Case Briefs Archives

Judicial interference in arbitration agreement

SC stresses on judicial restraint in arbitration matters; sets aside HC’s order granting opportunity for cross-examination despite Arbitral Tribunal’s rejection

The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.

Case Briefs High Courts

Delhi High Court dismisses petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital

“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”

Case Briefs High Courts

‘No application of mind, precious time of police & Court wasted’; Gujarat HC slams Police, Prosecution and Trial Court for invoking POCSO Act after 8 yrs of FIR

In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.

Case Briefs High Courts

Uttaranchal HC dismisses petition against Government Orders issued in pandemic for directing private unaided residential schools to charge only tuition fee for online classes

“School management was not justified in demanding fees for services which are provided only when the school runs in physical mode.”

Case Briefs Supreme Court

3 years or 12 years? Supreme Court clarifies the period of limitation to regain title and recover possession of suit property by setting aside the sale deed

“When the suit is based on the title for possession, once the title is established on the basis of relevant documents and other evidence unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited.”

Case Briefs High Courts

Delhi High Court directs State to reinstate CISF candidate acquitted of criminal charges

The Court observed that the petitioner truthfully disclosed the pendency of a criminal case against him, when during the training, he along with other candidates were directed to furnish the relevant information.

Case Briefs Supreme Court

Section 174A IPC is an independent and substantive offence that can continue despite extinguishment of proclamation under Section 82 CrPC: Supreme Court

Supreme Court answered in affirmative that if the status under Section 82 CrPC is nullified i.e., the person subjected to such a proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, the prosecution still proceeds against such a person for having not appeared before a Court during the time that the process was in effect.

Case Briefs High Courts

Kerala HC clears path for remote cross-examination via video conferencing to streamline court proceedings

Kerala High Court made it clear that permission to conduct cross-examinations via video conferencing is not an automatic right. Such permission should only be granted if valid reasons are provided, and the absence of a specific provision in the rules should not prevent this.

Case Briefs High Courts

Karnataka HC urges State Law Commission to frame guidelines on issues surrounding pledging of stolen gold

Court noted that innumerable matters are coming up where stolen gold had been pledged with a gold finance company and this aspect must be examined by the concerned authorities and proper guidelines must be formulated in relation to issues such as implication of pledging stolen gold, manner of dealing with such gold when criminal proceedings are taken up etc.

Case Briefs Supreme Court

Section 319 CrPC | Person can be summoned to face trial even if police does not name him as an accused in chargesheet: SC

“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”

Case Briefs High Courts

Bombay HC directs State to ensure that eligible women are able to seek benefit under revised Mukhyamantri Majhi Ladki Bahin Scheme

The Mukhyamantri-Majhi Ladki Bahin Yojana scheme was launched by the Women and Child Development Department, Government of Maharashtra for providing financial assistance of Rs 1,500 per month to women between the ages of 21 to 65 years.

Case Briefs High Courts

‘High time for society to preserve sanctity of medical profession and to uphold dignity of Doctors’; Madras HC quashes FIR against 70-year-old Gynecologist in miscarriage case

“Doctors, the Guardian of life, embody a noble profession, often revered as akin to God / Almighty, as they possess the extraordinary ability to save lives and restore health. While acknowledging the presence of quacks and corporatized hospitals, it is essential to recognize that majority of medical practitioners dedicate their life to serve humanity with compassion and expertise”

Case Briefs Supreme Court

‘Application of force must be with intent to outrage modesty of woman’; SC quashes proceedings against man for offence under S. 354 and 506 IPC

“For mens rea to be established, something better than vague statements must be produced before the Court.”

Case Briefs High Courts

Andhra Pradesh High Court upholds recovery of money with interest based on promissory note; Rejects claims of forgery

The Court cannot assume that every handwriting Expert who has been duly qualified by the Government will necessarily have such special skill and knowledge that he will always give accurate opinions on one disputed point.

Case Briefs Supreme Court

CBI doesn’t require State Govt’s consent to register FIR under Central Law against Central Govt employee posted within State: SC reiterates

“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”

Case Briefs High Courts

Tripura High Court directs for strict compliance of Animal Rights laws during seizure and release of cattle

The Court directed the respondent authorities to ensure circulation of guidelines to field officers to prevent further violations.

Case Briefs High Courts

“Bail is Rule and Jail is Exception”; Rajasthan High Court criticizes trial court for casual rejection of bail despite key evidence

“Every arrest is also a relief and a pain. It is a critical part of the justice system. All arrests have to be justified and be based on evidence and pave the way for justice.”

Case Briefs High Courts

Bhopal Gas Tragedy | MP High Court directs immediate toxic waste cleanup from Union Carbide Factory site

The case pertains to the clean-up and removal of toxic waste from the Union Carbide Factory site in Bhopal, following the catastrophic gas leak disaster that occurred 40 years ago on this date.

Case Briefs High Courts

Allahabad High Court denies bail to a man accused of forcing wife into prostitution

“A rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation”

Case Briefs Supreme Court

‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC

“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”