Case Briefs Archives

Patriarchal to say that woman must foresee marriage problems solely because she is elder to her partner; DHC refuses to quash FIR against a man accused of rape on pretext of marriage

The accused, despite being fully aware of the age difference, actively pursued the relationship, gave assurances of marriage, and induced the victim to make financial and emotional commitments.

Case Briefs High Courts

Principles of natural justice to be read into S.8 of Goa Tourist Places (Protection and Maintenance) Act, 2001 prior to directing recovery of expenses/costs incurred to remove nuisance: Bombay HC

Once it is found that the original order is passed by the Competent Authority without giving any opportunity of hearing to the petitioner, the same is liable to be set aside as having been passed in violation of the principles of natural justice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Acknowledgment of Balance Sheet under Section 18 of Limitation Act to be counted from date of signing of Balance Sheet: NCLAT

“There is no mandatory requirement for factorising the date of uploading of the balance sheet on the MCA portal for computing the period of limitation.”

Case Briefs Supreme Court

There must be a right balance between hearing appeals against conviction where accused are in prison & where accused are on bail: SC

“Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat”.

Case Briefs High Courts

Delhi High Court awards ₹34 Lakhs in damages and grants permanent injunction against Merlin Rubber for infringing Bridgestone’s trademark

In April 2022, while conducting a market survey, the plaintiff came across the defendant’s listing on the online trade directory of www.tradeindia.com selling butyl tubes of two-wheeler and four-wheeler vehicles under the infringing marks.

Case Briefs High Courts

‘Cannot transgress into judicial adventurism’; Punjab & Haryana HC dismisses eligibility relaxation plea of NEET aspirant who passed Biology as additional subject

“The invocation of equitable jurisdiction does not confer upon the Court an unfettered prerogative to render orders in complete defiance or in oblivion of the established tenets of the law of the land.”

Case Briefs Supreme Court

‘Alleged offence was repeated thrice in the same manner, when woman willingly accompanied accused to hotel room’: SC quashes rape case against 22-year-old man

“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”

Case Briefs High Courts

Allahabad High Court imposes Rs 2000 fine on man for false corruption allegations against judges

The contemnor has scandalised and lowered down the authority of the Court, which amounts to interference in the administration of justice.

Case Briefs High Courts

Delhi High Court grants bail to an alleged member of Lawrence Bishnoi Gang accused of shooting outside of Ex-MLA’s residence

The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.

Case Briefs High Courts

Employer not expected to seek proof beyond doubt of marriage for granting maternity leave: Madras HC awards Rs.1 Lakh compensation to Magistrate’s office assistant

“When prima facie evidence is available, the Magistrate, in our considered opinion, erred grievously in rejecting the application for maternity leave on assumptions and surmises. The action of the District Munsif cum Judicial Magistrate, to say the least is inhuman.”

Case Briefs High Courts

Telangana HC denies relief to BSF personnel wards claiming eligibility for reservation granted to Armed Forces personnel’s wards in medical courses

“The Act which governs the services, the method of recruitment, the conditions of services and tenure of Armed Forces and CAPF are different and by no stretch of imagination, it can be said that the Armed Forces viz., Army, Navy and Air Force and BSF/CAPF forms a homogenous class.”

Case Briefs High Courts

‘Person becomes zombie upon using narcotic drugs’; Punjab and Haryana HC denies bail to NDPS accused allegedly caught with 290 grams of heroin

“This highlights the State Government’s failure to address the growing drug problem, which is particularly alarming in Punjab. The widespread drug abuse is severely undermining the future of the country, as it is gradually eroding the youth population, much like a termite.”

Case Briefs High Courts

Selection process, prioritising educational qualification over disability severity, contradicts spirit of Rights of Persons with Disabilities Act: MP High Court

The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.

Case Briefs High Courts

Madras High Court dismisses ex-serviceman’s plea seeking inquiry into Havana Syndrome in India; Cites lack of evidence and jurisdictional limits

The Court said that while the appellant claimed to be a target of high-frequency microwave radiation, he had not provided any evidence to substantiate these claims, nor had he identified those allegedly targeting him.

Case Briefs Supreme Court

SC takes note of disturbing pattern of student suicides; Constitutes National Task Force to prevent commission of suicides in higher educational institutions

Referring to relevant reports and studies, Supreme Court pointed out that the number of student suicides has now surpassed suicides committed by farmers due to agrarian distress, with a four percent rise in 2024 alone.

Case Briefs Supreme Court

Supreme Court orders Uttarakhand Govt. to pay Rs. 1 crore to family of doctor killed on duty after 9 years of legal battle

“Prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years.”

Case Briefs Supreme Court

‘Mere presence at the spot, or arrest therefrom, not sufficient to prove that they were part of unlawful assembly’; SC acquits 6 in 2002 Gujarat Riots Case

“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”

Case Briefs High Courts

Delhi High Court| Jurisdiction under S. 11 Arbitration Act must be determined by the CPC if the parties haven’t agreed on the arbitration seat or venue.

It is a settled position in law that when the arbitration agreement is silent on the aspect of ‘seat’, ‘venue’ or ‘place’ of arbitration, the determining factor will be where the cause of action arises as well as where the defendant/respondent actually or voluntarily resides or carries on their business.

Case Briefs High Courts

‘Obscene message sent to female colleague on WhatsApp was unintentional’; Bombay HC quashes FIR against retired professor after he claimed to be suffering from mental illness

Respondent 1 filed “Affidavit of Consent” for quashing the proceedings and stated in her Affidavit that at the time of filing of the FIR, she did not know that the petitioner was suffering from mental disease and ailment (FTLD).

Case Briefs High Courts

Delhi HC seeks Centre’s response on regulatory mechanism to ensure taxi apps are disabled friendly prior to their launch and have all accessibility features mandated under law

The Accessibility Audit Report revealed an alarming state of affairs inasmuch as 207 accessibility issues is identified in the ‘Rapido Android App’. Notably, 81 of these issues are referred to as “High Impact (P0)”.