Case Briefs Archives

Courts may not interfere in cases where sufficient reasons are contained in Medical Report; Delhi HC upheld ineligibility of an aspirant seeking admission in medical course

In the present case, highly qualified and experienced medical doctors were to render an opinion as to whether the appellant is eligible to complete the MBBS Course, even if the appellant was to only become a teacher. That opinion had been rendered in detail.

Case Briefs Supreme Court

[S. 14 HSA] ‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance: SC reiterates

“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”

Case Briefs High Courts

Gauhati HC directs filing of affidavit regarding availability of Blood Banks and Blood Storage Units in 17 districts of State of Nagaland

The issue raised is of substantial importance particularly to those residing in rural areas and not having access to adequate and sufficient medical and health necessities by way of hospitals and other ancillary facilities offered in those hospitals.

Case Briefs District Court

Land Dispute | Rajasthan Court issues notice on suit claiming Ajmer Sharif Dargah as “Sankat Mochan Mahadev Temple”

The plaintiff, Hindu Sena chief cited historical records of a Shiva Linga beneath the site and sought direction to the ASI to conduct a survey of the Dargah premises to confirm the existence of remnants of the Shiva temple.

Case Briefs High Courts

Telangana HC declares Section 10-A of Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 as ultra vires

There exists no power under Section 101 of the Andhra Pradesh Reorganisation Act, 2014 to introduce an independent provision like Section 10-A in Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994, which runs contrary to an existing provision i.e., the Andhra Pradesh Intermediate Education Service Rules, without amending, modifying, or repealing it.

Case Briefs Supreme Court

Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: SC

The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.

Case Briefs High Courts

Calcutta HC injuncts West Bengal Govt. from creating any 3rd party interest during pendency of proceedings over ₹2171 crore Essex arbitral award

Calcutta High Court: A petition was filed by Essex Development Investments (Mauritius) Limited (award-holder) seeking the execution of an arbitral award amounting

Case Briefs Supreme Court

Land allocation at basic rates to privileged groups is ‘capricious’ and ‘irrational’; SC strikes down land allotment policy favoring Judges, MPs, MLAs, and Journalists in Hyderabad

“Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment.”

Case Briefs High Courts

Orissa High Court directs SBI to pay Rs. 1 Lakh compensation for not returning title deeds of mortgaged property after loan settlement

“Once the loan was resolved, there was no legal reason for the Bank to withhold the return of the title deed, regardless of the pending litigation. Therefore, the refusal to return the document is unjustifiable.”

Case Briefs High Courts

Kerala High Court sets aside Single Judge order denying termination of a 26-weeks pregnancy for minor rape victim due to absence of psychologist on Medical Board

Kerala High Court instructed the Hospital to preserve all relevant blood samples and tissues to facilitate further medical tests, ensuring that the necessary forensic evidence is available for the ongoing legal proceedings.

Case Briefs District Court

Gujarat Court grants anticipatory bail to Journalist Mahesh Langa in cheating case

Mahesh Langa is a senior journalist who is working for The Hindu as the Joint Editor. He is currently embroiled in controversy regarding an alleged GST fraud case.

Case Briefs High Courts

‘Judicial forum not for harassing a person, but to protect rights of parties’; MP High Court quashes JMFC order for FIR registration

“It is expected from a litigant to approach the court with all bonafides and without any ill-motive.”

Case Briefs High Courts

Church Administration and Government officials swindled church property: Kerala High Court orders CBI probe

“Now, the conscientious are not occupying the chair of the Church administration. Hence, the Church properties are being swindled by the administrators against the tenets of the Bible.”

Case Briefs High Courts

Allahabad High Court cancels notification including village Barsana Dehat in Nagar Panchayat over unaddressed objections

“Each resident of such area, which is subject to such notification, is a stakeholder and has a right under the Act, 1916 to make suggestions and objections. Such suggestions and objections, when duly filed, have to be considered by the Governor, and the State Government cannot brush aside an objection by means of a general denial that it was not received within the time provided in the draft notification”.

Case Briefs High Courts

[Right to be Forgotten] Delhi High Court directs masking of accused’s name in quashed FIR from case records and online search results

There is no reason why an individual who has been duly cleared of any guilt by law should be allowed to be haunted by the remnants of such accusations easily accessible to the public.

Case Briefs High Courts

‘Relationship gone wrong and sour’; Bombay HC quashes case under S.376(2)(n) IPC against advocate

If the criminal procedures are continued in the present case, it is not likely to result in conviction and will amount to abuse of process of law.

Case Briefs Supreme Court

[Illegal felling of trees] Supreme Court calls for census of existing trees in Taj Trapezium Zone

The Supreme Court also emphasized that there needs to be a mechanism for keeping a vigil to ensure that there is no unauthorised felling of trees.

Case Briefs High Courts

Apprehension in victim’s mind about use of criminal force by gesture sufficient; actual use of criminal force not required to attract Section 353 of IPC: Jharkhand HC upholds conviction

In the present case, there are concurrent findings that the accused persons abused the informant while he was discharging his duty in his office-cum-chamber and insulted him before public and subordinates. Further, the informant was pressurized to issue death certificate, which he was otherwise not agreeable to issue, after explaining the reasons.

Case Briefs High Courts

Dependent widowed daughter is still daughter and falls within ambit of ‘dependent family’, eligible for compassionate appointment: Allahabad HC

“If a married son is eligible for compassionate appointment if he was dependent upon his father at the time of his death unless he had his own means of livelihood, then, there is no reason as to why a married daughter who is similarly placed, i.e., if she was dependent upon her father, should not be eligible for compassionate appointment under the aforesaid scheme.”

Case Briefs High Courts

Delhi High Court quashes FIR in rape, kidnapping & POCSO case following marriage and mutual settlement

In cases involving Section 376 IPC or the POCSO Act, Courts must exercise caution while quashing FIRs, as these offences impact societal interests. However, Delhi High Court acknowledged the unique circumstances where the petitioner and the prosecutrix, now married with children, had reached a settlement, balancing societal concerns with the realities of the parties’ lives.