Case Briefs Archives

Supreme Court breaks down Order II Rule 2 of CPC, discusses general principles underlying its operation

“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”

Case Briefs High Courts

Mere statement that wife cannot cohabit with husband unless she brings amount without any action will not amount to harassment: Bombay HC quashes FIR

“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”

Case Briefs High Courts

Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC

The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.

Case Briefs High Courts

‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”

Case Briefs Foreign Courts

Protecting Americans from Foreign Adversary Controlled Applications Act doesn’t violate TikTok’s First Amendment rights: SCOTUS

The Protecting Americans from Foreign Adversary Controlled Applications Act makes it unlawful for any entity to provide certain services to distribute, maintain, or update a foreign adversary-controlled application in the United States.

Case Briefs High Courts

Judicial Department is unable to locate the file and the individual is languishing in the correctional home; Calcutta High Court directs premature release

The case concerns the premature release of an individual as recommended by the State Sentence Review Board, however, the release process stalled due to pending formalities with the Judicial Department.

Case Briefs High Courts

‘Chastity of woman is priceless possession, if husband doubts wife’s character without proof, she has enough reason to live separately’; Orissa HC

In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.

Case Briefs Supreme Court

Section 306 IPC | Hyperboles employed in exchanges should not be glorified as an instigation to commit suicide: Supreme Court

Taking strict note of casual resorting of S. 306 IPC, the Court said that conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life.

Case Briefs High Courts

Tripura High Court seeks updated statistics of HIV/AIDS patients in State to evaluate impact of recent measures

“The data furnished by the TSLSA are indeed alarming. And more so, since youth in a particular age group are being found to be affected by this life threatening disease.”

Anticipatory bail to wife for abetting suicide

Case Briefs Supreme Court

S. 306 IPC | SC grants anticipatory bail to wife accused of abetting husband’s suicide

The husband and wife were married for about one and a half year, and due to continuous quarrels, the wife started living in her parental home along with their 6-month-old daughter at the time of the incident. During this period, the husband committed suicide.

Case Briefs High Courts

Pendency of civil and criminal litigation among partners cannot estop a partner from invoking arbitration clause: Punjab and Haryana HC

“Technicality cannot be attached with a notice served under Section 21 of the Arbitration and Conciliation Act, 1996 as that would defeat the objective of the statute, which provides for a speedy resolution of the disputes.”

Case Briefs High Courts

Bombay HC restrains Rupali Ganguli’s daughter Esha Verma from publishing defamatory posts against her

Social media platforms, print media, other digital/non-digital mediums and other relevant intermediaries are also restrained from publishing, sharing, hosting, circulating, or promoting any further defamatory content about plaintiff.

Case Briefs High Courts

Baggage Rules required to be re-looked to ensure no harassment of genuine tourists/travellers carrying gold jewellery: Delhi High Court

Bona fide tourists/travellers, travelling for social engagements in India with gold, which could be of a much higher value than the permissible limits, cannot to be expected to file detailed declarations, as this can make the entire process of entering India and exiting from airports extremely unfriendly or onerous.

Case Briefs Supreme Court

SC issues directions on availability of toilet facilities for males/females/PwD/transpersons in all Court premises

“Courts should not be places, where basic needs, such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice”.

Case Briefs High Courts

No fetter on Charity Commissioner’s power to entertain application for suspension, removal, or dismissal of trustee, whose Change Report is pending before Deputy Charity Commissioner: Bombay HC

The action for suspension, removal, or dismissal of the trustee under Section 41-D of the Maharashtra Public Trust Act, 1950 (‘the MPT Act’) is an independent action having no connection with the enquiry to be conducted under Section 22 of the MPT Act.

Case Briefs Supreme Court

Supreme Court grants benefit under Probation of Offenders Act to 70-yr-old involved in armed clash following family feud

There was a feud between two groups of the family which resulted in an armed clash between the groups and culminated in the filing of separate complaints by the respective groups. The High Court set aside the conviction and sentence under Sections 307, 148, and 149 of the IPC but affirmed his conviction under Sections 326, 325, 452, and 323 of the IPC.

Case Briefs High Courts

‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case

“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”

Case Briefs Supreme Court

SC interprets eligibility criteria for promotion to Associate Professor in medical teaching; discusses interplay between executive orders and KS & SSR Rules

“It is well settled that no word, no phrase and no expression used in a legislation should be excluded as surplusage, while the Courts embark on a course of interpretation.”

Case Briefs Supreme Court

Explained | Distinction between object and purpose of attestation of Will by Witness and Scribe

The instant case revolved around proving the execution of a Will, wherein the Court found that evidence presented by the Will’s propounder and scribe, did not inspire confidence.

Case Briefs High Courts

Orissa HC initiates contempt case against former constable and his advocate questioning partiality of two Judges in Full Bench

“The affidavit raising the preliminary objection stated- That as the two Judges of Larger Bench have already disagreed with the view of the earlier Division Bench, their presence in the Full Bench will be a hindrance for an independent and open mind hearing. The point of law/question of law referred to be determined cannot be fair and unbiased. That, in this premises, the view of a third Judge will be immaterial as the disagreed view of the two judges will prevail. It is just like loosing of the case by the sole respondent is preordained.”