accused of gang rape; Takes note of woman’s tendency to improvise allegations involving her in-laws in heinous offences

The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.

Case Briefs High Courts

Provide adequate infrastructure to implement phone calls and e-mulakaat facilities for inmates in prisons: Bombay HC directs State

Counsel for petitioner states that exclusion of Pakistani prisoners from operation of the Government Resolution dated 22-3-2024 is not lawful.

Case Briefs High Courts

[Rape & Murder of 6-yr-old] ‘Every saint has past & every sinner has future, human endeavour should be to hate sin & not sinner’; Orissa HC commutes death sentence to life imprisonment

“In case of no material on record including circumstances to satisfy the ingredients of ‘rape’ or ‘aggravated penetrative sexual assault’ committed on the deceased minor, it would be too risky to convict the accused either under Section 376-AB of the IPC or under Section 6 of the POCSO Act. The ingredients of offence under Section 354 of the were squarely made out.”

Case Briefs High Courts

Pepper Spray could not be used as private defence in absence of any prima facie imminent threat to life: Karnataka HC

The Court noted that pepper spray is undoubtedly a dangerous weapon and refused to quash crime registered against the petitioners for using pepper spray as private defence on respondents during a quarrel.