Case Briefs Archives

Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court

“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Demand of service tax u/s 73-A of Finance Act, 1994 incorrect when broadcaster’s service tax is collected and not retained: CESTAT reiterates

“With coming into force of interest provisions, the revenue neutrality concept has undergone a change, so as to consider duty neutrality different from revenue (Duty+interest) neutrality. Latter at time may not exist, even if former is present.”

Case Briefs Supreme Court

Accessible India Campaign| SC directs NALSAR to prepare report on making all public buildings disabled friendly; Centre to bear all costs

“Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment to bear all the expenses incurred by Centre for Disability Studies at NALSAR University of Law.”

Case Briefs High Courts

True love between individuals cannot be controlled through State action; Delhi HC quashes FIR against a man who eloped with an alleged minor girl

“In the present case, the future of families of the parties and the two daughters born out of this wedlock, and their beautiful harmonious life, they have built together in the last nine years, is at stake and dependent on the outcome of the present petition.”

Case Briefs High Courts

‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case

A woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences must be considered grave and serious when the trial is yet to be begin.

Case Briefs High Courts

Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases

“There is a need to respect the rights of convicts and need to acknowledge the importance of being released on parole for several purposes, including for maintaining social ties with family. However, the Courts are bound to consider counterbalancing public interest while deciding issue of grant of parole.”

Case Briefs High Courts

‘Right to get pension immediately after retirement is a recognised right’; Calcutta High Court directs payment of retiral benefits

Calcutta High Court held that any wrong deductions from the petitioner’s salary should not defeat the rightful claim for pension, a recognized right immediately after retirement.

Case Briefs Supreme Court

Supreme Court | Slum Rehabilitation Authority has statutory mandate over private agreements for Slum Rehabilitation Schemes

“The Slum Rehabilitation Authority has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based.”

Case Briefs High Courts

Himachal Pradesh High Court stays registration of contempt of court case against HPNLU Vice Chancellor

“Prima facie, even before the registration of contempt case against the Vice Chancellor of Himachal Pradesh, National Law University, Single Judge could not have given a finding that she had committed wilful disobedience of the Court’s order.”

Case Briefs High Courts

Know why Kerala High Court refused abortion for minor impregnated by minor brother

The Court also peremptorily directed the parents to ensure that the minor brother against whom allegations were made for impregnating his minor sister was not allowed anywhere near her or to have access to her in any manner.

Case Briefs High Courts

Calcutta High Court upholds eviction decree on non-compliance of stringent requirements under Section 7 of the W.B. Premises Tenancy Act, 1997

Calcutta High Court observed that the Compliance with mandatory provisions, specifically Section 7(1) and (2), is crucial for a tenant defending against eviction under the West Bengal Premises Tenancy Act.

Case Briefs High Courts

Benefit of interim maintenance cannot be denied merely based on unproven allegations of illicit relationship: Delhi High Court

“The object of the Domestic Violence Act, 2005 is to provide for more effective provisions to safeguard the rights of the women who are victims of violence of any kind occurring within the family, and for matters connected therewith or incidentally thereof.”

Case Briefs High Courts

Calcutta High Court upholds Presidency Small Cause Court’s jurisdiction to decide ejectment suit under W.B. Premises Tenancy Act, 1997

The Calcutta High Court upheld legislative competence to confer jurisdiction on Presidency Small Cause Court, considering the specific language of Section 12A excluding jurisdiction of any other court.

Rs. 5 Lakhs costs on accused US. 138 NI Act

Case Briefs Supreme Court

‘A case of persistent disregard for judicial directives’; Read Why Supreme Court imposed Rs. 5 Lakhs costs on accused under S. 138 of NI Act

“An individual’s nonchalant attitude towards financial responsibilities and Court orders can undermine the essence of judicial efficacy.”

Case Briefs Supreme Court

Read why Supreme Court upheld Madras HC’s order directing Cognizant technology to pay Rs 2,956 crore to IT Department as tax dues

Supreme Court permitted Union Government to encash the amount of Rs. 2,956 Crores comprising of Rs 1,500 Crores offered by way of cash and Rs. 1,456 Crores towards Fixed Deposit Receipts (FDRs).

Case Briefs High Courts

“Press must refrain from publishing contents that are manifestly defamatory in nature, Must duly verify such content”; J&K and Ladakh HC observes

The High Court further stated that, truth is no defence for publishing defamatory material against a private citizen where no public interest is involved.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict concerning allowances granted to judicial officers by Second National Judicial Pay Commission

“Judicial independence, which is necessary to preserve the faith and confidence of common citizens in the rule of law, can be ensured and enhanced only so long as judges are able to lead their life with a sense of financial dignity”

Case Briefs High Courts

‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction

“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”

Case Briefs High Courts

J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

The petitioner was detained in June 2022 based on a FIR registered against him in 2004. However, the petitioner had already been acquitted from the charges levied against him in 2004.

Case Briefs High Courts

Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers

“Benefits to labourers under Standard Operating Procedure formulated by Government of Delhi provided that Labour Department must immediately initiate proceedings for recovery of back wages from accused employers/owners, including wages for overtime in accordance with Minimum Wages Act, 1948.”