Case Briefs Archives

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

When DCDRC took to task a surgeon for conducting delayed Laparotomy based on a 2-day old CT Scan report

The Commission held that reliance on old CT scan report; invalid consent & unjustified delay in conducting Laparotomy, constituted Medical Negligence and directed the surgeon to pay compensation of Rs. 4 Lakhs.

Case Briefs High Courts

‘Would like to prevent a situation where lengthy and arduous trial becomes punishment in itself’; P&H HC grants bail to UAPA accused in custody for 3 years and 8 months

The allegations against the accused are that he was allegedly involved in anti-national activities but only a mobile phone was recovered from him containing objectionable photographs of arms and ammunition. There was no other recovery either of firearms or any other incriminating material.

Case Briefs Supreme Court

Supreme Court permits bank employees who secured job under SC/ST category to retain jobs despite caste descheduling by Karnataka Government

Supreme Court reiterated that neither State Government nor Courts have the authority to modify Scheduled Castes list promulgated by Presidential order

Case Briefs High Courts

Court of Chief Commissioner for PwD cannot pass binding/adjudicatory orders akin to those issued by court of law; Delhi HC sets aside stay on Employee’s transfer

‘The Rights of Persons with Disabilities Act, 2016 does not envisage the CCPD as an adjudicatory body capable of deciding service-related disputes or issuing enforceable orders.’

Case Briefs High Courts

POSH| Sub-Inspector’s transfer, merely on account of pendency of Internal Committee proceedings, unjustified: MP High Court

“The intervenor created an impossible situation of stalemate in herself, bringing the proceedings of the ICC to a standstill and demanding reconstitution of committee which is not contemplated under the POSH Act.”

Case Briefs High Courts

‘Under Muslim Law, custody of children below 7 years shall be with their mother’: Bombay HC

The Court considered the aspect of better company and care, wherein it evaluated the parties’ living arrangements, schedules and availability to cater to the children. The husband due to his business engagements could not have catered to the needs of the children, unlike the wife who was not working at stayed at home.

Case Briefs High Courts

‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord

“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.

Case Briefs Supreme Court

SC reduces life sentence to 10 years imprisonment of man convicted for raping step-daughter, considering age and eight years of sentence undergone

‘No reason to interfere with the well-considered findings.’ The High Court’s and Trial Court’s decision for convicting the man for offence under Section 376 of IPC was upheld.

Case Briefs High Courts

‘Victims are unaware of Gas companies’ liability to compensate’; Orissa HC asks MoPNG to ensure public awareness on insurance for LPG cylinder blast and safety trainings

“The Oil/LPG companies in cases like this where human cost of LPG cylinder explosion is incalculable, behave like a hardcore litigant ignoring the fact that the matter does not fall in the realm of adversarial litigation. One can imagine as to how the thick flames engulfs the surroundings and human beings just reduce to ashes or sometime escape death and end up with deformities.”

Case Briefs High Courts

Minor girl’s marriage to adult constitutes mental and physical Cruelty, a ground for divorce under Section 13 of Hindu Marriage Act: MP High Court

The Court declared the marriage as null and void on the grounds of mental and physical cruelty as the wife, being a minor, was not ready to perform the marital obligations

Case Briefs Supreme Court

‘Chief Justice cannot individually reconsider recommendation’; SC directs HP High Court Collegium to collectively reconsider elevation of two District Judges

“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”

Case Briefs High Courts

‘Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits

‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’

Case Briefs High Courts

‘Identity and autonomy of adult woman are not defined by her relationships/familial obligations’; P&H HC dismisses habeas corpus petition to release 30-year-old woman to her father

It is crucial to reaffirm that an adult woman, like any other citizen, possesses the right to be treated as an independent and autonomous individual, free from coercion and undue influence.

Case Briefs High Courts

‘Intention is not a necessary element in cruelty’: Allahabad HC grants divorce to husband on grounds of cruelty and desertion

“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”

Case Briefs High Courts

‘No intention to disturb law and order or public order/peace’; Bombay HC grants anticipatory bail to person alleged to be a supporter of Naxalism

The intention to cause disorder or incite people to violence is sine qua non for the offence under Section 153-A¹ of the Penal Code, 1860.

vehicle owner motor accident compensation liability

Case Briefs Supreme Court

‘Ownership’ not limited to categories specified in Section 2(30) of MV Act; Context around control of vehicle important to fix liability: SC

The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.

Case Briefs High Courts

‘Husband never attempted to establish that wife was incurably of unsound mind’; Allahabad HC dismisses husband’s divorce plea

While the husband and his witnesses made statements stating that the wife had been prescribed medicines for her mental ill health, however, they did not demonstrate the nature of her illness, or the extent of affliction suffered by her.

Case Briefs High Courts

Delhi High Court takes suo motu cognizance due to absence of any law for availing mutation rights in urbanized villages

‘Such a legal vacuum disabling the villagers from managing their immovable properties prima facie violates their fundamental right under Article 21 and constitutional rights under Article 300A of the Constitution.’

Case Briefs High Courts

‘Poker and rummy are games of skill and not gambling’; Allahabad HC directs authorities to pass reasoned order in application for permission to run a gaming unit

The permission being granted by itself would not prevent the authorities from checking on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities.

Case Briefs High Courts

MP High Court directs CBFC to consider objections before giving Clearance Certificate to Film “Emergency”

The film “Emergency” is set during the 1984 Emergency under former Prime Minister Indira Gandhi and contains scenes violating the Sikh community’s fundamental rights and potentially leading to discrimination and wrongful labelling of young Sikh children who wear turbans as ‘Khalistanis’.