Case Briefs Archives | Page 2 of 909

Sister-in-law taunting for not conceiving not a ground for S. 498A IPC & Section 3 and 4 of Dowry Prohibition Act charges to sustain: Andhra Pradesh High Court

The only reference to petitioners 3 and 4 is that, during visits to the accused No. 1 and third respondent’s home, they taunted her for not being able to conceive. Such vague allegations, without specific dates or details, cannot withstand legal scrutiny.

Case Briefs Supreme Court

‘Illness is presumed to be service related if no disease is recorded by medical board at time of entry’; Supreme Court orders 50% disability pension for ex-serviceman

Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.

Case Briefs High Courts

‘Advocates perceived as client’s agent, must respect client’s autonomy to make decisions’; Bombay HC quashes forgery case against advocate

A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during his employment and the services hired or availed of an advocate will be that of a contract “of personal service”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Zee Entertainment guarantor’s liability arises only upon invocation of demand guarantee by IDBI: NCLAT dismisses IDBI’s plea to initiate CIRP

“There shall be liberty to the appellant to file a fresh Section 7 application for any default on the part of the corporate debtor subsequent to 10A period.”

Case Briefs High Courts

Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide: Delhi HC grants bail to a man accused u/s 498A, 304-B IPC

Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.

Case Briefs Supreme Court

Supreme Court pulls up Government of Haryana for non-compliance in manual scavenging compensation case; Orders Chief Secretary’s Personal Presence

“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”

Case Briefs High Courts

Gullible individuals facing rough weathers in life fall prey to inducements in the name of religious preachers; Delhi High Court denies anticipatory bail

Despite a settled legal proposition that the courts dealing with bail applications are not forum for recovery of money, indulgence was repeatedly extended to the accused/applicant, apparently keeping in mind the pitiable condition of the victims of the cheating.

Case Briefs Supreme Court

Supreme Court invokes Article 142 to dissolve marriage on grounds of irretrievable breakdown; Grants wife visitation rights with daughter

“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”

Case Briefs High Courts

Punjab and Haryana HC seeks response from SSP regarding man allegedly tortured, given electric shocks, recorded naked in police custody

“The present case involves allegations of gross misconduct of the acting officials and in the opinion of the Court, requires a detailed response qua the chain of events as they unfolded in actuality as also qua the alleged custodial torture that the petitioner was allegedly subjected to.”

Case Briefs High Courts

‘Power to enact and to repeal is sole prerogative of legislature’; Meghalaya HC dismisses plea challenging vires of Rajitlal University (Repealing) Act 2023

RITHS Trust, described as the sponsor in the Rajitlal University Act, 2011, filed the present plea. However, even after three years of the Act, the sponsors of the University had not shown any interest in approaching the State Government with an application to establish the University.

Case Briefs High Courts

‘Constructive possession enough for gift transaction’; Bombay HC rejects second appeal of brother claiming right to property gifted by father to the other son

“When the donor and donee, who are father and son, are residing together in residential house owned by the father, it is not expected that after gifting the property by way of Hiba, the father would leave the residence.”

Case Briefs High Courts

Calcutta High Court allows Suvendu Adhikari’s visit to violence-affected Murshidabad areas; Directs prior intimation and police coordination

The Court permitted the petitioners to visit Dhuliyan, Suti, and Samsherganj, subject to a condition of giving at least 24 hours’ prior intimation to the jurisdictional Superintendents of Police.

Case Briefs High Courts

‘Lady Constable seen smacking on her head’; Calcutta High Court directs SIT probe into alleged custodial torture of student protester by West Bengal police

In the report prepared by the Inspector General of Police it is reflected that the Lady constable was smacking on the head of the petitioner and pushing her. Further the petitioner was found to be out of coverage for 3 hours 52 minutes.

Case Briefs High Courts

Madras HC directs State to grant temporary leave to undertrial prisoners to attend relative’s funeral without requiring interim bail from Court

“The right of a prisoner, whether convicted or under trial makes no difference to temporary leave of absence to attend burial/funeral of a close relative is rooted in the principle of humane treatment and the inherent dignity as a human being. This right does not differentiate between the two categories of prisoners.”

Case Briefs High Courts

Can serious POCSO offences be quashed on settlement between parties? Kerala High Court answers

“Each case will have to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that the quashment is wholly impermissible in cases involving POCSO offences.”

Case Briefs High Courts

‘Leaking competitive exams question paper more heinous than murder’; Chhattisgarh HC rejects former Chhattisgarh PSC Chair Taman Singh Sonwani’s bail plea

“A person who indulges in facilitating leakage of question paper relating to competitive examinations, plays with the career and future of lakhs of young aspirants, who are ‘burning the midnight oil’ to prepare for competitive exams. Such an act is more heinous than an offence of murder because by killing a person, only one family gets affected but by ruining the career of lakhs of aspirants whole society is adversely impacted.”

Case Briefs High Courts

Delhi HC directs CIC to determine whether inclusion of name in CBI’s list of ‘Undesirable Contact Men’ falls within exception under S. 24(1) RTI Act; remands case to CIC

“Prima facia, this Court finds merit in the petitioner’s argument that the publication of his name in the newspaper clipping, has resulted in a violation of human rights as the same has harmed his dignity and professional standing.”

Case Briefs Supreme Court

‘For every instance of misuse, there are hundreds of genuine cases’; SC dismisses petition seeking declaration regarding constitutionality of S. 498-A IPC

The Court opined that impugned provisions do not warrant judicial interference, because it is well-settled law that courts refrain from intervening in matters of legislative policy or mandate

Case Briefs High Courts

‘Only Talaq-e-Biddat (Triple Talaq) is prohibited and not Talaq-e-Ahsan’; Bombay HC quashes FIR against husband and his parents

Respondent 2 stated that the notice which her husband, Applicant 1 had given on 28-12-2023, stated that Talaq-e-Ahsan i.e., one pronouncement of Talaq, was given to her.

Acquittal of man accused of burning family alive

Case Briefs Supreme Court

Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case

“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”