Case Briefs Archives

Delhi High Court directs Municipal Authorities to prepare and implement a programme for dealing with ‘monkey menace’

‘Civic agencies should carry out a year-long public awareness campaign to inform people how their feeding does not benefit the monkeys but only harms them by increasing their dependence on humans.’

Case Briefs Supreme Court

Supreme Court grants bail to POCSO accused after five months in custody

Supreme Court directed the accused to extend complete cooperation in the trial, and to not misuse his liberty in any manner or to influence the witnesses in any way. In addition, the accused was directed to not make any attempts to re-associate with the victim girl in any manner either through a device or in-person.

Case Briefs High Courts

Collector’s direction under S.142(1) of Maharashtra Prohibition Act, 1949 to close liquor shop to maintain public peace must be specific and not general: Bombay HC

The Collector’s power under Section 142(1) is not restricted to one place, provided the Collector forms an opinion that it is in the public interest to keep the ‘place’ or ‘places’ closed ‘where’ the intoxicant or hemp is sold.

Case Briefs High Courts

Delhi High Court rules Domicile Certificate delays beyond students’ control; Directs CBSE to declare Board Exam results

The process of issuing and submitting the domicile certificates was delayed due to factors beyond the petitioners’ immediate control, and it is observed that no prejudice has been caused to the respondent-CBSE or any third party due to this delay.

Case Briefs High Courts

Delhi HC seeks reply on legal notice containing ‘malicious and contemptuous’ allegations against itself; Issues notice to ‘The New Indian’ and ‘X’ for publishing the same

‘The legal notice alleged that the Court had passed directions in its previous order on the basis of presumptions which, the Court said, amounts to making of contemptuous remarks against the High Court and the entire institution.’

Case Briefs High Courts

Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India

‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’

Case Briefs High Courts

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Case Briefs High Courts

Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court

The Trial Court is trying its best to conclude the trial at the earliest, but, many times, many things are not under the control of the presiding officer and all parties concerned shall support the Court in concluding the trial within a reasonable period.

Case Briefs High Courts

Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana HC to decide

The present appeals are filed in relation to writ petitions which challenged the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions seeking disqualification of three members of Legislative Assembly.

Case Briefs Supreme Court

Section 3(1), TOLA overrides Section 149 of Income Tax Act only to the extent of relaxing time limit for issuance of a reassessment notice: SC

The Court stated that TOLA will continue to apply to the Income Tax Act after 1-4-2021 if any action or proceeding specified under the substituted provisions of the Income Tax Act falls for completion between 20-3-2020 and 31-3-2021.

Case Briefs Supreme Court

[1998 Brij Bihari Prasad murder] SC restores life sentence of former MLA Vijay Kr. Shukla & another; Acquits others on benefit of doubt

Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.

Case Briefs High Courts

Rajasthan High Court takes Suo Moto cognizance on ‘Heartbreaking’ news on homeless widow’s plea for protection of her Children

“Protecting children’s right is not just a legal obligation, it’s a moral imperative that directly impacts the future of our society … The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.”

Case Briefs High Courts

Delhi HC allows settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort

Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.

Case Briefs High Courts

‘Act quite close to cannibalism’; Bombay HC confirms death sentence of a man who killed, intended to eat his mother

The present case is the most brutal, barbaric, and gruesome murder of a 60-year-old mother by her son on 28-08-2017 at Makadwala Vasahat, Kolhapur, where her body parts, i.e., liver, intestine, heart, rib and breast were eviscerated outside

Case Briefs High Courts

‘Evident miscommunication made about dis-entitlement of disability pension’; Punjab and Haryana HC grants complete disability pension to a man enrolled in Army

Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.

Case Briefs High Courts

Rajasthan High Court imposes cost of ₹5 Lakhs for non-disclosure of coordinate Bench’s previous order, deems it as “adding fuel to fire”

The Additional Advocate General brought the Court’s attention to a previous order, where the Coordinate Bench of this Court directed the educational institution to apply for a fresh NOC before seeking further relief for future academic years.

Case Briefs Supreme Court

Supreme Court grants bail to murder accused after two years; Notes six co-accused already released

Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

‘State cannot fix quota or percentage of admission in unaided minority educational institutions’: Chhattisgarh HC declares Rule fixing 50% seats to local minority students as ultra vires

Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.

scope powers of the Appellate Court Section 37 A&C Act

Case Briefs Supreme Court

Arbitration and Conciliation Act | Appellate power of Section 37 is limited within the domain of Section 34: Supreme Court

“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.