Case Briefs Archives

Supreme Court issues directions addressing rise in dog bites incidents within institutional areas & road accidents caused by stray cattle

“The State and its instrumentalities bear an affirmative obligation to ensure that no citizen, least of all children, elderly people and patients, are exposed to preventable injury or disease within public premises”.

suppression of criminal antecedents by election candidate

Case Briefs Supreme Court

Non-disclosure/suppression of previous conviction by candidate renders election void; hampers free exercise of electoral right: Supreme Court

Non-furnishing information pertaining to criminal antecedents has the effect of causing undue influence which creates an impediment in the free exercise of electoral right by a voter.

Case Briefs High Courts

‘Endangers public health, strikes at root of societal imbalance’: Telangana HC on spread of Narcotic Substances

“Public health and safety form an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India.”

Case Briefs High Courts

“The film is an inspiration and fiction”: Madhya Pradesh HC denies relief to Shah Bano’s daughter against release of ‘Haq’ Movie

“Since the film is an inspiration and a fiction, some amount of leeway is certainly permissible and merely because the same is done, it cannot be said that there has been any sensationalization or false portrayal.”

Case Briefs High Courts

First wife not a silent spectator; Must be heard before registration of Muslim man’s second marriage: Kerala HC

“The Court cannot ignore the feelings of the first wife and allow a Muslim man to march over her, for registering his second marriage, without notice to the first wife.”

Case Briefs High Courts

‘100 lives lost in 2 weeks’: Rajasthan High Court takes suo moto cognizance of recurring road accident deaths, seeks Centre and State response

“It is of grave concern that, while the nation places immense value on its human resource, widespread apathy and negligence among citizens regarding public and road safety continue to magnify societal anguish.”

Case Briefs Supreme Court

Communicating the grounds of arrest mandatory; Non-compliance would render the arrest and subsequent remand as illegal: Supreme Court

“The arrest of an individual invariably impacts not only the person arrested himself, but also the persons associated with him, i.e. family, friends, relatives, etc., affecting their psychological balance and overall social well-being”.

Family property dispute under Senior Citizens Act

Case Briefs High Courts

Settling family property disputes under Maintenance & Welfare of Parents & Senior Citizens Act, 2007 is against its object: Punjab and Haryana High Court

In the case at hand, a transfer deed was executed between a senior citizen and his grandchildren, which stated that the transfer was subject to the condition that the transferee would provide the senior citizen with basic amenities.

Case Briefs High Courts

Chinese Manjha Deaths Case: Chhattisgarh HC disposes PIL, directs State to ensure strict implementation of ban on manufacture, sale, storage, & use of manjha

“The State is expected to remain vigilant and adopt all preventive steps to safeguard the lives and safety of its citizens.”

Case Briefs High Courts

Madras High Court: Elderly wife’s silent suffering is not consent, marriage doesn’t entitle men to unquestioned authority

“Protecting octogenarian women who have lived entire lifetimes within oppressive domestic environments is not merely an act of legal redress, but a reaffirmation of the constitutional promise of dignity under Article 21 of the Constitution.”

Case Briefs High Courts

Patna HC denies relief to RJD candidate Sweta Suman for her nomination rejection in upcoming Bihar Polls

“If any interim or final orders are passed at this stage, it would directly affect the election process and would have the effect of delaying or protracting the election process, which admittedly has already commenced.”

Mere taunts not cruelty under Section 498A

Case Briefs High Courts

Mere taunts, casual references, vague assertions or general family friction not “cruelty” under Section 498A: Delhi High Court

While general allegations may suffice for the purpose of investigation being commenced, the same is not sufficient for the continuance of consequent proceedings.

stage carriage permit inter-state routes

Case Briefs Supreme Court

Supreme Court prioritises passenger interests, bars private bus operators on inter-state routes overlapping notified intra-state routes

“None can possibly dispute that the nation having made substantial progress in the road transport sector, interests of passengers and commuters ought to be of prime concern for the transport authorities; in this case, of both the States, i.e., UP and MP”

Case Briefs High Courts

Application for consolidation of multiple suits is not maintainable under S. 10 CPC: Himachal Pradesh HC

“Section 10 CPC relates to the principle of res subjudice wherein, a subsequent suit filed between the same parties on the same cause must be stayed in the light of the pendency of the earlier suit. It is not concerned with the issue of clubbing or consolidating the cases.”

Case Briefs High Courts

Orissa High Court: Plaintiff as dominus litis cannot be compelled to implead intervenors without clear grounds for relief

“The plaintiff being dominus litis cannot be forced to implead someone against whom he does not specifically seek any relief. It goes without saying that if he has chosen not to, he does so at his own risk.”

Case Briefs High Courts

Mandatory Attendance Cannot Cost a Student’s Life: Delhi High Court directs nationwide reform in legal education after Sushant Rohilla case

The intervening parties, including the family of the deceased student have exhibited enormous resilience and deserve to be commended for continuing to pursue the cause, despite the enormous tragedy which struck them with the demise of the student – Sushant Rohilla who has now left a permanent and indelible mark in the legal education space.

false promise of marriage versus breach of promise

Case Briefs High Courts

False promise of marriage not same as breach of promise: Delhi High Court grants anticipatory bail in Rape case

Criminal law cannot be used as an instrument of coercion or revenge when a consensual relationship turns sour. The protection of personal liberty, as enshrined under Article 21 of the Constitution, must remain paramount, especially when the allegations appear to be exaggerated or motivated.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Grieving Father allegedly forced to bribe Ambulance, Police & Crematorium Staff; NHRC intervenes

The NHRC has issued notices to the Chief Secretary and the Director General of Police, Karnataka, calling for a detailed report on the matter within two weeks.

Case Briefs High Courts

“Action taken by State only an eye-wash”: Chhattisgarh HC seeks strict solutions against road hooliganism

“If such action is what the State considers adequate for violations of rules and regulations under the law, it would only demonstrate a careless effort on the part of the authorities, lacking seriousness to check such incidents wherein highways and public streets are being used for celebrating birthdays by affluent individuals as well as others.”

CCI’s power to examine patented products dispute

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI lacks power to examine dispute over patented products: NCLAT dismisses appeal against Vifor International

In the present case, the issue was whether CCI has power to examine the case, where the subject matter was protected by the Patent Act. The Tribunal observed that Section 3(5) of the Competition Act, 2002 states that the Competition Act will not restrict the right of any person in protecting his rights under the Patent Act.