Case Briefs Archives

‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case

‘The allocation of the family resource cake should align with the financial needs of each family member’

non recording reasons appointment junior ranked officer Judge Advocate

Not recording reasons in convening order for appointing junior ranked officer as Judge Advocate invalidates Court Martial proceedings: SC

The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.

Case Briefs High Courts

Morbi Bridge Collapse | Gujarat HC directs execution of written instruments outlining benefits to victims including marriage expenses for girls, jobs to PwD

“The list of beneficiaries must include those victims who were already widow and have lost lone earning member of their family. The physically disabled victims shall be accommodated in a well-paid job.”

Case Briefs Supreme Court

Supreme Court imposes Rs.10 lakh costs on National Medical Commission over challenge to Medical College’s approval for increase of seats

“Making a party run from Court to Court to seek permission, specifically when the institute concerned is not a new institute and has been running for the last 18 years, is only an attempt to harass the institution. Particularly, when the approval granted earlier for the academic year 2023-2024 was withdrawn, no deficiency, except non-grant of COA, was pointed out”

Case Briefs High Courts

‘Petitions bereft of material particulars’; Bombay HC dismisses plea challenging Congress MP Shivaji Bandappa Kalge’s election

Enquiry cannot be conducted in the status of Shivaji Bandappa Kalge, the returned candidate and he cannot be declared as not belonging to “Mala Jangam” community scheduled caste as he has a caste validity certificate in his favour by the Caste Scrutiny Committee which has exclusive jurisdiction to grant the said certificate.

Case Briefs High Courts

Read why Delhi HC granted default bail to fake doctors for offence under Section 304 IPC, due to procedural error by the Police

With respect to the offence under Section 304, the duration of imprisonment can only be ascertained at the conclusion of trial, and the period of investigation for that offence shall only be 60 days and not 90 days, unless the facts of a case undisputedly indicate an intention of the accused to cause death or bodily injury likely to cause death.

Case Briefs High Courts

DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds

The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.

Case Briefs High Courts

Madras High Court waives Swiss Garnier’s pre-deposit contemplated under S. 19 of MSMED Act for setting aside an award

The statutory authority under the MSMED Act would only have the jurisdiction to entertain a dispute when the supplier had been registered as a Micro or Small enterprise under the MSMED Act at that relevant point of time.

Case Briefs High Courts

Well-qualified wife should not remain idle and dependent on maintenance from husband: MP High Court

“Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”

Case Briefs High Courts

Karnataka HC refuses to quash POCSO case against Drawing Teacher for allegedly taking photos/videos of minor girls changing dresses

The Court strictly observed that the offence against the petitioner is a shade more than horrendous. “More than horrendous, I say, for the reason that the petitioner is a teacher (…) If this cannot become a crime, it is not understandable as to what else can be”.

Case Briefs High Courts

All women employees entitled to 180 days Maternity Leave, irrespective of nature of employment: Rajasthan High Court

“Motherhood is one of the most profound and rewarding experiences in a woman’s life. It is a blessing that transcends societal boundaries, cultural norms and professional roles.”

Case Briefs High Courts

‘SC’s 2023 decision in Ashish Agarwal does not deprive assessee of the right to question initiation of reassessment based on S.149(1)’; Delhi HC quashes notice against Genpact India

‘Although Genpact had alluded to the amended statutory regime that had come into existence and had informed the AO of the obligation to follow the procedure under Section 148A, no legal challenge was instituted to impugn the action commenced by notice dated 30-06-2021.’

Case Briefs High Courts

Bombay HC rejects Builder’s pre-arrest bail plea in Building Collapse case leading to loss of lives; calls for thorough investigation

Applicant is alleged to have constructed a four-storey building without necessary permissions and using substandard materials, violating the provisions of the Maharashtra Regional and Town Planning Act, 1966.

Case Briefs High Courts

Can Muslim wife claim interim maintenance under S.151 CPC while seeking divorce under Dissolution of Muslim Marriage Act? Madras HC answers

“Since the legislature cannot contemplate a solution to all the problems that are presented in Society. Within the broad framework that is laid down by the legislature, Courts will have to find a solution to the individual cases.”

Case Briefs High Courts

Rajasthan High Court permits accused to travel abroad to attend daughter’s engagement ceremony; upholds Right to personal liberty

“Virtual presence cannot substitute the physical presence of a father at his daughter’s engagement, which is a once-in-a-lifetime event for both father and daughter.”

Case Briefs High Courts

Live-in couples are entitled to protection from tangible threats, even if one of the partners is already married: Punjab and Haryana High Court

The Court stated that if any of the partners in a live-in relationship has minor children, none of the partners is required to abandon his/her duty to provide optimum care and protection to the minor children.

Case Briefs Supreme Court

No black and white photographs in pleadings without prior permission of Court: SC directs Registry

“For a long time, the parties are placing on record black and white photocopies of photographs, mostly which are blurred.”

shashi tharoor 2018 defamatory statements against PM Modi

Case Briefs Supreme Court

SC stays proceedings against Shashi Tharoor over 2018 defamatory statements on PM Narendra Modi

Shashi Tharoor while addressing the audience at the Bangalore Literature Festival in 2018 had quoted lines from the article published by the Caravan magazine and which said that “Mr. Modi is like a scorpion sitting on a Shivling; you cannot remove him with your hand, and you cannot hit it with a chappal either.”

Case Briefs High Courts

MP Municipalities Ordinance amending ‘period to move no-confidence motion against Municipal Council Head’ has retroactive operation: MP High Court

The Court criticised the state of uncertainty among various officers due to inconsistent application of the Ordinance and suggested that the State Government should have provided clarity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Money advanced for clearing land title is an investment, not financial debt under Section 5(8) of the IBC: NCLAT

The NCLAT reinforced that not all financial transactions qualify as financial debts under the IBC.