Case Briefs Archives

‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man

As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.

Case Briefs High Courts

‘Nikah-Nama should be issued in a language widely known to society’; Rajasthan High Court directs State to issue guidelines for bilingual Nikah-Namas

“Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law.”

Case Briefs Supreme Court

SC discusses essential ingredients of S. 306 IPC while discharging husband & his family from charges of abetting wife’s suicide

“It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under Section 306 IPC cannot be sustained.”

Case Briefs High Courts

Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy: Kerala HC

There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.

Case Briefs High Courts

Rajasthan High Court allows father’s Habeas Corpus plea; directs child’s return to US rather than facing illegal migrant status in India

The Child status as an illegal migrant in India post-visa expiration posed legal and social constraints, making his welfare better served in the U.S., where he enjoys full rights as a citizen.

Case Briefs Supreme Court

Supreme Court quashes false dowry case; highlights growing misuse of Section 498A IPC against husband and his family for personal vendetta

“Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm-twisting tactics by a wife and/or her family.”

Case Briefs High Courts

Non-compliance of natural justice principles, an exception to Rule of Discretion vis-a-vis exercise of HC’s jurisdiction under Art. 226: Karnataka HC

Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.

Case Briefs Supreme Court

[POCSO] Supreme Court grants anticipatory bail to 28-yr-old man accused of molesting minor girl

Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.

Case Briefs High Courts

Know why Madras HC allowed accused persons in Kodanadu heist and murder case to examine former CM Edappadi Palaniswami and VK Sasikala as witnesses

Madras High Court emphasized that it is crucial for the true facts of the case to be brought to light in the pursuit of justice. Denying both the prosecution and the defense the opportunity to present their cases would violate fundamental legal principles

Case Briefs High Courts

Karnataka HC denies bail to Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores

The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.

Case Briefs High Courts

Read why Kerala HC directed ED probe and payment to victims of Edamulackal Co-Operative Bank fraud case

The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.

Case Briefs High Courts

Gauhati HC directs Chief Executive Officer, Haj Committee to dispose of representations on excess amount collected from pilgrims within 90 days

Though the air fare of the chartered flight from Guwahati to Jeddah was collected from the pilgrims, however, during the boarding at Guwahati, pilgrims of Assam were asked to take normal passenger flight instead of international chartered flight.

Case Briefs High Courts

MP High Court accepts man’s unconditional apology in contempt case; directs him to plant 50 trees of indigenous species

The respondent expressed remorse and tenders an apology, undertakes that in future he will ensure maintenance of proper decorum of the Court and volunteered to undertake social service.

Case Briefs High Courts

Delhi High Court upholds trade mark rights of Ganesh Grains over its ‘GANESH’ marks; directs cancellation of ‘GANESH HARA MATAR’ mark

“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”

Case Briefs Supreme Court

‘Undue delay in issuing execution warrant for death penalty violates convicts right under Art. 21’; SC issues directions to tackle delays

“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”

Permanent commission to woman Army officer

Case Briefs Supreme Court

‘When a citizen wins a court ruling, others in similar circumstances should automatically benefit’: SC grants permanent commission to woman Army officer

Supreme Court reiterated that where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court.

Case Briefs High Courts

Rajasthan High Court takes Suo Motu cognizance of lack of adequate public sanitation facilities for women; issues notice

“Every woman should live a life of respect, equality and decency, free from any kind of fear, force, violence and discrimination. According to Article 21 of the Constitution of India, every citizen, including women is entitled to the right to life and dignity.”

Case Briefs High Courts

‘Right to reproductive choice includes right not to procreate’, Delhi High Court permits termination of 29-week pregnancy

The Court held that the petitioner should be permitted to terminate her pregnancy because allowing the Petitioner to continue with the pregnancy can impair the mental stability of the Petitioner as she is showing suicidal tendencies.

Case Briefs High Courts

Rajasthan High Court upholds validity of appointments from Non-State Civil Services category to Indian Administrative Service

“Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS category candidates.”

Case Briefs High Courts

MP High Court issues School Bus Safety guidelines following DPS Indore Tragedy

These guidelines will remain in force until the Government of Madhya Pradesh examines the situation and incorporates appropriate provisions into the Madhya Pradesh Motor Vehicles Rules, 1994.