Case Briefs Archives

‘Individual’s liberty cannot be curtailed merely because he participated in political rally that later turned violent’; Bombay HC quashes preventive detention order

Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.

Case Briefs Supreme Court

Supreme Court upholds Trial Court’s decision acquitting 3 Constables in 20 year old Murder case

“It must be established that all the accused had preplanned and shared a common intention to commit the crime with the accused who has actually committed the crime.”

Case Briefs High Courts

‘Disdainful disregard’ by the Government of its constitutional obligation; Delhi High Court slams Delhi Govt for delaying 14 CAG Reports

The Court observed that there has been an inordinate delay on the part of the Government of NCT of Delhi in taking requisite steps for laying the CAG Reports before the Legislative Assembly.

Case Briefs High Courts

Are married individuals, in live-in-relationships with others, entitled to police protection? Rajasthan High Court refers matter to larger bench

“Live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 does not recognise the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship.”

Case Briefs Supreme Court

SC confirms man’s conviction under S. 498A IPC and S. 4 of DP Act in 19-year-old dowry case; reduces sentence to time served in custody

The Court considered that the complainant-wife had re-married and settled abroad. However, directed for compensation of Rs. 3,00,000/- to the former wife in view of the harassment which she was subjected to.

Case Briefs High Courts

All wrong cannot be cured by the writ Court; Calcutta High Court dismisses petition by Vishva Hindu Parishad for book stall request at International Kolkata Book Fair

Kolkata is widely known and recognized for literary works. There are similar fairs and events, may not be of the same scale, organized in various parts of the State. The petitioners would be hardly prejudiced if they are not able to participate in the subject fair. The petitioners can always showcase their books and news articles elsewhere and there is absolutely no restriction in doing so.

Case Briefs Supreme Court

‘Frequent interference with arbitral awards would defeat purpose of 1996 Act’; SC reiterates narrow scope of appellate court’s power under S. 37

“Section 37 of the 1996 Act grants narrower scope to the appellate court to review the findings in an arbitral award if it has been upheld or substantially upheld under Section 34.”

Case Briefs Supreme Court

Legitimacy determines paternity under Section 112 Evidence Act, until the presumption is rebutted by proving ‘non-access’: SC

An ‘additional’ access or ‘multiple’ access does not automatically negate the access between the spouses and prove non-access thereof.

Case Briefs High Courts

Releasing pleadings and documents to media before Courts had the opportunity to consider the same, is not acceptable: Delhi High Court

The language in the legal notice completely scandalises the Court and raises baseless allegations and aspersions against the administration of justice by the Court by raising doubts about the functioning of the Registry of this Court.

Case Briefs Supreme Court

Know why SC allowed private complaint for offence of false evidence before a Tribunal, considering it as the only remedy

Supreme Court set aside the High Court’s decision quashing the private complaint and concluding that the alleged offences under Sections 193, 199 and 200 of the IPC were such, on which the complaint could have only been filed by the Court following the route under Section 195 read with Section 340 of the CrPC.

Case Briefs Supreme Court

‘Filthy language’ examined in isolation without any context indicating intention to insult modesty, doesn’t fall under S. 506 IPC: SC

“It will be essential for the Court to carefully assess the evidence presented, in order to determine whether there is sufficient material to establish the intention and knowledge to insult the modesty of the complainant or, whether any act was intended to shock the sense of decency of the complainant being a woman”.

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Case Briefs Supreme Court

Explained | Supreme Court’s spilt verdict on a Christian man’s appeal to bury deceased father in his native village

Given the lack of consensus between the Judges, the Court exercising its power under Article 142 directed the appellant to perform the funeral rites and bury his deceased father at the burial ground at another village.

Case Briefs High Courts

‘Audi alteram partem cannot be used to cure self-suffered wound’; P&H HC refuses relief to electricity firm that overcharged residents

The Court held that the petitioner approached the Court raising hue and cry about the violation of the principle of natural justice with an oblique motive to create a defence at the appellate stage, immediately after the culmination of the proceedings before the Consumer Forum.

Case Briefs High Courts

‘Immunity granted under S.35 of Maharashtra Village Panchayats Act, 1959 is for post and not person’; Bombay HC sets aside notice of no confidence motion against woman sarpanch

The Sarpanch is a post conferred upon a person and therefore, the term ‘Sarpanch’ as well as the post of Sarpanch cannot be distinguished as both have identical meanings in common parlance.

Case Briefs High Courts

‘Casual approach unmindful of law of limitation’; Delhi HC denies condonation of delay to Railways in appeal against compensation of Rs 6 Lakhs

“Consideration to condone can be made only if there is a reasonable explanation and the condonation cannot be merely because the appellant is a Government body where procedural and bureaucratic delays are well known.”

Case Briefs High Courts

‘No difference if law graduate candidate not enrolled’; Chhattisgarh HC allows candidates without Bar Enrollment to appear in Civil Judge Exam

“In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected.”

Case Briefs Supreme Court

Read why SC held that State Government can levy royalty on production and disposal of brick earth being a minor mineral

On 01-06-1958, the Government of India published a notification in the exercise of powers conferred under Section 3(e) of the Mines and Mineral (Regulations and Development) Act, 1957 by which brick earth was declared a minor mineral within the meaning of the 1957 Act.

Case Briefs High Courts

Delhi High Court rejects anticipatory bail to wife accused of inflicting severe burns on husband with boiling water and red chilli powder

Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships.

election dispute caste of returned candidate

Case Briefs Supreme Court

SC stays proceedings before Karnataka HC deciding HC’s jurisdiction to decide election dispute questioning caste of a returned candidate

The matter revolved around the respondent questioning the petitioner’s election to Jagaluru Vidhan Sabha Constituency contending that the petitioner did not belong to Scheduled Tribe but belonged to the Other Backward Community.