Case Briefs Archives

[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage

“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608

Arbitration Act 1940 award compound interest

Case Briefs Supreme Court

Arbitration Act, 1940 doesn’t empower Arbitrator or Court to award interest upon interest or compound interest: Supreme Court

“There is no dispute as to the power of the courts to award interest on interest or compound interest in a given case subject to the power conferred under the statutes or under the terms and conditions of the contract; but where no such power is conferred ordinarily, the courts do not award interest on interest”.

Case Briefs High Courts

‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores

“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”

Case Briefs High Courts

Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool

The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.

Case Briefs Supreme Court

Delhi Excise Liquor Policy Scam| Supreme Court grants bail to Manish Sisodia in both ED and CBI cases

“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.

Case Briefs High Courts

‘Railways has moral imperative to showcase prompt response to concerns of general public’; Delhi HC directs Railways’ senior-most officer to consider complaint de novo

The Court said that the disposal letter by the Railways neither suggested that any effort was made nor provided any measure to help evade such fatal situations in the future.

Case Briefs High Courts

‘Associate Managers appointed u/S. 3(2) of Trade Marks Act are not empowered to pass quasi-judicial orders’; Calcutta HC

The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial and delegation of power under Section 3(2) is an administrative power and as such the Associate Managers are not empowered to pass quasi-judicial orders.

Case Briefs High Courts

Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs

Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.

Case Briefs Supreme Court

Supreme Court grants bail to Sunil Agrawal, Promoter of Indermani Group, in Money Laundering case

Supreme Court had previously released Sunil Agrawal on interim bail vide order dated 17-05- 2024 and had noted that he had made out a prima facie strong case for his enlargement on interim bail.

Case Briefs High Courts

Bombay High Court takes suo motu cognizance of Nagpur Airport’s daily closure for 8 hours

The Court appointed Advocate Kartik N Shukul as an Amicus to assist the Court and requested him to frame an appropriate petition within a period of one week from the date of the present order.

Case Briefs Supreme Court

Mere attempt to overtake vehicle not Negligence; Supreme Court enhances MACT compensation from Rs.1,01,250 to Rs.11,25,000

Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.

Case Briefs High Courts

Registering Authority debarred from examining nature of right, title and character in sale-deed presented for registration; cannot refuse to register sale deed: Jharkhand HC

If the sale-deed is duly executed and sufficiently stamped and there is no legal or formal defect, the Registering Authority cannot refuse to register the deed.

Case Briefs Supreme Court

Explained| Supreme Court verdict on NEET UG 2024

“Courts may direct the cancellation of an examination or approve such cancellation by the competent authority only if it is not possible to separate the tainted candidates from the untainted ones.”

Case Briefs High Courts

Protection and Welfare of J&K’s Ancient Hindu Temples| J&K High Court dismisses PIL as withdrawn; grants liberty to file fresh PIL

The petitioner prayed to withdraw PIL with the liberty to file a fresh, as the petitioner wants to file a detailed representation before the concerned authorities regarding specific instances of temple property encroachment by the Mafia.

Case Briefs Supreme Court

Proof of application for Certified Copy from HC must while seeking exemption in filing Certified Copy of Judgment with SLP: Supreme Court

The Supreme Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024.

Case Briefs High Courts

‘Son did not think twice before killing his creator’; Orissa HC upholds man’s conviction for strangulating and beheading mother

The minor child, grandson of the deceased provided clear and cogent evidence being the sole eye-witness, stating that his father had strangulated the neck of the deceased for which the deceased struggled for life and then she became calm.

Case Briefs High Courts

Delhi HC grants interim relief to Falcon Autotech against Chinese Entity

“Perusal of the affidavit filed by the director of the Indian company of the defendant, categorically shows that it has been stated in categorical terms that the company has been inoperative since its incorporation rendering the same as being ‘Defunct’.

Case Briefs District Court

State of Haryana directed to complete construction of public road and ensure removal of water logging; Kharkhoda Civil Court grants ad-interim relief to inhabitants of town

The Court said that ‘swachhta’ is not only limited to the disposal of garbage but essentially includes providing a basic infrastructure that makes human life worth living.

Case Briefs High Courts

‘Depriving journalists working in small newspapers at district, constituency levels of accreditation is arbitrary’; Telangana HC quashes Schedule E of Telangana Media Accreditation Rules, 2016

The State Government is directed to frame guidelines for extending benefit of accreditation to journalists working in small newspapers in district and constituency levels based on a fair and rational criteria.

Case Briefs High Courts

J&K High Court issues contempt notice to UT Govt. officials over careless attitude towards Judicial Order’s compliance

“If contempt cases are to linger on inordinately without compliance, the very existence of this Court is meaningless.”