Case Briefs Archives

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Case Briefs High Courts

Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court

The Trial Court is trying its best to conclude the trial at the earliest, but, many times, many things are not under the control of the presiding officer and all parties concerned shall support the Court in concluding the trial within a reasonable period.

Case Briefs High Courts

Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana HC to decide

The present appeals are filed in relation to writ petitions which challenged the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions seeking disqualification of three members of Legislative Assembly.

Case Briefs Supreme Court

Section 3(1), TOLA overrides Section 149 of Income Tax Act only to the extent of relaxing time limit for issuance of a reassessment notice: SC

The Court stated that TOLA will continue to apply to the Income Tax Act after 1-4-2021 if any action or proceeding specified under the substituted provisions of the Income Tax Act falls for completion between 20-3-2020 and 31-3-2021.

Case Briefs Supreme Court

[1998 Brij Bihari Prasad murder] SC restores life sentence of former MLA Vijay Kr. Shukla & another; Acquits others on benefit of doubt

Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.

Case Briefs High Courts

Rajasthan High Court takes Suo Moto cognizance on ‘Heartbreaking’ news on homeless widow’s plea for protection of her Children

“Protecting children’s right is not just a legal obligation, it’s a moral imperative that directly impacts the future of our society … The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.”

Case Briefs High Courts

Delhi HC allows settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort

Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.

Case Briefs High Courts

‘Act quite close to cannibalism’; Bombay HC confirms death sentence of a man who killed, intended to eat his mother

The present case is the most brutal, barbaric, and gruesome murder of a 60-year-old mother by her son on 28-08-2017 at Makadwala Vasahat, Kolhapur, where her body parts, i.e., liver, intestine, heart, rib and breast were eviscerated outside

Case Briefs High Courts

‘Evident miscommunication made about dis-entitlement of disability pension’; Punjab and Haryana HC grants complete disability pension to a man enrolled in Army

Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.

Case Briefs High Courts

Rajasthan High Court imposes cost of ₹5 Lakhs for non-disclosure of coordinate Bench’s previous order, deems it as “adding fuel to fire”

The Additional Advocate General brought the Court’s attention to a previous order, where the Coordinate Bench of this Court directed the educational institution to apply for a fresh NOC before seeking further relief for future academic years.

Case Briefs Supreme Court

Supreme Court grants bail to murder accused after two years; Notes six co-accused already released

Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

‘State cannot fix quota or percentage of admission in unaided minority educational institutions’: Chhattisgarh HC declares Rule fixing 50% seats to local minority students as ultra vires

Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.

scope powers of the Appellate Court Section 37 A&C Act

Case Briefs Supreme Court

Arbitration and Conciliation Act | Appellate power of Section 37 is limited within the domain of Section 34: Supreme Court

“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.

Case Briefs Supreme Court

[Delhi Education Rules] NDMC not responsible for salaries upon unlawful closure of School by DSGMC: Supreme Court

DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.

Case Briefs Supreme Court

S. 173(8) CrPC | ‘Frivolous & vexatious proceedings be met with due sanctions’; SC quashes further investigation order in decade-old murder case

‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’

Case Briefs High Courts

“Modesty of a woman is Worshipped in our country” MP High Court refuses to quash Rape case despite settlement

“A women survives as a mother, wife, sister and daughter etc. of every person. Her body is known as her own temple as she is specifically known for her sacrifices. Her sacrosanct entity is required to be protected in every circumstances.”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to aid Dalit student’s IIT fee issue; Grants admission to original allotment batch

Supreme Court acknowledged that the petitioner’s admission had been delayed through no fault of his own. It requested the Director of IIT Dhanbad to utilize his good offices to facilitate the petitioner’s ability to complete the coursework for the time already elapse.

Case Briefs High Courts

Karnataka HC directs ANI Technologies to pay Rs 5 Lakhs as compensation to woman sexually harassed by OLA cab driver in 2018

The Court directed the company’s Internal Complaints Committee to hold an enquiry into the complaint of the petitioner in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days.

Case Briefs High Courts

Madras High Court asks State to provide details on criminal cases against Isha Foundation

In view of the serious nature of the allegations raised against the institution, Madras High Court opined that some more deliberations are required to understand the truth behind the allegations.