Case Briefs Archives

‘Adopted similar modus operandi of habitually entering into dubious transactions’; Bombay HC rejects anticipatory bail plea of real estate agent who allegedly conspired to cheat restaurant owner

The applicant did not approach the Court with clean hands which is the sine qua non, in an application for pre-arrest bail and the complaint has merit for which the applicant may have to be interrogated for effective and appropriate investigation as the law would mandate.

Case Briefs Supreme Court

[Forest Conservation] | Supreme Court directs constitution of SITs to investigate illegal conversions of Forest Land

In the instant case, reserved Forest Land in Village Kondhwa Budruk, Pune was allotted to private builders after bypassing the doctrine of public trust, thereby revealing an unholy nexus of Politicians, Bureaucrats and the Builders.

Case Briefs High Courts

‘Example of internet-famous, unqualified quacks exploiting people’s insecurities’; P&H HC refuses anticipatory bail to influencer whose hair oil allegedly injured 71 people

“One cannot overlook the role played by the so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world. In a bid to meet these fickle societal standards of beauty, vulnerable people go to extreme lengths and even undergo risky procedures.”

Case Briefs High Courts

Rajasthan High Court seeks State’s response on denial to extend the tenure of Chairman and Members of Permanent Lok Adalat

The Court cautioned respondent 4 (Principal Secretary, Law and Legal Affairs Department) to remain “alive to his duty” to file a proper and complete affidavit.

Case Briefs High Courts

Prolonged incarceration undermines right to life and liberty; conditional liberty must take precedence over statutory restrictions u/s 21 of MCOCA: Delhi HC

The accused has spent more than six years in custody, despite which, the matter is still at the stage of examination of prosecution witnesses and only 11 out of 100 witnesses are examined till now.

Case Briefs High Courts

‘Merely providing wrong policy number doesn’t rule out insurance company’s liability’; Jharkhand HC refuses relief to Reliance Insurance for carpenter’s death

“The claimants are not supposed to know the exact policy number, and they have gathered it from somewhere and produced it before the Motor Vehicle Accident Claim Tribunal.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘LOCs can’t be treated as guarantee under S. 126 of Contract Act’; Arbitral Tribunal refuses liability of Zee & Essel in repaying loan given to SNL by Aditya Birla Finance

“Zee and Essel undertook to ensure that SNL would fulfil its obligations and assured that the outstanding amount would be paid. To treat the said LOCs as guarantees would amount to adding words which were not written.”

Case Briefs High Courts

MP High Court deprecates practice of Advocates filing affidavit affirming client’s factual assertions; directs Bar Association to issue guidelines

‘Fact that the appellant is falsely implicated and has not committed any crime, can’t be verified by an Advocate as he was not present at the time of incident.’

Case Briefs Supreme Court

Supreme Court urges sensitization of officials and creation of more POCSO Courts to combat delays in child rape trials

“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained.”

Case Briefs Supreme Court

Claims can’t be bisected into arbitrable and non-arbitrable at the stage of appointment of arbitrator under Section 11 of A&C Act: Supreme Court

“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”

Case Briefs High Courts

‘Illegality is inherently incurable’; Bombay HC upholds demolition order against Aaryans World School, Pune for illegal structure

The Gram Panchayat’s permission/NOC has no relevance, and the required permission ought to have been obtained from the Collector in the absence of any Authority.

Case Briefs High Courts

Rajasthan High Court takes suo moto action over non-functioning of 16 Permanent Lok Adalats

The Court noted that although courts generally refrain from interfering in government policy, they are constitutionally obligated to intervene when such decisions infringe upon rights like access to justice or fair trial.

Case Briefs Supreme Court

Supreme Court directs High Courts to frame or amend rules for recruitment and service conditions for Court Managers; Issues directions for their regularisation

“The Court Managers having served for years, after rendering their services for such a long period, if they are not made permanent and are to be thrown away at this stage, it would cause a great hardship to them”

Case Briefs Supreme Court

Supreme Court urges courts to exercise suo motu powers in cases involving misleading arbitration clauses drafted by lawyers

“What is most shocking to our judicial conscience is the incontrovertible reality that the parties in the present cases have spent nigh a decade acrimoniously litigating over the method of dispute resolution itself, while their actual qualms against each other remain deeply buried under the surface—effectively stuck in limbo.”

Case Briefs High Courts

All that MP High Court said on registration of FIR against BJP Minister Vijay Shah in Col. Sofiya Qureshi Remark Case

“This is gross subterfuge on the part of the of the State. The FIR has been drawn in a manner so as to assist the suspect Mr. Vijay Shah to be able to have the FIR quashed on a later date.”

Case Briefs High Courts

Objections under S. 47 CPC not allowed in enforcement proceedings of arbitral award, allowing such objection undermines S.34 A&C Act: Delhi HC

“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”

Case Briefs High Courts

‘Doctors have no incentive to willfully endanger life in trust-driven healthcare ecosystem’; Rajasthan High Court quashes FIR alleging Medical Negligence

“The solemn obligation of the legal system is to distinguish between misfortune and culpability, and to ensure that human suffering, however profound, does not substitute for proof required under the law.”

Case Briefs High Courts

Public Information Officer neither has power nor duty to conduct an inquiry under Section 7 of Right to Information Act: Kerala High Court

“Assuming that there is negligence on the part of the petitioner to that extent, an isolated instance of negligence as alleged against the petitioner cannot be a reason to decline approval to the appointment of the petitioner as Principal which was made after a due selection process.”

Case Briefs High Courts

‘Article 20(3) of Constitution not attracted’; Bombay HC orders wife to give voice sample to verify husband’s claim of extra marital affair

The Magistrate in the matters of domestic violence has the power to adopt the procedure as per Section 28(2) of the Protection of Women from Domestic Violence Act, 2005 and exercise of such power depends on the facts and circumstances of each case.

Case Briefs High Courts

Bigamy not applicable to Muslim man under Mohammedan Law unless second marriage is void under Shariat: Allahabad High Court

Allahabad High Court highlighted that the Quran permits polygamy for just and fair reasons, but in modern times, this provision is often misused for selfish purposes.