Case Briefs Archives

‘Jesus Christ taught us to forgive’: Meghalaya HC accepts Don Bosco management’s apology for demolishing building which was under consideration for ‘heritage building’

“Jesus Christ preached that the satisfaction one gets out of forgiveness is much more than what is reached by inflicting the pain of punishment.”

Case Briefs High Courts

Delhi High Court stays Lokpal proceedings against Rajesh Kumar Singh, Defence Secretary of India

The only allegation from the very inception was that there were irregularities in the promotions conducted by the National Productivity Council on 28-03-2023, which pertain to a period even before petitioner 1 joined as Secretary, DPIIT on 21-01-2023.

Case Briefs High Courts

Gujarat High Court refuses to quash FIR against Sadhvi accused of duping man of Rs 1.25 crores

“The incomplete and hazy facts coming from the record indicates that further investigation is required in the matter.”

Case Briefs High Courts

‘EWS candidates can’t claim age relaxation/additional attempts as a matter of right’: MP High Court upholds executive instructions

“A person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste, which unfortunately, in a casteist society, casts stigma by birth and can never be changed by the person.”

Case Briefs High Courts

Kerala HC directs State to formulate guidelines for ensuring complainant’s anonymity from public domain during inquiry under POSH Act

Recognising the right to privacy as one of the fundamental rights of an individual, the Court noted that a complainant raising such grievances is entitled to ensure that her identity and whereabouts are kept anonymised from the public domain.

Case Briefs High Courts

Delhi HC grants seven months extension to a man’s license for operating Special Minor Unit of New Delhi Railway Station earmarked for Divyang category

Petitioner averred that on account of COVID-19 pandemic, he was unable to operate his SMU and therefore, in light of a policy decision taken by the respondents to give extension, treating the pandemic period as dies non, benefit of extension was granted to the petitioner up to 16-03-2025.

Case Briefs Supreme Court

1990 Kashmir University VC murder case | Supreme Court upholds acquittal of six accused due to procedural lapses in TADA confessions

“In this case, the procedural safeguards were completely disregarded. The Special Court refrained from explicitly stating or declaring that this amounted to an abuse of power and authority. It was indeed a sad reflection on how the investigation and trial unfolded, where truth and justice, for both the victims and the accused, remained elusive. It was not without reason that such draconian provisions have since been repealed”

Case Briefs High Courts

MP High Court stays DCP’s notice summoning Advocate to give statement and signature specimen aiming to breach Advocate-Client Privilege

As an interim measure, the Court restrained the DCP from proceeding further in the matter till the next date of hearing.

Case Briefs Supreme Court

‘Accused and victim now happily married, continuing prosecution would cause unnecessary harassment to them and their children’; SC quashes POCSO proceedings

Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.

Case Briefs High Courts

‘Wife watching porn privately, engaging in self-pleasure do not constitute cruelty to husband’; Madras HC denies divorce to husband

“Self-pleasure is not a forbidden fruit, its indulgence shall not lead to a precipitous fall from the Eden Garden of marriage. After marriage, a woman becomes a spouse, but she continues to retain her individuality. Her fundamental identity as an individual, as a woman, is not subsumed by her spousal status”.

Case Briefs High Courts

‘Quarrels between husband & wife not cruelty under S. 498-A IPC’; Gauhati HC quashes proceedings against husband and in-laws

“Subjecting a married woman to cruelty for want of dowry was the reason for which our legislature has inserted Section 498-A in the Penal Code. In the case at hand, there is no allegation of demand of dowry.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Protection of minority shareholder rights | NCLT lays down structured buy-out mechanism to resolve deadlock between shareholders

The NCLT gave the first right to buy shares to the petitioners and then the Deccan Group. If neither party purchased the other’s shares, the NCLT would consider winding up the company under Section 242(1)(b) of the Companies Act.

Case Briefs High Courts

Grabbing breasts, breaking minor’s Pajama string not attempt to rape, but ‘aggravated sexual assault’: Allahabad HC modifies summoning order

Allahabad High Court concluded that the findings of the court below regarding the offence of attempt to rape in relation to accused persons are not sustainable. Instead, they should be summoned for offence under Section 354(b) of the IPC, read with Section 9 read with Section 10 of the POCSO Act.

Case Briefs High Courts

Delhi HC declares TAJ a well-known trade mark in respect of hotels and other related services in hospitality industry

The long duration and wide geographical area for which the TAJ marks have been in use, their goodwill and reputation due to the extensive promotion and extensive revenue generated by the plaintiff, in India and other countries, the TAJ marks have achieved the status of well-known trade marks.

Case Briefs High Courts

Bombay HC waives statutory cooling-off period for divorce of Yuzvendra Chahal & Dhanashree Verma; Directs Family Court to decide divorce plea by 20th March

As far as the conciliation efforts were concerned, the Court noted that all efforts of mediation/ conciliation to reunite the parties had failed.

Case Briefs High Courts

No fresh cause of action arises from continuing non-compliance with consent decree; Delhi High Court dismisses contempt petition being time-barred

The cause of action to file the present petition arose when respondent 1 failed to pay the balance amount to the petitioner by 31-12-2012 as per clause (vi) of the compromise agreement based on which the consent decree dated 01-06-2009 was passed.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Force Majeure doesn’t absolve Corporate Debtor from contractual obligations; NCLT directs initiation of CIRP against Corporate Debtor

The NCLT acknowledged the impact of force majeure events, particularly the unprecedented rise in coal prices and operational disruptions caused by the COVID-19 pandemic on Corporate Debtor.

Case Briefs High Courts

Court of Chief Judicial Magistrate cannot transfer a case from one Court or another on application or suo motu under Section 450 BNSS: Delhi HC

The Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction, unless an order is passed by the High Court under Section 10(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.

Case Briefs Supreme Court

‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP

Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.

Case Briefs High Courts

‘Returning money does not end the crime’; Bombay HC denies anticipatory bail to bank employee accused of siphoning Rs. 46.58 Lakhs

The bank in question was a co-operative bank located at a remote Taluka in Maharashtra. The customers were small shop keepers and local villagers who had very meagre income. The accused took advantage of such situation and siphoned their money.