Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Matheran Horse Dung Pollution Case | NGT lists matter for next year as it awaits final report by Babasaheb Ambedkar Technological University

The applicants filed an application contending that Matheran hill station and an Eco-Sensitive Zone was facing serious environmental degradation due to the excessive use of horses for tourism and goods transportation.

Case Briefs High Courts

“Marital Rape is not recognised under IPC”; MP High Court upholds husband’s discharge from Section 377 IPC charge

“The definition of ‘rape’ excludes acts between a man and his wife, not below the age of fifteen years, performed during the subsistence of a valid marriage.”

Case Briefs Supreme Court

Decision rendered by Apex Court, at SLP stage or post grant of leave cannot be assailed directly or collaterally under Article 32: Supreme Court affirms

“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”

Case Briefs High Courts

Calcutta High Court appoints sole arbitrator to resolve a dispute over unpaid bills following revised menu directions by IRCTC

The Government of India, Ministry of Railways, by a notification permitted the IRCTC to have a flexibility and customize the menu by including regional cuisines/preferences, seasonal delicacies, festival food, baby food, diabetic food, health food options.

Case Briefs High Courts

Foreign travel will not constitute ‘sufficient cause’ for condonation of delay under S.5 of Limitation Act: Bombay HC

The Court was sympathetic to the difficulty cast on the petitioner on account of restricted movement due to hostile weather and old age, but the Court did not understand as to what precluded his counsel from acting on his behalf.

Case Briefs High Courts

‘Deserves some reprieve in matter of sentence’; Chhattisgarh HC reduces sentence of man convicted under S. 377 IPC for sodomizing his friend after watching porn

Considering the facts and circumstances of the case, overall evidence adduced by the prosecution, the mode and manner in which the incident had taken place, the Court opined that some reprieve in the matter of sentence deserved to be given to the convict who had been incarcerated since more than four years.

Case Briefs High Courts

Delhi High Court sets aside charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father

The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.

Case Briefs High Courts

‘Prolonged pre-trial detention is anathema to Constitution, besides being in violation of human rights’; Madras HC grants bail to former DMK member Jaffer Sadiq in PMLA case

“Needless to say, that if the accused persons are found influencing any witness, it is always open to the prosecution to seek cancellation of bail and as on date, there is no complaint of any tampering or attempt to influence witnesses.”

Case Briefs High Courts

Rajasthan High Court takes suo motu cognizance on Heatwave Crisis in Rajasthan; issues interim directions

The Court strongly remarked “the Government cannot take the excuse that there are no available funds… when it is able to spend substantial funds running in millions on its publicity campaign.”

S. 21 A&C Act notice arbitral tribunal implead

Case Briefs Supreme Court

Non-issue of notice to certain parties under S. 21 of A&C Act does not strip the Arbitral Tribunal of its jurisdiction to implead: SC

“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.

Case Briefs Supreme Court

“Findings in NI Act proceedings bind parties in subsequent cases involving same issue”; Supreme Court affirms applicability of res judicata in criminal matters

The Court noted that the applicability of the principle of res judicata in criminal proceedings has been examined in several of its earlier decisions, which present divergent views.

Case Briefs High Courts

‘Woman is considered as husband’s property and its devastating consequences is well documented in Mahabharata’; Delhi HC discharges man in adultery case

The Court stated that despite having example of Mahabharata to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our society understood this only when the Supreme Court declared Section 497 of Penal Code, 1860 as unconstitutional in Joseph Shine v. Union of India, (2018) 2 SCC 189.

Case Briefs High Courts

Bombay High Court, under parens patriae doctrine, appoints daughter as legal guardian of mother with dementia

The report of the Medical Board as constituted by the Dean of Sassoon General Hospital, Pune, concluded that as per history, past medical records, clinical examination, and psychological assessment, the petitioners’ mother was suffering from Dementia.

Case Briefs High Courts

Incidents of harassment felt by the patients in settling their Final Bills is not an untold story; Delhi High Court dismisses petition on criminal charges against Max Hospital

The mental trauma faced by patients and their families due to delays in insurance approvals is widely recognized. While this frustration may justify claims for compensation for mental harassment, it does not constitute a criminal offense.

Case Briefs High Courts

Employer’s obligation to pay gratuity within 30 days not contingent on employee’s written application post-exit: MP High Court

“Amounts of retiral dues, including gratuity, are not bounties. It is deferred payment to the employee for the long services rendered by him to the Department… The retiral dues are also recognized as property under the Article 300-A of the Constitution.”

Case Briefs Supreme Court

Mere mention of certain psychotropic substances under Drugs & Cosmetics regime would not take them away from the purview of NDPS Act: SC

The Court further held that in order to meet the ends of justice and with a view to ensure that public interest is safeguarded and to give effect to the salutary object behind the enactment of the NDPS Act, the decision in Union of India v. Sanjeev V. Deshpande (2014) 13 SCC 1, must be given retrospective application.

Case Briefs High Courts

Mere liking of a post does not attract penalty under S. 67 of IT Act or constitute a criminal offence: Allahabad High Court

“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”

Case Briefs High Courts

‘Injury to witness is an inbuilt guarantee of his presence at crime scene’; Bombay HC upholds conviction of two members of Chhota Rajan gang

“The conviction can be based on the testimony of a single eyewitness and there is no rule of law or evidence which says to the contrary, provided that the said witness passes the test of reliability.

Case Briefs High Courts

Madras HC expresses concern over criminal behavior among students of prestigious institutions; Recommends formation of special committee to address behavioral issues

“It is disheartening that students of such prestigious institutions have recently been involved in criminal behavior, tarnishing their reputations and jeopardizing their futures.”

Case Briefs Supreme Court

Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers

“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”