Case Briefs Archives

Grounds setting aside sale under SARFAESI

Confirmed sale under SARFAESI cannot be set aside on mere irregularities except on grounds of collusion, fraud, inadequate pricing or underbidding: SC

“‘Henderson Principle’ is a core component of the broader doctrine of abuse of process, aimed at enthusing in the parties a sense of sanctity towards judicial adjudications and determinations. It ensures that litigants are not subjected to repetitive and vexatious legal challenges. This rule not only supports the finality of judgments but also underscores the ideals of judicial propriety and fairness.”

Case Briefs High Courts

Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case

“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”

Case Briefs High Courts

Rajasthan High Court slams State for 16-yrs delay in completing AIIMS Jodhpur Trauma Centre; Mulls over imposition of ₹50 Crore cost

“Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.”

Case Briefs High Courts

MP High Court orders status quo on Nawab of Bhopal’s Property declared as ‘Enemy Property’; directs Pataudi family to approach appellant authority

The controversy stems from the government’s declaration of the Nawab of Bhopal’s properties as enemy property as the Nawab’s elder daughter, Princess Abida Sultan, moved to Pakistan in 1950.

Case Briefs High Courts

Read why Kerala HC suspended MK Nasar’s life sentence in 2010 Prof. TJ Joseph’s hand-chopping case

“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”

Case Briefs High Courts

Chhattisgarh High Court allows 17-year-old minor rape victim suffering from sickle cell anaemia to terminate her 20 weeks pregnancy

It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT halts all ongoing illegal constructions without mandatory environmental clearances in Noida and Greater Noida

Pollution Control Board to prevent illegal plotting in the area falling in floodplain zones in the Villages.

Case Briefs Supreme Court

SC restores bail granted to BJP’s Girraj Singh Malinga in 2022 for offences under IPC and SC/ST Act

Girraj Singh Malinga was charged for the major offences punishable under Section 307 IPC, amongst others, read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. He was duly arrested, and bail was granted by the order dated 17-05-2022.

Case Briefs High Courts

Bombay HC refuses to quash FIR against two people who allegedly slapped a Member of Parliament belonging to Scheduled Caste

There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Case Briefs High Courts

[THINKBOOK v THINBOOK ] Lenovo’s THINK family of marks declared distinctive; Madras HC directs removal of infringing ‘THINBOOK’ Mark

Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.

Case Briefs High Courts

Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid

The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.

Case Briefs Supreme Court

Read what the Supreme Court said while quashing 2-decade long NDPS case against former IPS Officer Bharti Arora

Supreme Court reiterated that justice should not only be done but should be seen to be done.

Case Briefs High Courts

Delhi High Court directs State to ensure safety and security of Amandeep Singh Batra after he received death threats

The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.

Case Briefs Supreme Court

‘As a matter of public policy, Courts must not curtail statutory remedies’; SC upholds right to restore appeal challenging compromise decree

“Only the Court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC.”

Case Briefs High Courts

‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC directs DM, Sambhal to submit Action Taken Report regarding alleged rights violation in Government Schools of Sambhal

The complainant alleged that teachers and students in government schools in Sambhal have to remove shoes in class as per the order of ‘Basic Shiksha Adhikari’. The complainant further alleged that all female teachers had to be addressed as ‘Didi’ or ‘Behanji’ as per orders.

Case Briefs High Courts

MTP Act | Rajasthan High Court directs registration of Suo Motu case to address Reproductive Rights Awareness & Legislative Reforms

“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”

Case Briefs Supreme Court

Why Supreme Court granted anticipatory bail to Rajkumar Daitapati in money laundering case?

Rajasthan High Court via the impugned order dated 11-11-2021 dismissed the appellant’s application for anticipatory bail opining that the appellant was allegedly involved in serious economic offence.

Disputes on wage payment and termination order

Case Briefs Supreme Court

Disputes relating to non-payment of wages & termination order within Industrial Tribunal’s jurisdiction; SC quashes arbitrator’s appointment

“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”

Case Briefs High Courts

Delhi High Court quashes departmental proceedings against CRPF personnel while denying rejection of his request for voluntary retirement

The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.