Case Briefs Archives

‘Suicide note did not reveal any serious fight in recent past’; Punjab and Haryana HC grants anticipatory bail to wife accused of abetting husband’s suicide

The Court stated that the Trial Court would examine whether the deceased took a drastic step of ending his life due to the regular and constant instigation of the accused or due to the weakness of his mental health.

Case Briefs High Courts

“No ‘conscious possession’ of ammunition”: Delhi High Court quashes FIR against pilot trainee but imposes cost for lack of vigilance

The petitioner contended that he was undergoing training in South Africa to become a commercial pilot and was sharing a dormitory with other students who frequently borrowed his baggage for trips to shooting ranges for target practice.

Case Briefs Supreme Court

Law with ‘greater degree’ of punishment applies when convicted under IPC and POCSO both: Supreme Court

“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”

Case Briefs High Courts

Rajasthan High Court issues direction for Aviation Infrastructure Development in Jodhpur

“Despite being a historically significant city and a tourist destination, Jodhpur airport remains limited in capacity, with fewer direct flights to and from the major cities. This lack of efficient air travel options makes it less accessible as compared to other major cities of the country, limiting business as well as tourism potential.”

Case Briefs High Courts

Bombay HC grants bail to woman accused of inflicting burn injuries on her niece for spending Rs 10 on chocolates

The applicant, on earlier occasions also, had harassed, ill-treated, and beaten up the victim.

Case Briefs High Courts

‘Mere breach of a promise cannot give rise to criminal prosecution’; Gauhati HC quashes criminal proceedings against doctor accused of cheating man of Rs 2 Lakhs

“The act of breach of trust involves a civil wrong, in which an aggrieved person may seek redressal for damages in Civil Court, but a breach of trust with mens rea gives rise to criminal prosecution.”

Case Briefs High Courts

Companies complying with rules of Ministries and Public Regulators are not ‘State’ under Article 12, unless under pervasive Government control: Allahabad HC

“To determine whether an authority/body would fall under ‘State’ within the meaning of Article 12 would have to be determined on the cumulative facts of financial, functional and administrative dominance and/or control of the Government upon such a body. If such control is factually found, then the body would be treated as ‘State’ within Article 12.”

Case Briefs High Courts

Attempt to commit unnatural sex with minor boy: Kerala High Court reduces convict’s sentence to imprisonment for a day

“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”

Case Briefs High Courts

‘Error in writing the correct figure in words would not make the cheque invalid’; Delhi High Court sets aside discharge order

Overwriting of the date on the cheque has not been considered as a material interpolation meriting dishonour of the cheque.

Case Briefs High Courts

LLP bound by arbitration proceedings relating to its operations/governance, despite not being signatory to LLP Agreement: Bombay HC

Arguing that the LLP is a “third party” to the LLP Agreement is much like arguing that a company is a third party to its own Articles of Association.

Case Briefs High Courts

Delhi High Court grants ₹11 lakh relief to Puma SE in trademark infringement case against counterfeit manufacturer

The infringing materials found on the site of the defendant are counterfeit goods of the plaintiff’s products, affixed with the plaintiff’s registered marks. A clear indicative of the counterfeiting activity towards the plaintiff’s products, are the observations and photographs as attached by the Local Commissioner in its report.

Case Briefs High Courts

‘Compassionate appointment policy cannot be misused’; Gujarat HC rejects plea of mother seeking compassionate appointment for major son from LIC

“The only aim or intention of the petitioner was to get a compassionate appointment for her son in one way or the other, i.e., without disclosing the true and correct facts regarding the financial condition of her family.”

Case Briefs High Courts

Delhi HC grants permanent injunction in favour Eureka Forbes; restrains trade mark and copyright infringement of Aquaguard’s spare parts

Defendant 3 has taken unfair advantage of the reputation and goodwill of the plaintiff’s trade marks/artistic works and has also deceived the unwary consumers of their association with the plaintiff by dishonestly adopting the plaintiff’s registered marks/labels without any plausible explanation.

Case Briefs High Courts

‘No cutting of trees unless imminently dangerous’; Meghalaya HC issues directions to State on manner for processing tree felling applications

The Court directed the State to instruct every applicant to append an annexure to the form, in explanation of the reason: “has become dangerous to life and property”, and show details how the tree has become dangerous to life and property.

Case Briefs Supreme Court

Supreme Court sets aside preventive detention order for ignoring bail conditions imposed by Magistrate for the same offence

Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.

Case Briefs High Courts

Compelling wife to discontinue her studies is equivalent to destroying her dreams & amounts to Mental Cruelty: MP High Court

“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”

Case Briefs High Courts

‘No concern of his obligation to maintain wife and daughters’; Bombay HC sentences husband to Civil prison for 6 months over contempt of maintenance order

The present case is a gross case wherein for six years, the contemnor in every possible manner avoided complying with the orders of the Court.

Case Briefs High Courts

Calcutta High Court rules reduced workload does not affect casual workers’ right to regularization if engaged for substantial period

Employment continuity, not fluctuating duties, determines eligibility for permanent status. Employers cannot evade obligations by altering work conditions.

Case Briefs Supreme Court

Explained | SC verdict slamming ‘builder-banks’ nexus in Delhi NCR and proposing CBI probe

The homebuyers’ case was that almost 70-80% of the loan amounts under subvention schemes were disbursed by the banks to the builders-cum-developers as ‘first tranche’, without due diligence, despite project milestones not having achieved.

hc revisional jurisdiction order relate back

Case Briefs Supreme Court

Order passed by High Court in exercise of its revisional jurisdiction would relate back to the order of the Trial Court: SC

“Although the law allows for travelling back of the revisional order of the High Court, yet it is far from ideal to do so after the passage of a substantial period of time. The correct approach to be adopted in cases like this is that the High Court should direct the Trial Court to stay its proceedings till the revision proceedings in respect of Section 319, CrPC are disposed of.”