Case Briefs Archives

Amid NDPS probe, Bombay HC directs UIDAI to reveal demographic information of Israeli national who obtained Aadhaar card despite ineligibility

The Israeli national was not in possession of a valid passport or a valid visa to justify his stay in India as a resident, to qualify him for being granted an Aadhaar card.

Case Briefs High Courts

Allahabad HC stays NHRC orders directing EOW to conduct inquiry into 558 aided Madrasas across the State

Acting on a complaint by respondent 9, the NHRC, in three separate orders directed the Director General of the U.P. Economic Offences Wing to initiate an inquiry into alleged financial and other irregularities in the management of these madrasas.

Case Briefs High Courts

Who must submit the Section 65B Evidence Act certificate? Rajasthan HC reiterates requirements

In the case at hand, the video was recorded in someone’s device and transferred to the device of the respondent who had submitted the certificate.

Case Briefs High Courts

Xerox copy of lost cheque admissible as secondary evidence under S. 65 Evidence Act if original was verified: Madras High Court

“If the original document is lost or destroyed, detained by the opponent, or third person, who does not produce it before the Court or physically irrecoverable, the secondary evidence is admissible”.

eviction of children from senior citizen's property

Case Briefs Supreme Court

Children can be evicted from senior citizen’s property in case of breach of obligation to maintain; SC reiterates

“Maintenance and Welfare of Senior Citizens Act, 2007 was enacted to address the plight of older persons, for their care and protection. Being a welfare legislation, its provisions must be construed liberally.”

Case Briefs High Courts

‘Litigant cannot be made to suffer on account of lapses of Advocate’s office’; Bombay HC condones 75-day delay in filing written statement

The Court opined that the applicants, upon finding out the lapse by the advocate’s office in filing the written statement, were vigilant enough to contact the Advocate themselves.

Case Briefs High Courts

‘Calling daily wage workers’ service as ‘casual’ is morally unjust’: Punjab and Haryana High Court allows plea for regularization

The Court stated that the present case is a stark reminder of the systemic inequity that daily wage workers suffered often under the garb of technicalities and institutional inaction.

service tax cannot be confirmed without evidence

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Mechanical reliance on income tax data impermissible’: CESTAT sets aside service tax demand confirmed without corroborative evidence

“Mere entries in income tax returns or Form 26AS cannot, by themselves, establish liability under the Finance Act, 1994, unless corroborated by evidence demonstrating rendition of taxable service.”

exercise caution in considering matrimonial cases

Case Briefs Supreme Court

Supreme Court emphasises on caution and consideration of pragmatic realities by courts while dealing with matrimonial cases

“The Court explained that mere general allegations of harassment and cruelty without pointing out the specific details would not be sufficient to continue criminal proceedings against any person”.

plea for cancelling bail of IREO group's MD

Case Briefs High Courts

‘Stranger with no direct prejudice cannot clothe himself as aggrieved party’: Punjab and Haryana HC dismisses plea to cancel bail of IREO Group’s MD in PMLA case

“Multiple fora, including the Delhi Police, Gurugram Police, and the Delhi High Court, have found him lacking locus and credibility. His petitions have been dismissed with costs, and the Bar Council of India has directed removal of his name from the Roll of Advocates.”

Case Briefs High Courts

Bar on anticipatory bail under S. 18 SC/ST Act inapplicable if substantive offence not established: Kerala High Court

“The prima facie conclusion that the accused had not committed any offence under Sections 376(2)(n) and 506 IPC, automatically lead to a conclusion that they had not committed an offence under Section 3(2)(v) of the SC/ST Act.”

Case Briefs High Courts

Assessee not ‘eligible’ under S. 144-C Income Tax Act, if no income variation made by Transfer Pricing Officer: Bombay HC

In the present case, there was no variation in the petitioner’s income by the order of the Transfer Pricing Officer. The petitioner contended that since no income variation was made, there was no occasion for assessing officer to pass any draft assessment order and serve it to petitioner.

Case Briefs Supreme Court

Supreme Court upholds Advocate’s 3-year suspension for misconduct; Bars License renewal without its nod

Rejecting the plea for leniency, the Court dismissed the appeal with exemplary costs of ₹1 lakh. Significantly, it directed the Collector, Agra, to attach the Advocate’s properties for recovery of the cost amount, which was ordered to be paid to the respondent.

Case Briefs High Courts

Delhi Riots: Here’s why Delhi HC rejected accused Devangana Kalita’s plea for reconstruction of case diary but allowed for its preservation

The petitioner had contended that there was discrepancy in the page numbering of the case diary in which statements under Section 161 of the CrPC had been recorded thereby raising the doubt of ante-dating of the statements.

Case Briefs High Courts

Educated Wives cannot be generalised as idle women burdening husbands with maintenance: Insights from Orissa High Court Ruling

Though her status as an Advocate was not disputed, the Court held that the wife and children were required to be maintained in law, commensurate to the standard of living of the husband/father.

Case Briefs Supreme Court

“Legal process cannot be misused to re-traumatise child abuse survivors”: SC rejects POCSO convict’s plea to recall 11-year-old niece for cross-examination

“To grant relief in case of this nature after the guilt has been proved and affirmed, would not merely undermine the majesty of the law, it would amount to betrayal of the constitutional promise made to every child in this country.”

Case Briefs High Courts

S. 21 NIA Act cannot be invoked to override complete mechanism provided under S. 25 UAPA in seizure matters: Jammu & Kashmir and Ladakh HC

“If the accused’s plea was accepted, it would amount to usurping the jurisdiction and power vested in the Designated Authority, who had all the powers of a Civil Court under Section 31 of the UAPA for making full and fair enquiry into the matter before it.”

Case Briefs Supreme Court

Builder-Banks Nexus in Delhi-NCR | Supreme Court directs CBI to proceed with the investigation in the case

More than 170 petitions were filed by over 1200 homebuyers/borrowers, raising issues of circumvention of regulatory framework by Banks and Housing Financial Corporations, and the resultant illicit benefits said to have been drawn by builders/developers at the cost of the homebuyers.

Case Briefs High Courts

Non-disclosure about cerebral palsy by wife’s family, entitles husband to annul marriage: Bombay High Court

Dismissal of the divorce petition by the Family Court on the grounds that the wife did not become violent and cerebral palsy only restricted body movements and was not a mental disorder, was acutely incorrect.

Case Briefs High Courts

‘Such apathetic approach is antithesis to rule of law’: Punjab and Haryana HC imposes Rs 1 Lakh cost on State for 15 years’ delay in presenting final report in criminal case

“The FIR in question was registered in 2007, but the cancellation report was prepared in 2007/2009 but the same has not been presented till the intervention of this Court.”