Case Briefs Archives

Supreme Court issues directions on unauthorised constructions and violation of building permission/plans

The Court strictly opined that constructions put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged.

Case Briefs High Courts

Read why Allahabad HC granted anticipatory bail to wife’s uncle in Atul Subhash suicide case

“There is no doubt that the right to liberty is enshrined in Part-III of the Constitution of India and such rights cannot be impinged except by following procedure established by law.”

Case Briefs High Courts

Is a government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings? Kerala HC answers

“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”

Case Briefs High Courts

‘No law fixes responsibility on officers to verify age of arrestees’: Kerala HC issues directions to prevent mistaken trial of juveniles as adults

“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”

Case Briefs Supreme Court

‘No Constitutional Court can direct Trial Courts to write bail orders in particular manner’; SC expunges adverse remarks and directions against District & Sessions Judge

“The Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail, however, the Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail applications…Explanation of a Judicial Officer can be called for only on the administrative side.”

Case Briefs High Courts

Gauhati HC asks DGP Assam to issue directions to police stations to not register cases under S.106(2) BNS 2023 as provision has not come into force yet

If the police is registering cases under Section 106(2) of the Nyaya Sanhita, 2023, then the individual concerned is free to avail appropriate remedy available by approaching the competent court.

Case Briefs Supreme Court

SC urges youth to resist peer pressure; calls for concerted effort from family, school & community to mitigate drug addiction

The Court held that NIA could investigate non-scheduled offence, or a person involved in a non-scheduled offence, provided there is a connection with the scheduled offence. This nexus between any other offence and the Scheduled Offence is of critical importance and must be present to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence.

Grounds setting aside sale under SARFAESI

Case Briefs Supreme Court

Confirmed sale under SARFAESI cannot be set aside on mere irregularities except on grounds of collusion, fraud, inadequate pricing or underbidding: SC

“‘Henderson Principle’ is a core component of the broader doctrine of abuse of process, aimed at enthusing in the parties a sense of sanctity towards judicial adjudications and determinations. It ensures that litigants are not subjected to repetitive and vexatious legal challenges. This rule not only supports the finality of judgments but also underscores the ideals of judicial propriety and fairness.”

Case Briefs High Courts

Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case

“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”

Case Briefs High Courts

Rajasthan High Court slams State for 16-yrs delay in completing AIIMS Jodhpur Trauma Centre; Mulls over imposition of ₹50 Crore cost

“Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.”

Case Briefs High Courts

MP High Court orders status quo on Nawab of Bhopal’s Property declared as ‘Enemy Property’; directs Pataudi family to approach appellant authority

The controversy stems from the government’s declaration of the Nawab of Bhopal’s properties as enemy property as the Nawab’s elder daughter, Princess Abida Sultan, moved to Pakistan in 1950.

Case Briefs High Courts

Read why Kerala HC suspended MK Nasar’s life sentence in 2010 Prof. TJ Joseph’s hand-chopping case

“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”

Case Briefs High Courts

Chhattisgarh High Court allows 17-year-old minor rape victim suffering from sickle cell anaemia to terminate her 20 weeks pregnancy

It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT halts all ongoing illegal constructions without mandatory environmental clearances in Noida and Greater Noida

Pollution Control Board to prevent illegal plotting in the area falling in floodplain zones in the Villages.

Case Briefs Supreme Court

SC restores bail granted to BJP’s Girraj Singh Malinga in 2022 for offences under IPC and SC/ST Act

Girraj Singh Malinga was charged for the major offences punishable under Section 307 IPC, amongst others, read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. He was duly arrested, and bail was granted by the order dated 17-05-2022.

Case Briefs High Courts

Bombay HC refuses to quash FIR against two people who allegedly slapped a Member of Parliament belonging to Scheduled Caste

There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Case Briefs High Courts

[THINKBOOK v THINBOOK ] Lenovo’s THINK family of marks declared distinctive; Madras HC directs removal of infringing ‘THINBOOK’ Mark

Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.

Case Briefs High Courts

Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid

The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.

Case Briefs Supreme Court

Read what the Supreme Court said while quashing 2-decade long NDPS case against former IPS Officer Bharti Arora

Supreme Court reiterated that justice should not only be done but should be seen to be done.

Case Briefs High Courts

Delhi High Court directs State to ensure safety and security of Amandeep Singh Batra after he received death threats

The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.