Case Briefs Archives

‘Conviction more than shocking’: Uttaranchal High Court suspends POCSO conviction; grants bail after victim pleads for accused’s liberty

“This is not a case of insufficient evidence, but a case of no evidence at all.”

Madras HC quashes chargesheet against retired district judge in 24-year-old allegation; Cites 4-year limit on disciplinary proceedings against retired officials

“The embargo that the departmental proceedings shall not be initiated in respect of any event which took place more than four years before such institution of chargesheet hits at the root of the respondent.”

Case Briefs High Courts

Bombay HC calls for verification reform in Slum Schemes amid fraudulent entitlement claims using forged documents

“The petitioner has patently made false statement, including the assertion that she is residing at the mercy of her parents. On the contrary, she claims to be a Doctor by profession and has encroached upon land in a prime locality.”

Case Briefs High Courts

‘Organising cock fights violates animal cruelty law; Cultural status cannot be conferred in Tamil Nadu’: Madras HC dismisses plea seeking permission for event

“A writ of mandamus can be issued only to enforce a legal right or a legal duty. The petitioner has no legal right. On the other hand, the statute expressly prohibits an animal fight event organised by human beings.”

Unsaid words likely to promote religious enmity

Case Briefs High Courts

Explained| Why Allahabad High Court ruled that even “unsaid words” in WhatsApp message are likely to promote enmity, hatred between religious communities

“These unsaid words in the message, prima facie, would outrage religious feelings of a class of citizens hailing from a particular community, who would think that they are being targeted because of belonging to a particular religious community.”

SCST Act cannot preclude bank's mortgage right

Case Briefs High Courts

‘SC/ST Act cannot be invoked to preclude exercise of bank’s rights pertaining to mortgage’: Delhi High Court

The National Commission for Scheduled Tribes issued summons to MD and CEO of Axis Bank Ltd. to appear ‘in person’ in complaint regarding alleged commission of atrocities against Respondent 2.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of reported attacks on three journalists in Kerala, Manipur, and Tripura

The NHRC sought detailed reports from the Director Generals of Police of all three states within two weeks.

Case Briefs High Courts

“Apology is accepted; he deserves a chance”: Jharkhand High Court expunges contempt remarks against advocate over hooliganism in open Court

“Apology made by the petitioner in person has got no doubt in mind that contemner in the present case has given or tendered a sincere apology and has satisfied the Court of his undertaking to never repeat such an act again.”

Case Briefs High Courts

Delhi High Court restrains creation of third-party rights in property dispute; holds that subject property must be preserved pending adjudication

The Court noted that the subject property deserves preservation till the appeal is decided.

Case Briefs High Courts

Juvenile Justice Act prevails over Muslim Personal Law; Adopted child entitled to same status as biological child: Madras High Court

“A child below 18 years cannot obviously give consent. So this expression “consent” must be understood as ascertaining its wishes.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of reported abduction and murder of differently abled RTI activist in Gujarat

The NHRC issued notice to the State DGP, calling for a detailed report on the matter within two weeks.

Israel’s obligations in Occupied Territory of Palestine

Case Briefs International Courts

Israel as Occupying Power is obliged to ensure that population of Occupied Palestinian Territory gets the essential supplies of daily life: ICJ

The Court found that the local population in the Gaza Strip has been inadequately supplied within the meaning of Article 59 of the Fourth Geneva Convention. In such a situation, Israel, as the occupying Power, is under an obligation to agree to and facilitate relief schemes.

Case Briefs High Courts

Delhi High Court grants relief to WOW! MOMOS; restrains use of mark WOW BURGER

“The dominant feature of the marks WOW MOMO and WOW BURGER is clearly the prefix ‘WOW’, as the suffix in each mark merely refers to the food item in respect of which the mark is being used. The dominant feature of the two marks, i.e. WOW, is identical.”

Case Briefs High Courts

Arbitral awards carry increased credence when a detailed pre-arbitral process has already been contracted: Bombay High Court

“The Mumbai Metro Rail Corporation Limited entered into a contract, entailing the design and construction of specific stations and tunnels in the Mumbai Metro Rail Project, the bid for which was made by L&T-STEC JV Mumbai before the introduction of Goods and Services Tax.”

Case Briefs Supreme Court

Notice to foreign entity via diplomatic channels under S. 105 CrPC| Supreme Court stays Calcutta HC and Sessions Court orders against UBS Switzerland AG

The Supreme Court’s direction ensures that UBS Switzerland AG will be protected from ex parte adjudication in Indian criminal proceedings. This safeguard will remain in place until the Court examines the issue of serving notice through diplomatic channels.

Case Briefs High Courts

Orissa HC quashes POCSO Court’s bail denial to school Principal accused of failing to report sexual harassment complaint of student

“It is strange, but true that despite making an in-depth analysis of facts and allegations raised against the petitioner, the Trial Court has rejected the bail application of the school Prinicipal and remanded him to custody.”

Case Briefs High Courts

‘Lawyer’s activities not commercial in nature; using residential premises as lawyer’s office not misuse’: Delhi HC quashes 22-year-old complaint

“A commercial activity involves investment of capital, profit and loss and co-operation of labor; on the other hand, the professional service of rendering advice in law is dependent upon one’s own academic qualification and individual skill. These peculiar and distinctive features of the legal profession do not permit its inclusion in commercial or semi-commercial activity, establishment, or institution.”

Res Judicata not applicable to Order 21CPC

Case Briefs High Courts

Orissa HC: Technical defects cannot defeat decree execution; Order 21 CPC excludes Res Judicata principle

“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”

Case Briefs High Courts

Only strong and cogent evidence warrants summoning a new accused under S. 319 CrPC: Rajasthan High Court

“When the injured is silent about the involvement and role of the respondents, then under these circumstances, the statements of other witnesses hardly make any difference.”

Case Briefs High Courts

High time to shift paradigm that civil suits can run for decades: Delhi High Court upholds dismissal of civil suit

“It shows blatant and deliberate design on the part of petitioner to continue to protract the trial court proceedings, which is with the obvious aim to frustrate the respondent into giving up the lis.”