Case Briefs Archives

Convenience of litigants weigh more than that of advocates; Andhra Pradesh High Court upholds shifting of Court from Machilipatnam to Avanigadda

“The distance between Avanigadda and Machilipatnam is approximately 35 km. Litigants from the Avanigadda area would be relieved from having to traverse that distance to file their cases on each and every date of hearing.”

Case Briefs High Courts

‘Need for vigilance at entry point rather than indiscriminate denial of bail’; Punjab & Haryana HC grants bail to foreigner in Rs 2.81 Crore cyber fraud case

“When a foreign national faces criminal prosecution within Indian jurisdiction, legal proceedings may tether them to the country, disrupting their academic aspirations, familial responsibilities, commercial enterprises, and personal liberties.Justice delayed is justice denied, but in the context of foreign nationals, justice prolonged is justice misplaced.”

Case Briefs High Courts

S. 24 CPC cannot be invoked for proceedings filed without jurisdiction, Order VII Rule 10 CPC has to be invoked: Bombay High Court

The Court held that when any Civil Court holds that it lacks jurisdiction over the subject matter of the suit or application, it had to pass order under Order VII Rule 10 of CPC for return of plaint, and procedure of transfer of proceeding under Section 24 of CPC could not be invoked.

Case Briefs High Courts

Exemption requests of sexual violence victims deserve sensitivity unlike those of hardened criminals: Delhi High Court

One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever etc, caused by nervousness and agony.

Direct transfer motor accident compensation

Case Briefs Supreme Court

Supreme Court advocates direct bank transfer of compensation to streamline motor accident claims process

“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”

Case Briefs High Courts

Commenting on colleague’s hair that she must be using JCB to manage them, not sexual harassment; Bombay HC sets aside Industrial Court’s order

The Internal Complaints Committee of HDFC Sales (P) Ltd. did not consider the important issue that whether the allegations levelled against the petitioner in really constituted sexual harassment to the complainant.

Case Briefs High Courts

‘Section 482 of CrPC cannot be used as an instrument to short circuit prosecution and bring its sudden death’; Delhi HC dismisses petition seeking to quash FIRs

When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.

Case Briefs High Courts

‘Parens Patriae obligates Court to ensure justice not reduced to mere private settlement’; P&H HC refuses to quash abetment to suicide case on basis of compromise

“By allowing legal heirs to settle such cases unilaterally, the justice system would fail in its duty to hold perpetrators accountable, since the crime does not affect only the family but has wider ramifications for society at large.”

Case Briefs High Courts

‘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.