Case Briefs Archives

Rajasthan High Court asks State to consider providing statutory remedy of Appeal/Revision against Section 6-A Rajasthan Bovine Animal Act’s orders

Rajasthan High Court held that the High Court’s inherent powers under Section 482 CrPC do not extend to interfering with orders of the District Collector acting under Section 6-A of the RBA Act in a quasi-judicial capacity.

Case Briefs High Courts

Delhi High Court rules WhatsApp Chats Inadmissible Evidence Without Proper Certification; Rejects Dell International Services’ Delay Condonation Appeal

The petitioner presented a screenshot of WhatsApp conversations to show that the full complaint and annexures were not received until 31-01-2023, despite the summons being served on 23-12-2022.

Case Briefs High Courts

‘Healthy and constructive criticism should always be welcome’; Punjab and Haryana HC drops criminal contempt proceedings against a man for his pleadings against a Judge

The Court stated that the contempt jurisdiction should not be exercised lightly at the drop of a hat. It ought to be invoked only in rare or exceptional cases where there is interference with administration of justice or such action amounts to scandalizing or lowering the authority of the Court.

Case Briefs Supreme Court

Supreme Court upholds conviction of police guard who murdered relative inside police station over wife’s affair

“The cross examinations are adjourned routinely which can seriously prejudice a fair trial and this practice is not healthy. The Courts should be slow in deferring cross-examinations. The mandate of Section 231 of the CrPC must be followed in its letter and spirit.”

Case Briefs High Courts

Bombay HC permits cancer patient to medically terminate pregnancy at 24 weeks for receiving chemotherapy treatment

The Court took note of the petitioner’s statement of miserable suffering and unbearable pain, and that palliative treatment might help her live longer and comfortably. The Court also stated that the petitioner had right to reproductive freedom and autonomy over her body.

Case Briefs High Courts

Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused

The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.

Case Briefs High Courts

‘Proceedings are counterblast and were initiated with motive for wreaking vengeance’, Allahabad HC quashes criminal proceedings against woman who filed FIR against husband and his relatives

“The nature of abusive language is not specific. Applicant 1 was naturally at the house, and there was no evidence of intent. Therefore, ingredients of Section 503 IPC as punishable under Section 506 IPC are not made out.”

Case Briefs High Courts

Will penal provisions under Kerala Protection of Riverbanks and Regulation of Removal of Sand Act apply to river sand found on stationary vehicle? Kerala HC answers

Section 23 of the Kerala Protection of Riverbanks and Regulation of Removal of Sand Act, 2001 states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC finds Care Hospital liable for deficiency in services which led to a patient contracting and ultimately dying due to Hospital Associated Infections

This 24-year-old matter revolved around a sixth-generation leading jeweller of Hyderabad who in 2002 underwent coronary surgery at Care Hospital but developed life threatening complications after the operation.

Case Briefs High Courts

‘Two different conclusions drawn on same material’; Delhi HC quashes reassessment notice issued by Assessing Officer on a mere change of opinion

The Court observed that no new material has been found by the Revenue which would warrant reopening the assessment. A reading of the notices will crystallize the fact that it has been issued merely based on a change of opinion.

Case Briefs High Courts

Calcutta High Court Division Bench Delivers Split Verdict in Murder Case: Acquittal Ordered by One Judge, Sentence Commuted by Another

In a high-stakes murder case, the Calcutta High Court’s division bench delivered a split verdict. Justice Soumen Sen commuted the death sentence to 30 years of imprisonment, while Justice Partha Sarathi Sen ordered an outright acquittal. The case has now been referred to the Chief Justice for further directions.

Case Briefs High Courts

A commissioning mother, who begotten child through surrogacy is entitled to maternity leave and other benefits: Orissa High Court

“A child born out of surrogacy to be treated in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto.”

Case Briefs High Courts

Jharkhand HC sets aside orders passed without application of mind and complying with mandatory requirements of law

The Court directed the Registrar General of this Court to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court.

Case Briefs High Courts

‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC

The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.

Case Briefs High Courts

Will offence of forgery, fabrication, and filing of false affidavit, warrant lodging of complaint u/S. 340 CrPC? Delhi HC explains

“Persons who indulge in forgery and fabrication, especially, in respect of documentary evidence which relied upon heavily that too in order to obtain an ex-parte inunction cannot be allowed to go scot-free.”

Case Briefs Foreign Courts

Inside the Plea Agreement signed between US Government and Wikileaks founder Julian Assange

Julian Assange pleaded guilty before the Court to the information charging him with conspiracy to obtain documents, writings, notes connected with the national defence, and wilfully communicate documents relating to national defence of the United States, which constitutes a felony.

Case Briefs High Courts

Delhi HC dismisses appeal filed for lack of appointment of judges to the High Courts

The Delhi High Court said that the directions sought were not only beyond but also contrary to the law laid down by the Supreme Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT calls for action plan to ensure minimum discharge or stoppage of sewage in Ganga and Yamuna before Kumbh Mela

The Authorities were also directed to ensure that the water quality of rivers is maintained to the level of drinking quality and its suitability is displayed to pilgrims and visitors of the Kumbh Mela.

Case Briefs High Courts

[BNSS] Punjab and Haryana HC determines governing law for time barred petition filed under CrPC before 30-06-2024 and pending as of 01-07-2024

The Court was of the view that the petition and the accompanying application seeking an extension of time were filed and registered in the registry of this Court when CrPC, 1973 was in force, hence, the matter would fall under the scope of Section 531(2)(a) and this petition should be adjudicated through the provisions of CrPC, 1973.

Case Briefs High Courts

Madras High Court sets aside conviction and 3-year sentence of former AIADMK Minister Balakrishna Reddy in a 1998 Riot case

“Once the theory of the prosecution about burning the police jeep is unbelievable, and there is no other evidence on the side of the prosecution to convict the appellants for the offences under Sections 3 or 4 of the TNPPDL Act, the case of the prosecution has to fall in toto”