Case Briefs Archives

Medical Negligence Case Against Anaesthetist

Telephonic Advice on Post-Operative Painkiller Is Not Gross Criminal Recklessness: Supreme Court Quashes Criminal Negligence Case Against Anaesthetist

Supreme Court quashed criminal proceedings against an anaesthetist in a post-surgery death case, reiterating that criminal medical negligence under Section 304-A IPC requires gross negligence and proximate causation.

Case Briefs High Courts

Article 21 Extends to Foreign Nationals; Approvers Cannot Be Kept in Jail While Principal Accused Walk Free: Rajasthan HC Releases Bangladeshi Nationals

“Foreign Nationals who are facing trial in India are also entitled to Right to Live with Dignity under Article 21 of the Constitution. This right has been established as a powerful shield of protection, ensuring that Right to Live with Dignity extends beyond borders, safeguarding all human beings.”

Case Briefs High Courts

Motherhood Can’t Be Ground to Exclude Women Athletes from Competitive Sport; Delhi HC Permits Vinesh Phogat to Participate in 2026 Asian Games Trials

The Court condemned Wrestling Federation of India’s “National Embarrassment” remark against Vinesh Phogat with regards to 2024 Paris Olympic Games mishap, which had led to her disqualification.

Delhi HC acquits accused in rape and kidnapping case

Case Briefs High Courts

She Crossed 1500 km With Him, Got Married, Never Raised an Alarm: Delhi HC Acquits Rape Accused, Finds Prosecuterix Statement Was Parental Pressure

The Delhi High Court acquitted a man convicted under Sections 363, 366 and 376 IPC, holding that the prosecutrix voluntarily accompanied and married the accused and that her minority was not conclusively established.

Case Briefs High Courts

Unreliable DNA, Doubtful Victim Testimony, Contradictions, Delay, No TIP: Bombay HC Acquits Rape Accused as Investigation Lapses Pile Up

The Bombay High Court noted that since the FIR was registered under Section 376 IPC without prima facie examination of the allegations and given the unexplained delay and contradictions in the victim’s statements, the prosecution case lacked legal foundation and the conviction was liable to be set aside.

Case Briefs Supreme Court

Article 324 Is Not a Dead Letter; ECI’s Special Intensive Revision of Bihar Electoral Rolls Is Constitutionally Valid: Supreme Court

The Court held that ECI is empowered, in the exercise of its constitutional mandate, to undertake a limited enquiry into citizenship for the purpose of satisfying itself as to eligibility for inclusion in the electoral roll.

Case Briefs Supreme Court

Punjab Municipal Elections on Ballot Papers, Not EVMs: Supreme Court Refuses to Interfere, Upholds P&H HC Order

The P&H High Court had refused to become a party to the blame game between Punjab Election Commission and Election Commission of India (ECI) over EVM model compatibility. The Supreme Court declined to interfere, leaving open the remedy of an election petition.

Case Briefs High Courts

Twisha Sharma Case: Six Ante-Mortem Injuries, Forced Abortion Allegations, Non-Cooperation — Why MP HC Quashed Mother-in-Law’s Anticipatory Bail

The Court noted that as per the post-mortem report, the death was due to ante-mortem hanging by ligature, but 6 other ante-mortem injuries were found on the body of the deceased, which were not caused by taking the body out of the ligature or carrying it out to the hospital.

Case Briefs Supreme Court

Supreme Court Permits Appointment of Manipur DGP from Outside Cadre Amid “Unprecedented Ethnic and Civil Unrest” in the State

With the incumbent DGP’s tenure due to end on 31 May 2026, the State of Manipur sought the Supreme Court’s permission to appoint a replacement from outside the Manipur cadre, citing the unprecedented ethnic and civil unrest continuing in the State.

Scientific or Technical Consultancy Services

Case Briefs Tribunals/Commissions/Regulatory Bodies

Not a “Scientific and Technical Consultancy Service”: CESTAT Quashes Service Tax on HAL for Technology Transfer from Russian Firm

Rosoboronexport, Moscow is a governmental organisation and therefore, the said entity cannot be termed as a Science or Technocrat or scientific or technology institution or organisation and hence it the activity cannot fall under the category of “Scientific and Technical Consultancy Service.”

condonation of delay written statement exceptional circumstances

Case Briefs High Courts

4745 Days Late and No Cogent Explanation: Karnataka HC Dismisses Petition Seeking to File Written Statement in 2006 Suit

Holding that delay in filing a written statement can be condoned only in exceptional circumstances and not as a matter of routine, the Karnataka High Court dismissed a petition seeking to place a written statement on record after a delay of 4745 days.

Advance Rulings Case Briefs

Promoter Cannot Escape Liability for Delayed Possession by Solely Relying on Payment Default; Rajasthan RERA Clarifies Position

Rajasthan RERA directed the allottee to clear dues and the promoter to pay delayed interest at 10.80% per annum from 30 November 2021 to 9 April 2025, with the two amounts set off against each other.

Case Briefs High Courts

Subsequent Breakdown of Marriage No Ground to Revive Quashed Rape FIR: Delhi High Court

The Court warned that permitting reopening of quashing orders on the basis of subsequent matrimonial disputes would fundamentally defeat the object underlying exercise of jurisdiction under Section 528 BNSS.

Validity of Will Despite Exclusion of Natural Heirs

Case Briefs Supreme Court

Mere Suspicion and Technical Defects Cannot Defeat Valid Testamentary Disposition; Supreme Court Upholds Will Despite Exclusion of Natural Heirs

“It is trite to state that when the validity of a Will is to be determined, the overall terms of a Will, the intention of the testator and the surrounding circumstances have also to be seen.”

SCST Act applicability 'Goud' scheduled tribe anticipatory bail

Case Briefs High Courts

SC/ST Act Cannot Be Used Against a Member of a Scheduled Tribe: MP HC Grants Anticipatory Bail to ‘Goud’ Community Accused

The Madhya Pradesh High Court granted anticipatory bail to the appellant, holding that the SC/ST Act is not applicable to a person who himself belongs to a Scheduled Tribe community — and that the State’s failure to verify CCTV footage despite court directions, combined with the appellant’s status as a government servant, left no ground for denial of bail.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT Delhi: Delhi Ridge Management Board Should be Constituted and Begin Work Without Delay

The NGT directed respondents, including the Forest Department and DRMB, to submit a progress report of Phases I and II of the Delhi Ridges.

Non-consideration of assessee's reply by Assessing Officer

Case Briefs High Courts

Delhi High Court Quashes Income Tax Assessment Order for Non-Consideration of ASSESSEE’s Reply Filed After Adjournment Request

Delhi High Court set aside an assessment order passed under Sections 143(3) and 144-B, Income-tax Act after finding violation of principles of natural justice, holding that the assessing officer failed to communicate the status of the assessee’s adjournment request and ignored the reply filed by the assessee.

Levy of Building and Other Construction Workers cess

Case Briefs Supreme Court

SC Restores Arbitral Award in Teesta Stage III BOCW Cess Dispute; Reiterates BOCW Cess Becomes Enforceable Only Upon Constitution of Welfare Boards

The Court did not grant any relief to the third consortium member, Abir Infrastructure Private Limited, as it had not filed an appeal challenging the High Court judgment.

future prospects housewife motor accident compensation

Case Briefs High Courts

Housewife’s Contribution Grows with Age, Future Prospects Cannot be Ignored: Karnataka HC Enhances Motor Accident Compensation

The Karnataka High Court enhanced the motor accident compensation awarded to the husband and children of the deceased housewife from ₹7,60,000 to ₹10,02,888, correcting the notional income and adding future prospects that the Tribunal had failed to award

Case Briefs High Courts

Child Marriages Rising in U.P.: Allahabad HC Flags Systemic Gap, Directs DGP to Issue Guidelines

The Court remarked that child marriage is a social evil that is required to be eradicated from this country. Eradication of child marriage is not merely a statutory goal; it is a constitutional imperative.