Case Briefs Archives

Delhi High Court rejects Air Force officer’s plea to quash domestic violence case filed by wife

Even if the contention of the petitioner is accepted that there was no domestic violence, then too her right to claim residence is still maintainable.

Case Briefs Supreme Court

Road Accident | SC grants interim bail to accused due to his father’s compassionate endeavour towards victim’s orphaned minors

The accused person’s Creta car dashed against the scooty on which the deceased couple was travelling along with their daughter. Due of the impact, couple died on the spot and their daughter was seriously injured. After the death of couple, the injured daughter and two other minor children of the couple became orphan.

Case Briefs High Courts

Reformative approach be taken while evaluating past youthful indiscretions of candidates seeking government employment: Rajasthan High Court

The Court called for a mechanism to be devised in juvenile justice system by expungement of records for minor offenses committed by youth so as enable their easier rehabilitation and also prevent youthful mistakes from becoming lifelong barriers to personal and professional growth.

Case Briefs High Courts

Maintainability of proceedings under S. 148A(b) of Income Tax Act post-enforcement of Finance (No. 2) Act, 2024: Read Allahabad HC’s ruling

The Finance Act No. 02 of 2024, which came into effect on 01-09-2024, brought about significant amendments to the Income Tax Act. Among the key changes are revisions to Sections 148 and 148A, which pertain to the provisions for assessment and reassessment of income. In addition, Section 152 has been amended to introduce two new sub-sections.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT rejects Vedanta Ltd.’s demerger plan over non-disclosure of SEPCO’s debt and procedural irregularities

“The present one is a case where material facts have not been disclosed by the Applicant Company, violating Section 230 (2)(a) of the Companies Act, 2013, which in our considered opinion is bound to prejudice the public interest at large.”

Case Briefs High Courts

Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC: Bombay HC

The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.

Case Briefs High Courts

‘It is an administrative decision to be taken by the Kolkata Metro Rail’; Calcutta High Court dismisses PIL seeking additional Kolkata Metro Services on Blue Line

A PIL was filed seeking a direction upon the railway administration to introduce at least four additional metro services between 9:40 p.m. and 10:40 p.m. on the Blue Line of Kolkata Metro Railway, covering the route from Dakshineshwar to Kavi Subhas Stations.

Case Briefs High Courts

Gujarat HC stays order allowing law graduates from allegedly unrecognized institutes to participate in the Civil Judge recruitment process

None of the graduates can point out that under which provisions of law, they can be allowed to appear in the recruitment process. Neither they are eligible as per the requirement of Rule 7(2)(b) of the Gujarat State Judicial Service Rule, 2005 nor they have been able to satisfy that they are holding the Provisional Certificate issued by the authorities.

Case Briefs High Courts

Delhi HC directs to conclude trial of acid attack accused in a month; Issues directions for compliance of higher courts’ order to conclude trials in time bound manner

It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.

Case Briefs Supreme Court

Supreme Court rules washing, cleaning, and dry-cleaning as ‘Manufacturing Process’ under Factories Act, 1948

“It is very clear that Section 2(g) of the Factories Act, 1934 did not have the words ‘washing, cleaning’ and they have been specifically brought in the Factories Act, 1948 with a clear object of bringing into the fold of the Act undertakings excluded from the scope of the 1934 Act.”

Case Briefs High Courts

‘Nothing substantial in trial, matter adjourned almost 78 times’; Gujarat HC grants bail to accused in NDPS case

“Bleak hope of any speedy trial in the matter.”

Case Briefs High Courts

‘Students should not be barred from carrying smartphones’; Delhi High Court issues guiding principles for the use of smartphones in schools

The factual matrix in this case presented a situation in which a minor student was visited with certain consequences by reason of misusing a smartphone while in school.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Electricity is an “essential service” under Section 14(2) IBC; can’t be discontinued even if dues remain unpaid during CIRP: NCLAT

“If the Corporate Debtor operates as a manufacturing facility, then electricity may be treated as critical service by the insolvency professional and the dues for such services must be paid.”

Case Briefs District Court

UP Court restrains Jamp Pharma from using Jubilant Generics’ confidential data; Grants injunction against copyright infringement

The plaintiff alleged that Jamp Pharma breached the agreement by sharing the product dossiers with the defendants i.e., Indian pharmaceutical companies manufacturing the said products for Jamp Pharma. Since these defendants were not parties to the original agreements, the plaintiff contended that their use of the product dossiers constituted copyright infringement and misappropriation of trade secrets.

Case Briefs High Courts

Bombay HC stays order directing registration of FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI, BSE officials

The special court passed the order on the complaint filed by Sapan Shrivastava, a media reporter, seeking investigation into the alleged offences committed by the accused persons, involving large scale financial fraud, regulatory violations, and corruption.

Case Briefs High Courts

Punjab and Haryana HC stays license cancellation of street vendors; directs them to file appeal against dislocation to remote areas

“Since the show cause notice to the vendors merged into the final order of the Town Vending Committee, they had the remedy to file a statutory appeal against it.”

Case Briefs Supreme Court

Justice Bela M Trivedi explains jurisdictionary powers of judicial review under Arts. 32 and 226 of Constitution when arrest is challenged

“Though, the power of judicial review keeps a check and balance on the functioning of the public authorities and is exercised for better and more efficient and informed exercise of their powers, such power has to be exercised very cautiously keeping in mind that such exercise of power of judicial review may not lead to judicial overreach, undermining the powers of the statutory authorities”

Visually impaired eligibility for judiciary

Case Briefs Supreme Court

Visually impaired candidates eligible to participate in judicial service examination: Supreme Court

“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”

Power to arrest under Customs and GST Acts

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on constitutional validity of “power to arrest” provisions under Customs and GST Acts

“The framework of the Customs Act clearly reflects the legislative intent to establish a distinct and unique procedure for the exercise of arrest powers by a customs officer”

Case Briefs High Courts

‘Real women empowerment begins with right to live and move freely without fear’; Delhi HC upholds conviction of a man accused of harassment in public space

Public transport, which is meant to ensure mobility and independence, instead became a site of fear and vulnerability for the victim, and any undue leniency to an accused caught at the spot, may embolden any future for perpetrators.