Case Briefs Archives

MP High Court calls for report on Legal Aid provided to undertrials/convicts in filing Bail applications, appeals & revisions

In the instant matter, appellant was a poor person having no source of earning and there was no one in the immediate family to take care which caused delay in filing the appeal.

Case Briefs High Courts

‘Illegal construction by residents, cannot claim vested right for resettlement & rehabilitation’; Gujarat HC refuses to stay demolition drive on Chandola Lake

The Court stated that since the land was a notified water body and no construction could be permitted on it, the constructions carried out by the residents was illegal.

Digital KYC acid attack victimsvisually impaired

Case Briefs Supreme Court

‘Right to digital access intrinsic component of right to life & liberty’; SC issues Directives to ease Digital KYC for acid attack victims/visually impaired

“Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life”.

Case Briefs High Courts

Bar Associations not ‘State’ under Art. 12 of Constitution, hence writ petition under Art. 226 not maintainable against them: Bombay HC

The bar associations are either societies registered under the Societies Registration Act, 1860, or trusts; are governed by their own byelaws or rules and there is no pervasive control of the Government or even of the Bar Council on the bar associations.

Case Briefs High Courts

Offence under POCSO Act not against individual but against society; Subsequent marriage between accused and victim does not erase the crime: Madras HC

“Offence under the POCSO Act is not against individual and it is against the Society. Hence, the subsequent marriage between the convict and the victim will not take away the offence committed by the convict when the victim girl was a child. If the defence of subsequent marriage or the elopement is accepted, then the purpose of enactment of the POCSO Act would get defeated.”

Case Briefs High Courts

Meghalaya HC closes suo motu PIL to protect wetlands, considering none of the sites qualified as Ramsar site

The Supreme Court had directed the High Court to pass suitable orders for the State for the identification, preservation, and maintenance of these waterbodies in accordance with the resolution taken in the Ramsar Convention.

Case Briefs High Courts

Karnataka HC emphasises on the need for Investigating Officers acquainted with technology to tackle emerging cybercrimes

“An ordinary Investigating Officer or a conventional Investigating Officer would not be so equipped with such emerging crimes to decode the labyrinth of cybercrimes”.

Leave encashment under Sikkim Leave Rules

Case Briefs Supreme Court

Supreme Court overturns Sikkim High Court ruling on leave encashment for re-employed retired government employees beyond 300 days under Sikkim Leave Rules

While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.

Case Briefs High Courts

‘Mother equal natural guardian, cannot be implicated in kidnapping her child’; P&H HC dismisses uncle’s habeas corpus plea for custody of 12-year-old nephew

The Court noted that the mother, who ordinarily resides in Australia, merely responded to the distress call of her child who was left with the house help by his father while he was on a business trip.

Case Briefs High Courts

Delhi HC dismisses BSNL’s appeal; Upholds ₹43.52 cr. arbitration award in favour of Vihaan Networks for pre-contractual work on 2G Network in Northeast

The genesis of the dispute lay in the Notice Inviting Tender by BSNL, acting on behalf of the Universal Services Obligation Fund, for the establishment and maintenance of 2G GSM BSS Network in remote and insurgency-affected areas of Arunachal Pradesh and Assam.

Case Briefs High Courts

Services provided to individual by advocate or firm are exempted from levy of service tax; Orissa HC quashes Rs. 2 Lakhs service tax notice

Services provided by an advocate or a Partnership firm of advocates providing legal services to any person other than a business entity and a business entity with a turnover up to rupees ten lakhs in the preceding financial year are exempted from the levy of service tax.

Case Briefs Supreme Court

Honour killing, an odious crime & ugly reality of deeply entrenched caste structure; must get a strong measure of punishment: SC

In the instant case, a young married couple in their early 20s were murdered via administering them poison in full view of the villagers.

Case Briefs High Courts

‘Non-bailable warrants must not be issued mechanically’; Punjab & Haryana HC quashes bail cancellation order of accused who missed one hearing due to ill health

“The issuance of non bailable warrants must not be exercised in a mechanical manner. It must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course.”

Case Briefs High Courts

MP High Court upholds Civil Judge’s dismissal for delivering verdicts in several criminal cases without writing judgments

“A judicial officer cannot pronounce the concluding portion of his judgment in open court without the entire text of the judgment being prepared/dictated.”

Case Briefs High Courts

‘Recording of evidence crucial part of trial’; Bombay HC denies relief to police officer who laughed at a Judge while deposing on video conference

A request by the Trial Judge to the petitioner-police officer’s superior Officer to frame Standard Operating Procedure (SOPs) for investigating agencies in giving evidence through video conference does not imply any personal vendetta of the Trial Judge against the police officer.

Case Briefs High Courts

Husband’s girlfriend not a ‘relative’ for prosecution under S. 498A IPC’; Gujarat HC quashes cruelty case

The Court held that the petitioner was the alleged girlfriend of the complainant’s husband, and no other status or relation had been assigned to her for prosecution under Section 498A of the IPC.

Case Briefs High Courts

Expenditure on Overburden Removal is Capital Expenditure, hence not deductible under S. 37(1) of Income Tax Act: MP High Court

‘Employee and community welfare expenditures incurred under statutory obligations or National Coal Wage Agreements are allowable business expenses under Section 37(1), being commercially expedient.’

Case Briefs High Courts

Delhi High Court refuses injunction against YouTuber in Doctor’s Choice Protein Review Case, Upholds influencer’s free speech backed by lab reports

Influencer marketing has emerged as a pivotal force in India’s digital landscape reshaping how consumers connect with brands across sectors, from fashion and beauty to food, technology and finance.

Case Briefs High Courts

‘Indian Courts not for sidestepping jurisdictional proceedings by foreign nationals’; P&H HC grants custody to Canadian woman whose husband allegedly abducted their son

“Permitting the husband to retain the custody of the minor son, despite an unequivocal foreign custody order to the contrary, would be antithetical not only to the legal rights of the petitioner but also to the rule of law, international comity, and, above all, the welfare of the child.”

Case Briefs High Courts

Hathras gang rape & murder case| Allahabad High Court refuses to quash criminal proceedings against suspended SHO

“Facts emerged in investigation not only indicate lack of sensitivity but dereliction of duty on part of accused, and act and omissions of accused violate the provisions of law and rules.”