Case Briefs Archives

Know why Supreme Court held this Company as ‘victim’ within the ambit of S. 2(wa) read with Proviso to S. 372 CrPC?

Holding Asian Paints as ‘victim’ within CrPC, the Court further stated that victim’s right to prefer appeal under Proviso to S. 372 CrPC is not restricted by any other provision of the CrPC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Mere tallying of certain entries does not make loose sheets as complete evidence of purchases and sales’: CESTAT sets aside excise duty demand

Even if the figures in the document are hypothetically taken to be correct figures, still the same must be proved with corroborative evidence otherwise the document becomes irrelevant.

Case Briefs High Courts

All accused persons in 2006 Mumbai Train Blasts acquitted: Inside Bombay HC ruling

“Creating a false appearance of having solved a case by presenting that the accused had been brought to justice gave a misleading sense of resolution. This deceptive closure undermined public trust and falsely reassured society, while in reality, the true threat remained at large.”

Case Briefs High Courts

Finding under S. 33(2)(b) ID Act on fairness of domestic enquiry operates as res judicata in Labour Court proceedings: Karnataka High Court

“The Authority under Section 33(2)(b) of the Industrial Disputes Act, 1947 cannot adjudicate on the merits of the finding in the domestic enquiry or on the penalty, as it has no jurisdiction to adjudicate on the merits of the findings in a domestic enquiry. Those questions have to be adjudicated in a subsequent industrial dispute, if raised.”

Case Briefs Supreme Court

Supreme Court issues notice in dispute over transfer of Ratanshi Premji Charitable trust lands to Fenkin Infotech; Stays Bombay HC order

A Single-Judge Bench of the High Court quashed the sale, pointing out multiple deficiencies in the valuation report issued by the commissioner.

Case Briefs High Courts

“Unfortunate that State pampers only a few sports”: Karnataka HC imposes 2 lakhs fine on Officers for withholding Para-swimmer’s cash prize

“When a man without arms dives into pools and emerges not just victorious, but triumphant on the international stage, the State is expected to salute that spirit, not stifle his rights by red-tapism.”

State adverse possession over private land

Case Briefs High Courts

State cannot forcibly acquire citizen’s land and claim adverse possession or delay to perfect title: J&K and Ladakh HC

“The fundamental right guaranteed to a citizen cannot be said to have been waived by a citizen for remaining silent for long time more particularly when the State has failed in its constitutional obligation to follow the process of land acquisition before taking over the private property of a citizen.”

Case Briefs High Courts

‘Land does not fall under Aravalli Hills’; Punjab and Haryana HC disposes suo motu PIL regarding DLF’s tree felling in Phase 5 Gurugram

“Since none of the khasra numbers in regard to which DLF has been granted permission to fell trees, fall within the Aravalli Hills area, this Court does not deem it appropriate to proceed in the matter especially when DLF was granted permission to fell trees vide different orders after following due process of law.”

Case Briefs Supreme Court

Supreme Court directs Rs 50 Lakhs compensation to J&K Police Constable who was victim of brutal custodial torture

Considering the unprecedented gravity of this custodial torture case, the systematic cover-up orchestrated by local police machinery and institutional bias, the Court directed the transfer of investigation to the CBI.

maintenance a tool to preserve lifestyle

Case Briefs High Courts

Maintenance is no longer a mere handout for subsistence, but rather a tool to maintain/preserve lifestyle: Calcutta High Court

Post separation maintenance should mirror the lifestyle of the wife during period of their married life. Women who have devoted years to domestic responsibilities deserve to maintain a comparable life after separation.

Case Briefs Supreme Court

‘State bears constitutional and moral obligation to uphold rights of disabled prisoners’; SC issues directions for improved accessibility and care

“We make it clear that these directions are issued in the larger public interest to uphold the dignity, and healthcare rights of prisoners with disabilities in all custodial settings. The obligations herein are rooted in India’s constitutional guarantees, statutory mandates, and international human rights commitments.”

Case Briefs High Courts

Gujarat HC: In absence of adoption’s registered document, adoptive parents must establish that child is adopted before 15 years of age with wife’s consent

“No case is made out by the petitioners that a custom or usage is applicable to them which permitted adoption of a person who has attained the age of 15 years.”

Case Briefs High Courts

‘Investigation reveals accused’s active role and link to proceeds of crime’: Kerala HC denies bail in Chinese Loan App Money Laundering Case

“The investigation conducted so far revealed that mule accounts were opened within Kerala with the assistance of persons including the accused.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of reported suicide after alleged custodial torture in Delhi

The NHRC has issued notice to the Delhi Police Commissioner, seeking a detailed report within two weeks.

juvenile accused of heinous offence denied bail

Case Briefs High Courts

Gravity of offence justifies denying bail to juvenile accused of heinous crime: Rajasthan High Court

“The gravity of the offence, specifically, the allegation of mercilessly causing the death of another person, necessitates a cautious approach.”

Case Briefs High Courts

Order of termination on ground of questionable integrity is stigmatic; Holding enquiry mandatory: Rajasthan High Court

“In the present case, since the petitioner was found involved in carrying passengers without tickets and the allegation was that his integrity is questionable, consequently, his services were terminated, therefore, the same can easily be termed as an “order of termination” having been passed with stigma”

man who slit girlfriend's throat convicted

Case Briefs High Courts

Bombay HC upholds conviction & life sentence of man who slit his girlfriend’s throat after she withdrew their marriage application

“The specific defence of the accused was not that the victim died because of his assault rather it was that he inflicted injuries on himself and lost consciousness. Firstly, he suggested that the victim had committed suicide by inflicting those injuries on herself and secondly, he feigned ignorance about what happened after he inflicted those injuries on himself.”

Case Briefs High Courts

Husband compelling wife to share phone or bank account passwords amounts to violation of privacy: Chhattisgarh HC

“The husband cannot compel the wife to share her passwords of the cellphone or bank account and such an act would amount to a violation of privacy and potentially, domestic violence. There should be a balance between marital privacy and the need for transparency and at the same time trust in the relationship.”

Case Briefs Supreme Court

Service Tax Exemption | Whether collection, processing, & storing umbilical cord blood stem cells are ‘healthcare services’? SC answers

Summons and letters were issued to the appellant demanding service tax for the period from 01-07-2012 to 16-02-2014. Furthermore, a show cause notice demanding service tax of Rs. 2,07,29,576 along with interest for services during the afore-stated period was also issued.

Case Briefs High Courts

Karnataka High Court lays down factors to be considered by Trial Courts before granting police protection

The Trial Court cannot order police protection mechanically. Unless the trial Court satisfies itself that there is an imminent need for police aid/police help, it cannot order for police protection on mere request.