Case Briefs Archives

Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement

Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.

Case Briefs High Courts

‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”

Case Briefs High Courts

MP High Court seeks response in plea challenging State Committee’s expertise on Rehabilitation of migrated Wild Elephant

The petitioner argued that the State committee lacks expertise in handling elephants and suggested involving experts from states like Kerala, which have significant experience in managing wild elephants.

Case Briefs High Courts

‘Tampering with complaint raises concerns about integrity of investigation’; Calcutta HC cancels bail granted to accused in sexual assault case of IAS Officer’s wife

‘The bail application of an accused for offence under Section 64 of BNS cannot be heard and disposed of without giving the victim an opportunity to be heard.’

Case Briefs Supreme Court

[Tirupati Laddu Controversy] Supreme Court criticizes Andhra Pradesh CM Naidu for making public comments while matter was still under investigation

“Four writ petitions have been filed seeking various prayers, inter alia, including an independent enquiry and directions for establishing regulatory frameworks with respect to the religious trust and specifically the preparation of the prasadam”

Case Briefs High Courts

Allahabad High Court asks State to provide reasons why establishment of AIIMS like institute is not necessary in Prayagraj

Allahabad High Court noted that in the last ten years, the population in the region has increased substantially, resulting in acute pressure on the existing medical infrastructure.

Case Briefs High Courts

‘Stray dog menace in Delhi is a serious issue affecting human life’; Delhi High Court refrains to address MCD’s negligence claims

The relationship between humans and dogs is at times a relationship of compassion and unconditional love. The responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both, humans and dogs.

Case Briefs High Courts

Timeline of 90 days for filing appeal prescribed under S.21 of NIA Act is ‘justice bar’, to be applied equally to accused and agency: Telangana HC

The doors of justice cannot selectively be shut to a few and not to others, particularly where the life and liberty of the accused is at stake.

Case Briefs High Courts

‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle

Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.

Case Briefs High Courts

Can income-tax reassessment notice under S. 148 be issued on ‘change of opinion’ for material scrutinised in previous assessment? Gujarat HC answers

Documents relating to proof of deduction under Section 54F of the Act; Bank statement showing payment for above deduction; Statement justifying sale consideration; Working of capital gain were all furnished by the assessee.

Case Briefs High Courts

Delhi High Court quashes blacklisting of 17 Haj Group Organizers on lack of clear notice on debarment

While the impugned orders are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any violations of the Haj Policy, 2023, attributable to the petitioners.

Case Briefs High Courts

Calcutta High Court directs POCSO Court to enquire against mother-daughter for filing false rape case under political pressure

‘If it appears that victim was not a minor at the time of lodging false complaint and recording of her statement, appropriate action should be taken against her without hesitation.’

Case Briefs Supreme Court

SC acquits all 7 persons convicted in 1985 murder & abduction case as reasonable doubts strike prosecution case’s foundations

The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.

Case Briefs Supreme Court

‘Technological impediment cannot be a reason for harassing assessee year after year’ Supreme Court directs IT Department to upgrade software

The Central Board for Direct Taxes was also directed to take necessary steps for rectifying the software as the issue may not be resolved by the Jurisdictional Assessing Officer.

Case Briefs Supreme Court

Improper for Court to grant interim relief in routine situations when a party has been directed to seek relief from High Court: Supreme Court

“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT seeks Government’s response on plea seeking implementation of Star ratings for cars based on fuel efficiency & CO2 emissions

“Vehicular pollution is the most important contributory factor in air pollution and as per the Ministry of Earth Sciences, vehicular pollution is responsible for 40% of such air pollution.”

criminal proceedings father son property dispute

Case Briefs Supreme Court

When SC intervened to rescue parties trapped in criminal proceedings provoked by a Father-son property dispute

It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.

Case Briefs High Courts

‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child

The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.

Case Briefs High Courts

“Any further investigation after filling of Police Report requires trial court’s permission under Section 193(9) of BNSS”: Rajasthan High Court

The Court noted that since the petitioner was not found to be involved in any offence, his plea for quashing the FIR no longer required adjudication.

Case Briefs High Courts

‘Special equities have to partake the character of irretrievable injustice’; Delhi HC quashes award by Arbitral Tribunal to injunct invocation of Bank Guarantees

‘The person at whose instance a Bank Guarantee has been issued by the bank is not a party to it and is merely a benefactor from whose account the payment would be realized.’