Case Briefs Archives

“Bail is the rule, Jail is an exception” Supreme Court reiterates; Grants conditional bail to person accused under UAPA

The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.

Case Briefs High Courts

“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion

The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.

Case Briefs High Courts

Explained | Bombay HC verdict directing UAE Based Parties to disclose assets in India for execution of decree for recovery of money by Luxembourg Company

Although HSBC has initiated the proceedings before the Court in UAE, seeking orders to pay the amount under the facility letters and to obtain a decree, ARF SV 1 Sar-applicant is entitled to pursue the claim in execution in the Courts in India by filing the Execution Application.

Case Briefs High Courts

Allahabad High Court denies bail to Maulana accused of performing Nikaah after forced conversion to Islam

Allahabad High Court said that the informant in her statement recorded under Section 164 CrPC had categorically submitted that she was forced to accept ‘Islam’ and Nikaah was performed. Thus, the applicant being “Religion Convertor” is equally liable under the Act, 2021.

Case Briefs Supreme Court

SC issues contempt notice to Manipur Chief Secretary over service continuity & consequential benefits to re-appointed MPSC officers

“In the event, the candidates who were already appointed on the basis of results of the main examination conducted in September, 2016, if successful in the re-conducted main examination in terms of this order, they would be given continuity of service and consequential benefits upon being appointed against the concerned posts.”- Supreme Court’s direction

Case Briefs High Courts

Delhi High Court modifies MACT Award to reduce compensation for loss of future income to man with pre-existing disability

The Court calculated the disability incurred by the claimant after the accident so as to determine a just and reasonable compensation.

Case Briefs High Courts

Meghalaya High Court upholds Assam rifleman’s dismissal from service for engaging in polygamy

Rule 10(2) of the Assam Rifles Rules, 2010 provides that “any person subject to the Act, who contracts or enters into a second marriage during the lifetime of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability.”

Case Briefs Supreme Court

Default borrowers, served with look out circular by MHA at the instance of Public Sector Banks, to seek permission from HC to travel abroad: Supreme Court

“The applications before the High Court, seeking permission to travel abroad shall be considered and disposed of expeditiously.”

MSMEs directions RBI Government statutory force

Case Briefs Supreme Court

Directions issued by Govt and RBI under S. 9, MSMED Act and Ss. 21 & 35-A, Banking Regulation Act respectively, have statutory force: SC

The matter revolved around the Notification dated 29-05-2015 issued by the Central Government, containing instructions for the Framework for Revival and Rehabilitation of MSMEs.

Case Briefs High Courts

Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court

The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.

Case Briefs High Courts

‘Feeble excuses’; Bombay HC directs administrative action against Judicial Magistrate for non-compliance with order for expeditious disposal of trial

The Judicial Officer’s feeble excuses made in favour of non-compliance with the Court order could not be accepted; Judicial Officer is not performing duties seriously.

Case Briefs Supreme Court

[Kolkata Rape and Murder case] Supreme Court orders constitution of National Task Force to give recommendations on modalities ensuring safety at workplace

Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.

Case Briefs Foreign Courts

Explained | Why CAS dismissed Vinesh Phogat’s application for a joint silver medal in Paris Olympics 50 kg wrestling competition

The Sole Arbitrator opined that the consequences of the failed second weigh-in, which do not arise from any illegal or wrongful act on the part of the Applicant, are draconian.

Case Briefs High Courts

Bombay HC dismisses PIL filed by firm ‘Crimeophobia’ to constitute Transnational Sanatan Commission; imposes Rs 10,000 cost

The prayers made in the present PIL are not only omnibus in nature but also are multiple in number, covering diverse subjects and have no factual or legal basis for it.

Case Briefs High Courts

Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties

The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.

Case Briefs High Courts

Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings: Orissa HC

“While the guideline aims to protect judicial officers from unwarranted harassment, it does not eliminate the possibility of addressing genuine issues faced by individuals or communities due to the actions of a judicial officer. The High Court retains the responsibility to ascertain the authenticity of the complaints and take appropriate action based on verified facts.”

Case Briefs Supreme Court

[Sikmi Rights] Supreme Court directs Tehsildar to carry out measurement of disputed property; Maintains status quo

Supreme Court clarified that if there is any attempt by the parties to obstruct the revenue authorities or the local police from complying with our directions, suitable action will be taken against them.

Case Briefs Supreme Court

[Detention Under COFEPOSA] SC disposes of challenge against Delhi HC’s decision quashing detention orders for being infructuous by efflux of time

The question of law which revolved around right of making representation being seriously jeopardized as detenus were supplied with various documents as parts of relied upon documents (‘RUDs’) which are illegible, incomplete and not readable violating Article 22 (5) of the Constitution of India read with Section 3 (3) of COFEPOSA Act, was kept open.

Case Briefs High Courts

Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee

If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.

Case Briefs High Courts

Madras HC dismisses plea to declare ‘Thirukkural’ as National book of high values and virtues of India

“We are not restricting Thirukural to Tamil Nadu alone but at the same time, we do not want to open the Pandoras box, that will lead to complete chaos. Hence, we are not entertaining the Writ Petition.”