Case Briefs Archives

Supreme Court finds no illegality in arrest of prime accused in Andhra Pradesh liquor scam case; Upholds High Court Judgment

“If a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest.”

Case Briefs High Courts

‘Now a mother of 25-days old child’; Bombay HC grants anticipatory bail to woman alleged to have assaulted and killed a biker

The applicant’s role, who was at the stage of 30 weeks’ of pregnancy, is of assaulting the deceased with fists and chappal.

Supreme Court quashes rape case over consensual relationship

Case Briefs Supreme Court

‘A consensual relationship turning sour not ground for criminal prosecution’: Supreme Court quashes rape case against 25-year-old

“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.

Case Briefs High Courts

Delhi HC grants interim protection to Sadhguru’s personality rights; restrains misuse of his rights through AI

The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.

Case Briefs High Courts

Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act: Rajasthan High Court

“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT directs Delhi Wetland Authority to trace and restore vanished waterbodies

“Disclose the area with geo-coordinates of each of the water bodies under their management and control as per the revenue record.”

Case Briefs High Courts

Chief Executive Officer, Zila Panchayat, can withdraw Financial Powers of Sarpanch facing corruption charges: MP High Court

“It is the duty of Chief Executive Officer to ensure that no loss of money or property of Panchayat is caused…”

Case Briefs High Courts

Delhi High Court refuses to stay CBI proceedings against Lalu Prasad Yadav in the Land-for-Job corruption case

The present FIR was lodged in the year 2022, almost after a delay of 14 years, whereas CBI has already conducted the investigation from 2009 to 2014 for the same offences by registering PE & RC during this period.

Case Briefs High Courts

Himachal Pradesh HC intervenes in dispute between State and OASYS Cybernetics; Appoints arbitrator on violation of S. 12(5) of A&C Act

The adjudication by an arbitrator should be such that neither of the parties would get even an iota of doubt with regard to impartiality of the arbitrator.

sexual intercourse false promise of marriage

Case Briefs Supreme Court

‘Complainant’s manipulative nature clearly established’; SC quashes FIR against person accused of sexual intercourse under false promise of marriage

The Court opined that the chats depicted the stark reality about the behavioural pattern of the complainant who appeared to be having manipulative and vindictive tendency.

Case Briefs High Courts

Bombay HC declares Anchor Group of Company’s director, Hemang Jadavji Shah’s arrest as illegal and unnecessary; orders immediate release

The Court agreed with Hemang Jadavji Shah’s contention that the intention to keep him in custody was to recover the amount that was sought to be settled in the mediation between the petitioner and his family members.

Case Briefs High Courts

Delhi HC grants bail to film director falsely accused of rape; highlights trend of lodging false complaints of sexual offences

“Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false.”

Case Briefs High Courts

Kerala HC awards Rs. 53 Lakhs to woman rendered disabled in 19-year-old childhood road accident case; says “human suffering can’t be measured in money”

“The appellant was a first standard student at the time of the accident. Due to the injuries sustained, she was unable to continue her education. As a result, she was deprived of the opportunity to experience the normal joys of childhood, adolescence, and youth. In fact, she remained confined to a small room, completely dependent on others, through no fault of her own.”

Case Briefs High Courts

‘Attempt to disrupt communal harmony and reinstate Mughal Order’; MP High Court denies bail under UAPA

“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI restrains former IndusInd MD & CEO Sumant Kathpalia and top executives for alleged Insider Trading in Bank’s shares

SEBI observed that the trades were not routine or incidental but strategically timed to avoid substantial losses which would have occurred had the information been public at the time of trading.

Case Briefs High Courts

‘Elites look down upon those doing small business’; Punjab & Haryana HC rejects plea against street vendors in Manimajra markets, imposes Rs 50,000 cost

“We are a country that now has a homogenous class of Indians. A Tribal lady of a remote village can now be the President, and a worker from the grassroots level may reach up to the highest echelons of the administration.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI bans actor Arshad Warsi and others in a textbook case of ‘pump and dump’ scam orchestrated through false narratives on digital media

SEBI emphasized that the integrity of the securities market is sacrosanct and any attempt to mislead investors, however novel or tech-enabled, would be dealt with strictly under the law.

Case Briefs High Courts

Meghalaya HC allows law student to take final semester exam barred due to short attendance; Recognizes medical hardship as exceptional circumstance

Rule 12 of the Rules of Legal Education, 2008 is to be interpreted reasonably. When it is possible for the student to attend classes and he deliberately or negligently does not do so, the rule would apply. In case of impossibility created by illness, act of God etc., this rule is either not to be applied or to be liberally construed.

Case Briefs High Courts

Forced Unnatural Sex not punishable under S. 377 IPC, but attracts S. 498-A if coupled with cruelty/assault: MP High Court

Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.

Case Briefs High Courts

Delhi High Court directs Centre and Delhi Govt to frame SOP for digital transparency in Labour Law Forums

PIL raised concerns about regular uploading, updating of the proceedings, information relating to video conferencing links, uploading of daily orders, cause lists, and information relating to the Presiding Officers of various forums under various labour laws who are on leave, on their respective official website or on the website of the government.