Case Briefs Archives

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.

Case Briefs High Courts

Delhi High Court orders for payment of 10% interest on amount of compensation to 1984 Anti-Sikh riots victim

‘In the present case, the victim and his family had suffered at the hands of an insensitive and callous administration and had to approach the Constitutional Courts four times for the redressal of his grievances.’

Case Briefs High Courts

Necessary to give message to society that Courts are vigilant to regulate forcible religious conversion of underprivileged women & children: Karnataka HC

The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.

Case Briefs High Courts

Mere occasional harassment or misbehavior does not amount to abetment to suicide: MP High Court

“Abetment requires a mental process of instigating or aiding a person in committing an act. Without a positive act of instigation or aiding, a charge under Section 306 IPC cannot be sustained.”

multiple sureties fundamental right balance

Case Briefs Supreme Court

Need to balance the requirement of furnishing multiple sureties with an individual’s fundamental rights under Article 21: SC

“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”

Case Briefs High Courts

Interpretation of Consumer Protection Regulations must align with overarching goal of RTI Act: Delhi HC directs CPIO to reassess third party request to access copies of a consumer case

The decision to disclose or withhold information should be made judiciously, considering the stipulations of Section 8 of the RTI Act. This approach ensures that the provisions of the RTI Act are not compromised, while also respecting the confidentiality required in judicial proceedings.

Case Briefs High Courts

Karnataka High Court strikes down S. 128-A of Karnataka Co-operative Societies Act, for running contrary to Art. 43-B of the Constitution

Section 128-A of the Act of 1959 which empowered the Registrar to completely take away the right of a co-operative society to recruit, transfer or hold disciplinary enquiry against its employees is ultra vires the Constitution