Case Briefs Archives

Complete denial of company to spouse, without any justifiable reason, amounts to cruelty; Constitutes death of spirit and soul of Hindu marriage: Allahabad HC

“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”

Case Briefs High Courts

Inside Calcutta HC order transferring R.G. Kar Medical College ‘Massive Corruption’ case to CBI

Transferring the case to CBI would prevent unnecessary delay in the judicial process as well as potential misrepresentation of information which could undermine effective and credible enforcement.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

S. 124 of the Railways Act has an overriding effect vis-a-vis compensation payable as provided under the Railway Accident and Untoward Incidents Rules: NCDRC

“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.

Case Briefs High Courts

Delhi High Court upholds Order setting aside compulsory retirement of IPS Officer Gurjinder Pal Singh

Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.

Case Briefs Supreme Court

Supreme Court grants bail to K. Kavitha in Delhi Excise Liquor Policy Scam

The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy

Case Briefs High Courts

Patna HC grants bail to ISKCON monk, a Nigerian citizen allegedly travelling India without a valid visa

Petitioner was released on bail on furnishing bail bonds of Rs 10,000 with two sureties of the like amount, subject to the condition that one of the bailors should be the President of ISKCON, Patna.

Case Briefs High Courts

Allahabad High Court orders inquiry against State in concealing material evidence against Mahant accused of filming bathing women in Chhota Haridwar

Allahabad High Court has directed an inquiry to be conducted by an Officer not below the rank of Principal Secretary to be nominated by Chief Secretary of Uttar Pradesh

Case Briefs High Courts

Read why Bombay HC quashed S. 498-A IPC proceedings initiated against husband’s paramour by wife

“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”

Case Briefs Supreme Court

Coordinate Bench’s view of same HC cannot be ignored even if considered to be incorrect in law; Reference to larger bench the only option: SC

In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.

CECB officers NGT penal proceedings NGT Act

Case Briefs Supreme Court

‘Delay in compliance of NGT orders not wilful’; SC sets aside initiation of penal proceedings against CECB officers

The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.

Case Briefs High Courts

Can plea bargaining extend to commission of a gender centric offence? Madras High Court answers

“BNS has made certain offences gender neutral. But still, they are gender centric offences and not non-gender offences. There is a sharp difference between gender centric or gender-neutral offence and a non-gender offence.”

Case Briefs High Courts

Delhi High Court denies travel permission to Sahara linked Director; Upholds LOC restrictions amid SFIO Investigation

Delhi High Court has denied travel permission to a Sahara-linked director, maintaining Look Out Circular restrictions amidst a critical SFIO investigation. The Court’s decision underscores the ongoing scrutiny of financial ties and the impact on ongoing probes.

Case Briefs High Courts

Minor defects in Nomination Forms not substantial enough to affect Election Result: MP High Court

“The petitioners have not averred as to how the result of the returned candidate can be affected by minor deficiencies. Thus, the petitioners have failed to make out any cause of action.”

TickleVGiggle gender identity australian court

Case Briefs Foreign Courts

Australian Court finds transwoman indirectly discriminated on basis of gender identity by social media platform ‘Giggle for Girls’

The Court found that applicant was excluded from the use of the Giggle App because she did not look sufficiently female, according to the respondents; hence, the respondents were directed to pay compensation of $10,000 to the applicant.

Case Briefs High Courts

‘S.115(1) of Mental Healthcare Act overrides S.309 IPC’; Bombay HC quashes FIR u/s 309 IPC against woman who attempted to commit suicide under stress

Section 115 of the Mental Healthcare Act, 2017 stated that a person who tried to commit suicide, enjoyed a statutory presumption about mental stress and having regard to such presumption, is excluded from being put on trial.

Case Briefs High Courts

Delhi High Court issues directions to ensure respectful, accessible, and efficient admission process for EWS/DG students in private unaided schools

By denying the opportunity for continuous education in a school run by the same society, a pitiable situation frequently arises where, due to the two different identification numbers assigned by the DoE to the school’s junior and senior wings, financial segregation of students is indirectly perpetuated.

Case Briefs High Courts

‘Fair criticism of judicial act in Internal notes does not amount to contempt’; M.P. High Court dismisses proceedings against Tehsildar, SDO

“The Government functions in bureaucratic manner and every opinion has to be recorded in writing. The permission for granting appeal has to be in writing.”

Case Briefs High Courts

Delhi High Court grants bail to Chief Business Strategy Officer of IL&FS Securities Services Ltd. in Dalmia Cements fraud case

Chief Business Strategy Officer was a clearing agent and thus, his job was not that of a stockbroker but merely of acting as a facilitator between the stock exchange and the broker.

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL directs BESCOM to make payments of all unpaid invoices along with interest and future payments to wind power generators

“It is an established legal principle that any administrative action / order does not absolve a party to a valid and subsisting Power Purchase Agreement from discharging its obligation under the PPA.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice to Principal Chief Conservator of Forest, Tiger Conservation Authority and MoEFCC over proposed hotel construction in Kaziranga National Park

Over 45 farmer families survive on the yield produced from the 19- acre land in Inle Pothar, of which 9.9 acre has been earmarked for the luxury hotels project. It is also home to the one-horned rhinoceros, elephants, tigers, wild buffaloes and wild boars among other species.