Case Briefs Archives

‘Use of ‘may’ in alleged arbitration clause doesn’t indicate clear intention to refer dispute to arbitration’; SC upholds Calcutta HC’s verdict

“Similarly, a clause which states that “if the parties so decide, the disputes shall be referred to arbitration” or “any disputes between parties, if they so agree, shall be referred to arbitration” would not constitute an arbitration agreement”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC initiates process of implementing market coupling in phased manner; directs staff to propose regulatory amendments

“The Commission directs its staff to initiate the consultative process with Grid-India and power exchanges on various operational and procedural aspects for implementing the coupling of day-ahead market.”

Receiving package not conscious possession NDPS

Case Briefs High Courts

‘Merely receiving package, unaware of its contents, not ‘conscious possession’ underNDPS Act’; Delhi HC grants bail to man caught with LSD paper blots

The accused has continuously maintained that he had no knowledge of the parcel and was only collecting it for his neighbour. In this regard, he even showed the NCB officials the WhatsApp message sent to him by his neighbour instructing him to go to collect the parcel. The role ascribed to the accused appears confined to the act of collecting the parcel. There are no incriminating call records, financial transactions or digital communications that show that the accused had purchased any of the contraband seized from him.

Disabled employee salary and other benefits

Case Briefs High Courts

Denial of benefits under Section 20(4) of Rights of Persons with Disability Act violates Article 21: Rajasthan High Court

“The case reflects the insensitivity and apathy of the respondents towards the plight of a disabled person who has been denied for last about five and a half year without any justification which frustrates the laud object of the enactment of the Rights of Persons with Disabilities Act, 2016.”

Case Briefs High Courts

‘Rather than viewing judicial criticism defensively, State embraced institutional reform’; Madras HC closes contempt case over non-implementation of TNPID Act

“What began as a matter of judicial concern has now evolved into a framework that promises tangible relief to affected depositors. This development, though long overdue, marks the beginning of the larger remedial process.”

Case Briefs High Courts

‘Conviction under S 498-A IPC would be unjustified if cruelty is not proven’; Kerala High Court acquits all accused

“In cases of domestic violence, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house.”

Case Briefs High Courts

[POCSO] Calcutta High Court commutes death sentence in rape and murder case to life imprisonment without remission for 60 years

The victim, a minor girl, was abducted, gang-raped, and brutally murdered by the appellants. Her body was later recovered, bearing signs of extreme violence and attempts to destroy evidence.

Case Briefs Supreme Court

High Courts must consider incorporating provision in their respective Rules, obligating disclosure of criminal antecedents by accused persons: Supreme Court

The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of Jhalawar Government School collapse that claimed lives of 7 students and injured 28

The NHRC has issued notices to the Rajasthan Chief Secretary and Jhalawar Superintendent of Police, seeking a detailed report within two weeks.

Case Briefs High Courts

‘Private hospitals treat patients as guinea pig/ATM machines’; Allahabad HC refuses to quash summons in medical negligence case

“This is a case of pure misadventure where the doctor has admitted the patient and after taking go ahead for operation from the patient’s family members, did not perform the operation in time as he was not having the requisite doctor (i.e. anaesthetist) to perform the surgery.”

Google India different entity from Google LLC

Case Briefs High Courts

Google India distinct legal entity than Google LLC, cannot be sued for content posted on Google LLC and YouTube: Karnataka HC

The Court noted that in absence of any specific allegations against Google India regarding derogatory material on their website the respondent cannot proceed against them.

Case Briefs High Courts

“As we sow, so shall we reap”: MP High Court Criticizes Feudal Mindset in Judiciary, Grants Relief to Illegally Terminated District Judge

“Instances of the District Judges personally attending to High Court Judges (as desired by them) on railway platforms and waiting on them with refreshments, are commonplace thus perpetuating a colonial decadence with a sense of entitlement.”

Case Briefs High Courts

‘Authorities stood motionless for 5 years’; Bombay HC imposes Rs 10000 cost each on authorities for failing to act in UIDAI identity fraud case

“The authorities/entities who can assist on Aadhaar number shall be equipped with necessary technology for authentication and such authentication shall be done in accordance with the Aadhaar (Authentication) Regulations, 2021.”

assault on advocate for drafting complaint

Case Briefs High Courts

Kerala HC denies anticipatory bail to nine persons accused of assaulting Advocate for drafting complaint against them

“The fundamental right to have access to courts of law is enabled largely through advocates. If advocates are attacked for drafting complaints, the rule of law will suffer.”

Case Briefs High Courts

Balasore Student self-immolation case | Orissa HC declines judicial SIT probe; Holds ICC accountable

“It is really disturbing that the students, who got admission in a reputed college would be subjected to any sexual harassment and the alacrity is not shown in addressing the grievance in a proper manner”

deficiency in legal aid counsel’s conduct

Case Briefs High Courts

‘Deficiency in conduct of legal aid counsel defeats right to fair trial’: Meghalaya HC orders retrial in POCSO case

It is evident that the lack of effective legal representation has not only violated the fundamental rights of the accused under Article 21 of the Constitution but also seriously prejudiced his defence in the case.

Case Briefs Supreme Court

‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud

The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.

Distributing pamphlets about teachings of Islam

Case Briefs High Courts

Explained: The Case in which Karnataka High Court did not consider Distribution of Pamphlets about teachings of Islam outside Temple as Religious Conversion

The Court observed that the complainant lacked locus standi to lodge an FIR, which could only be lodged by the converted person, their parents, and siblings, or relatives by blood, marriage, adoption, or association.

protecting mental health of coaching college students

Case Briefs Supreme Court

Supreme Court issues comprehensive Guidelines on protecting mental health of young students in coaching centres and colleges

“Mental health is an integral component of the right to life under Article 21 of the Constitution which has been upheld by the Court time and again.”

Case Briefs High Courts

‘Child’s welfare has upper hand over personal law’; Bombay High Court grants custody of 9-year-old minor to the mother

“Flouting interim orders passed by the Court will not disentitle the appellant-mother from retaining custody of the minor child. While exercising parens-patriae jurisdiction, the wish of the minor as well as attending circumstances need to be considered”.