Case Briefs Archives

Judicial Officer adverse remarks expunged

“Criticising Judicial Officer should be avoided”; SC directs expunging of adverse remarks made against an ASJ in a Delhi HC judgment

The Court strictly pointed out that the High Court could not have used a judgment on the judicial side to advise individual Judicial Officers. That can only be done on the administrative side in an appropriate case.

Case Briefs High Courts

Delhi High Court modifies sentences of technologically savvy ISIS terrorists who used their educational qualifications to promote terrorism

The appellants are technologically savvy persons who have made use of their educational qualifications to promote terrorism and incite offensive activities against the country. Such cases would have to be dealt with differently than cases involving innocent persons, who may have been pulled into crime without their knowledge.

Case Briefs High Courts

MP High Court extends migration benefits to meritorious reserved category candidates at all stages of MP Judicial Services recruitment

The Court added that this directive does not affect ongoing recruitment where examinations have already been conducted.

Case Briefs High Courts

Where offence shakes public confidence, bail shall not be granted: Kerala HC denies bail to police officer accused of raping minor Dalit girl

“Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and not the rule.”

Case Briefs High Courts

Read why Allahabad High Court upheld former Samajwadi Party MLA Irfan Solanki’s conviction in arson case

“A representative of people should be a man of clear antecedents. It has often been seen that a large number of persons with criminal antecedents or who are charged with heinous crimes stand for and are elected to Legislative Assemblies and the Parliament.”

Case Briefs High Courts

Not mandatory for PMLA special court to record reasons for cognizance of ED’s Complaint unlike a private complaint under CrPC or BNSS: Delhi High Court

Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively

Case Briefs Supreme Court

Explained | SC decision on availability of CENVAT Credit to MSPs for erection of mobile towers and PFBs

The High Courts of Bombay and Delhi had rendered two opposing verdicts on the issue. One view favoured the Revenue while the other one was in favour of the Mobile Service Providers.

Case Briefs High Courts

Sacred duty of husband or father to maintain wife and children: Allahabad HC upholds Family Court’s pendente lite maintenance order

“The object of Section 24 of the Hindu Marriages Act in providing maintenance to a party in matrimonial proceedings is obviously to provide financial assistance to the spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds.”

Case Briefs High Courts

Rajasthan High Court quashes FIR under SC/ST Act against actress Shilpa Shetty for use of word “Bhangi” in 2013 Interview

“One cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.”

Case Briefs High Courts

Suspicion alone insufficient for conviction; Orissa High Court acquits two and convicts one in murder case

“In dealing with circumstantial evidence, there is always a danger that conjecture or suspicion lingering on mind might take the place of proof and therefore, the Court has to be watchful and ensure that such thing should not take place.”

Case Briefs High Courts

Delhi HC issues notice to BJP member Amit Malviya after he initiated criminal defamation against RSS member

The RSS member relied on exception 10 to Section 356 of the Bharatiya Nyaya Sanhita, 2023 which elaborates that conveying a caution in good faith is not defamation.

Case Briefs District Court

Patiala House Court orders attachment of Bikaner House to enforce payment under an arbitral award

The Nagar Palika of the State of Rajasthan failed to comply with court order to file an affidavit of assets despite being given multiple opportunities and failed to pay the petitioner in accordance with the arbitral award.

Case Briefs High Courts

Jharkhand HC directs State to regularize services of a man appointed on daily wage and later contractual basis for utilizing his services from 2008

In violation of the constitutional mandate to make appointment on regular basis, the State of Jharkhand appointed the appellant on daily wage basis and subsequently, on contractual basis and were utilizing the services of the appellant. There was no valid explanation for the same.

Case Briefs Supreme Court

Read why Supreme Court dismissed NOIDA Special Economic Zone Authority’s appeal for claim of Rs. 6 Crore against corporate debtor

The claims pertaining to the transfer fees, etc., cannot be dealt with by courts or tribunals as the same relates to the commercial wisdom of the Committee of Creditors for they are the best persons to determine their interests, and any such interference is non-justiciable except as provided by Section 30(2) of IBC 2016.

Case Briefs High Courts

Delhi HC dismisses Revision Petition to challenge Order by ADJ holding suit for specific performance of oral agreement to sell maintainable

‘It is no longer res integra that to determine an application under Order VII Rule 11 of Civil Procedure Code, it is only averments made in the plaint that can be considered.’

Case Briefs High Courts

Parties in appeal not entitled to produce additional evidence as a matter of right; allowed only in exceptional circumstances: Gujarat High Court

“Where the additional evidence sought to be adduced removes the cloud of doubt over the case, the evidence has a direct & important bearing on the main issue in the suit and interest of justice clearly renders it imperative that the evidence must be permitted to be taken on record, then such an application may be allowed.”

Case Briefs High Courts

Husband forcing wife to quit job & live as per his wish and style amounts to cruelty: Madhya Pradesh High Court

The wife was appointed as Assistant Manager in LIC Housing Finance Ltd., and at time the respondent was doing nothing, this was the reason why husband compelled the appellant to leave the job and stay with him.

Case Briefs High Courts

Internal Complaints Committee obligated to attempt Conciliation to settle sexual harassment case before starting inquiry: MP High Court

“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”

Case Briefs High Courts

Priority in admission to KV under Grandparents Sponsoring Quota can’t be construed to be a vested right: Karnataka HC

The Court pointed out that the guidelines 2024-25 expressly did not provide preference to the grandchildren of serving/retired employees. When such a preference was specifically not provided in the current guidelines governing the admission process, then such admission cannot be considered as per previous guidelines.

Case Briefs High Courts

Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC

Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.