Case Briefs Archives

‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC

To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.

silicosis prone industries impact SC directions

Supreme Court directs NGT and NHRC to oversee the impact of Silicosis prone industries and compensation processes respectively

Silicosis is an incurable occupational lung disease caused by prolonged inhalation of silica dust, and it has been rampant throughout India due to inadequate detection, monitoring, and remedial measures.

Case Briefs High Courts

‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him

“Madras High Court said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set a criminal law in motion, perhaps with a false FIR”

Case Briefs High Courts

No police personnel be sent for police band training without their written consent: Madhya Pradesh High Court

The petitioners challenged the impugned orders detailing them for training in a dummy team to participate in the police band.

Case Briefs High Courts

Planned hunting of Schedule-I animal like Tiger is grave threat to wildlife and forests; MP High Court denies bail

The State Tiger Strike Force recovered a nylon bag which contained 49 bones, 14 nails, and 31 mustache hairs of a tiger from applicant 1.

Case Briefs High Courts

Calcutta High Court directs West Bengal Legal Services Authority to Revisit Compensation Review for 2011 Acid Attack Victim

The petitioner, a victim of an acid attack perpetrated by her husband in 2011, was initially awarded ₹7,00,000 as compensation by the Criminal Injuries Compensation Board.

employee pay scale reduction long time gap

Case Briefs Supreme Court

Decision to reduce employee’s pay scale and recover excess amount can’t be applied retrospectively after a long time gap: SC

The Court further stated that any step of reduction in the pay scale and recovery from a government employee would be like a punitive action because the same has drastic civil and evil consequences.

Case Briefs High Courts

Coparcener/co-sharer cannot alienate specific piece of Joint Family Property without Partition: MP High Court

Madhya Pradesh High Court upheld orders restraining the petitioners from raising construction on the disputed land.

Case Briefs High Courts

[Mohammedan law] Legislature only prohibits Talaq-e-Biddat or Talaqs having effect of instantaneous and irrevocable divorce: Himachal Pradesh HC

In the present case, the FIR refers to the notice dated 25-04-2022, which reads that the petitioner conveyed the first communication of Talaq by pronouncing the word ‘Talaq’. It nowhere mentions that the Talaq had become irrevocable, or it had the effect of instantaneous divorce.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC directs Fortis Heart Centre to pay Rs 65 Lakhs compensation for gross negligence in conducting angioplasty

NCDRC pointed out that the Fortis hospital and the assigned doctor ignored the condition of the patient’s lungs and started angioplasty, thereby resulting in severe pulmonary edema within half an hour of beginning the procedure leading up to further complications.

Case Briefs Supreme Court

[Patanjali Misleading Ads Case] Supreme Court drops contempt charges against Baba Ramdev and Acharya Balkrishna

In February 2024, the Court imposed a temporary ban on misleading advertisements and issued contempt of court notices to Baba Ramdev and Acharya Balkrishna.

Case Briefs Supreme Court

SC issues notice on tenant’s plea concerning his right to receive notice of demolition u/S. 400 of KMC Act after regularisation; Stay on demolition continues

Supreme Court initially took up this matter on 6-08-2024 and stayed the demolition of the subject premises of petitioner till 9-08-2024.

Case Briefs High Courts

MP High Court approves Synchronization of ICJS with SANDES APP for enhanced Criminal Justice System

The Court scheduled the matter for 16-10-2024, with directions to NIC Team to submit the concept note with further developments.

Case Briefs Supreme Court

SC quashes NDPS case against man falsely implicated in 1.75 Kg ganja dealing after 4 years due to lack of evidence

The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.

Case Briefs High Courts

‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’

The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.

Case Briefs High Courts

Bombay HC directs deletion of offending post on YouTube against Malabar Gold Ltd. for being per se defamatory and reckless

Several defamatory statements were made against Malabar Gold Ltd. by Respondent 1 on his YouTube channel titled “Marunadan Malayali”.

Case Briefs High Courts

“Advocates can’t pressurise Courts to pass favorable orders”; MP High Court condemns Counsel’s ‘fee recovery from client’ comment

“After realizing that the Court may not pass a favourable order, if an attempt is made by a Lawyer to seek adjournment, then it is a glaring example of Bench hunting.”

13-year-old-murder case supreme court acquittal

Case Briefs Supreme Court

Supreme Court acquits persons accused in 13-year-old murder case as prosecution fails to establish guilt convincingly

While exercising jurisdiction under Article 136 of the Constitution, the Court does not interfere with the concurrent findings recorded by the courts below, until and unless the evidence has not been properly appreciated, material aspects have been ignored and the findings are perverse.

Case Briefs Supreme Court

Supreme Court partly stays hijab ban by Mumbai College; Issues notice to College

Supreme Court said that it hopes and trust that the said interim order will not be misused by anybody, and clarified that it will be open to the College to move an application for vacation of this order, in case of misuse

Case Briefs High Courts

“Accused’s right to lead defense evidence cannot be curtailed”; J&K High Court sets aside conviction; remands Acid Attack case to Trial Court

“Right to fair trial, presumption of innocence unless proven guilty and proof by the prosecution of its case beyond any reasonable doubt are the fundamentals of our criminal jurisprudence.”