Case Briefs Archives

Two men walk free after 43 years as Allahabad HC acquits them in 1977 murder case

“The failure of the prosecution to explain the genesis and origin of the occurrence has the effect of prosecution failing to bring on record the correct version of the event.”

Case Briefs High Courts

[Section 509 IPC] Delhi High Court reinforces validity of amicable settlements in ‘In-Flight Staring’ FIR case

On 28-05-2024, the complainant while flying from Indore to Delhi alleged that co-passenger stared at her persistently, causing discomfort.

Case Briefs High Courts

“Farmers’ protest against Jawai Dam water distribution as democratic dissent stemmed from genuine resentment”; Rajasthan High Court quashes FIR

“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”

Case Briefs High Courts

Inside Madras High Court’s decision recognising same-sex couples’ right to form a family

“Marriage is not the sole mode to found a family. The concept of “chosen family” is now well-settled and acknowledged in LGBTQIA+ jurisprudence. The Supreme Court may not have may not have legalised marriage between same sex couples; they can very well form a family”.

Case Briefs District Court

Mumbai Court rejects bail plea of lawyer who cheated client of Rs 2.45 crore by fabricating Bombay High Court orders

The applicant in his WhatsApp chat with his accountant, has stated about the stay granted by the Bombay High Court, and from the chats, it is clear that after the date of the fabricated orders, huge amounts are transferred to his and his friends/associates accounts.

Case Briefs High Courts

Calcutta High Court rebukes Kolkata Municipal Corporation for inadequate inspection in La Martiniere Boys’ School building collapse; Directs fresh inspection

The Court observed that the report submitted by the Kolkata Municipal Corporation lacked crucial particulars and failed to meet the substance and spirit of the earlier inspection order.

Case Briefs High Courts

‘Magistrate may ascertain arrestee’s condition through video conferencing or personal visit’: Gauhati HC grants bail to hospitalised arrestee not produced in 24 hours

‘Unless an order of remand under Section 187of the BNSS is passed, the initial arrest of the arrestee beyond the period of 24 hours from the time of his arrest will become illegal.’

Case Briefs High Courts

Know why Patna High Court allowed the rectification of form GSTR 3B on par with the contents of GSTR- 1

“In the government, there is no system of rectification of any return once it is filed. However, petitioner had submitted application to rectify GST 3B on par with the GSTR 1 relating to certain total taxable value, total integrated tax, total CGST, total SGST.”

Case Briefs High Courts

‘Possibility of accused exploiting victim’s fear can’t be ruled out’; Rajasthan High Court refuses to quash FIRs alleging rape on false promise of marriage

“In Indian societal norms, the matters relating to sexual assault in large number of cases are not being reported by women timely… The possibility of accused taking benefit of the situation… cannot be ruled out.”

Case Briefs High Courts

‘Selection done in slipshod manner’; Punjab and Haryana HC holds Haryana’s socio-economic bonus marks in civil service exams as unconstitutional

“The process adopted by the State must fall within the four corners of the ethos of the Constitution and equality clause, the writ petitions cannot be dismissed on technical grounds.”

Case Briefs High Courts

Bombay HC grants bail to a man allegedly involved in vehicle registration scam by forging documents

In the present case, the crime pertains to a scam, wherein vehicles from other states and/or the vehicles which could not have been registered, were registered in the State of Maharashtra by creating false documents with the involvement of government officials.

Case Briefs High Courts

‘Punishment of juvenile in conflict with law is not the purpose of juvenile justice’; Patna HC sets aside order of conviction against juvenile under Arms Act

“The J.J. Act, 2000 is based on our belief that children are the future of the society and in case they go into conflict with law under some circumstances, they should be reformed and rehabilitated and not punished. No society can afford to punish its children”.

Case Briefs High Courts

False 498-A complaint and acquittal amount to ‘mental Cruelty’: Andhra Pradesh High Court affirms divorce after 29 years of separation

“The ill conduct must be persistent for a lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer.”

Case Briefs High Courts

‘Deplorable approach adopted by Union towards its own army personnel’; Punjab and Haryana HC rejects pleas against rounding off disability element of disability pension

“Unnecessary litigation is being burdened both before the AFT as well as before this Court on account of insensitiveness and an attitude for not complying with the Supreme Court’s judgments which have attained finality.”

Case Briefs High Courts

Calcutta High Court Grants Bail and Police Protection in FIR Against Law Student Over Alleged Blasphemous Post

Calcutta High Court observed that the impugned order appears to have been issued in oversight of the directions issued in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

Case Briefs Supreme Court

Supreme Court appoints Committee to address concerns regarding Critical Tiger Habitat in Ranthambhore Tiger Reserve

The applicant had raised concerns related to excess crowds at Trinetra Ganesh Temple; illegal mining and commercial constructions and lack of conservation, thereby affecting the delicate ecology of Ranthambore Tiger Reserve.

Case Briefs High Courts

Rajasthan High Court quashes Revenue Court’s order due to procedural lapse; calls for establishing Administrative Judicial Academy for legal training in Revenue Courts

“An independent and efficient judiciary is the bedrock of any democracy. In India, the increasing complexity of legal disputes burgeoning caseloads and evolving dimensions of justice delivery have necessitated continuous judicial education.”

Case Briefs High Courts

Public shaming of students for financial default is mental harassment, harms child’s psychological well-being: Delhi High Court on DPS Dwarka Controversy

“The driving force and character of a school is rooted not in profit maximisation but in public welfare, nation building and the holistic development of children. The primary objective of a school is to impart education and inculcate values, not to operate as a business enterprise.”

Case Briefs High Courts

Inside Kerala High Court’s groundbreaking ruling allowing Transgender Couple to be listed as Gender-Neutral “Parents” on Birth Certificate

“If a certificate, as sought by the petitioners, advances the welfare, interests, and rights of the petitioners or the class/category they fall in, particularly when their rights originate from the Articles of the Constitution, without offending any of the rights of the third parties and without doing violence to any statutory provisions, the Court need not hesitate to step in and to issue appropriate directions to issue the certificate.”

Case Briefs High Courts

‘Withdrawal of premature retirement allowed before effective date’; Himachal Pradesh HC reinstates Government Degree College’s Principal under CCS Rules

“The appointing authority has no discretion to refuse withdrawal if the request is made before the notice period lapses and before the retirement has actually taken effect. The employee cannot be treated as functus officio during the notice period”.