Case Briefs Archives

‘Establishment, extension of jurisdiction, superintendence of DSPE vests with GOI’; West Bengal’s suit alleging misuse of CBI by Union maintainable: Supreme Court

The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.

Case Briefs High Courts

Delhi High Court dismisses PIL against Dalai Lama for alleged molestation of minor child

The Delhi High Court took judicial notice of the fact that Dalai Lama had already expressed his apology to those who may have been offended by his action.

Case Briefs High Courts

‘S. 21 notice not required if claim is filed in form of counterclaim for which reference has been made by Court’; Delhi HC dismisses Arbitration Applications

Since AISPL and the ASF Group had assumed responsibility for payments to be made to SPCPL, their impleadment was necessary for a comprehensive adjudication of the matter.

Case Briefs High Courts

Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period

The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.

Case Briefs High Courts

Delhi HC sets aside impugned order allowing documents taken on record after 14 months of initiation of suit

The Court stated that the impugned order was entirely against the compliance of provision under Order XI Rule 5 of Code of Civil Procedure, 1908 and spirit of Commercial Courts Act, 2015, thus, the documents brought on record were directed to be taken off the record.

Case Briefs High Courts

Sending first time offenders of less serious offence to jail might attract them towards a life of crime instead of reforming: Punjab and Haryana HC upholds probation

The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison.

Case Briefs High Courts

Rajasthan High Court stays acquisition of land for new railway line in Rajsamand District

The petitioners alleged that the objections were decided without affording them a proper opportunity of hearing, relying solely on a newspaper notice.

Case Briefs High Courts

MP High Court quashes Rape case lodged by Honey trap racket operator

The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.

Case Briefs High Courts

‘Present Liquor Rules appears to protect TASMAC shops and Bars’; Madras HC requests State Government to re-visit their liquor policy for the welfare of people

“We come across many such cases where people in the locality oppose the move of the authorities to locate the TASMAC shop or IMFL shop or license for selling such IMFL and in respect of those objections given by the public, especially the women folk, the answer given by the authorities is that the Rule is not violated.”

Case Briefs High Courts

‘Malicious intent behind allegations’: Delhi HC dismisses petition challenging TATA SIA and Air India merger alleging cartelization and bid rigging

“These allegations, which are not only unsupported by evidence but also seem to be driven by malice, undermine the integrity of the judicial process. The claims are made without any regard for truth and appear to be designed to manipulate or mislead”

Case Briefs High Courts

Recall of witness for production of original documents will not amount to filling up lacuna in evidence discovered on cross-examination: Bombay High Court

The Court noted that though a witness was mandated to produce original bank documents, he committed a mistake in bringing only photocopies containing endorsement that the same were verified with the original.

Case Briefs High Courts

‘Entitled to lead a life with all dignity in an environment that will be congenial’; Tripura HC grants bail in NDPS case to a man tested HIV positive

The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.

Case Briefs High Courts

Bombay HC permits student to reappear for HSC exam, who missed it while undergoing treatment for Internet Gaming Disorder

The Court found that the petitioner was a bright student, and the medical documents were authentic; therefore, in the interest of justice, the Court permitted the student to appear in the July 2024 HSC exam subject to the payment of late fees.

Case Briefs High Courts

Sikkim HC upholds conviction of grandson on sole testimony of grandmother raped by him on multiple occasions

The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.

Case Briefs High Courts

Calcutta High Court directs Enhancement of Forensic Capabilities due to BNSS Enforcement, recognizing NIBMG as Government Forensic Laboratory

By directing the recognition of NIBMG as a CFSL and its scientists as government experts, the Court aims to alleviate the pressure on existing forensic laboratories and ensure timely and accurate forensic analysis, thereby strengthening the overall criminal justice system.

Case Briefs High Courts

[Doctrine of Legitimate Expectation] Delhi High Court directs Rs. 30 Lakhs Additional Insurance for deceased Pawan Hans Pilots employed in Naxal-Infested Areas

Doctrine of legitimate expectation would be fully applicable to the facts of the present case and Pawan Hans Helicopters Limited cannot deny the payment of the additional cover of Rs.30 lakhs to the petitioners only for its own lethargy or inability to obtain the renewal of the subject policy within time.

Case Briefs High Courts

Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court

‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”

Case Briefs Supreme Court

[WB Universities VC Row] SC appoints former CJI UU Lalit as head of committee for appointment of VCs

The Chairperson has been authorized to constitute separate or joint SearchcumSelection Committees for one or more Universities, keeping in view the nature of subjects/disciplines.

Case Briefs High Courts

‘Women are not compelled to carry pregnancies leading to birth of child with severe abnormalities’; Delhi HC allows medical termination of pregnancy beyond 24 weeks

Section 3(2B) of the MTP Act ensures that gestational age does not hinder necessary medical intervention in cases of substantial fetal abnormalities.

Case Briefs High Courts

Madras High Court allows burial of BSP Chief K. Armstrong in Pothur Village

K. Armstrong was President of Bahujan Samaj Party over 17 years. He was murdered by Anti- Social rowdy elements on 05-07-2024.