Case Briefs Archives

Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam

The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.

Case Briefs High Courts

‘Preposterous to assume that Chief Minister of State will personally handle twitter for posting trivial, casual tweets’: Telangana HC dismisses plea to register FIR against CM

As per petitioners, the Chief Minister is responsible for tweeting fake circular of closure of hostels and messes in the Osmania University due to acute shortage of water and electricity.

Case Briefs High Courts

‘Awards of Lok Adalat are not independent verdict, should strive to function as conciliators and have no jurisdiction to try policy matters’: Orissa HC

“The Lok Adalat should resist their temptation to play the role of regular Judges rather they should constantly strive to function as conciliators. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of justice.”

Donald-Trump-Absolute-Immunity-from-criminal-prosecution

Case Briefs Foreign Courts

[Trump v. United States] Former US Presidents have Absolute Immunity for actions within Conclusive and Preclusive Constitutional Authority: SCOTUS

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury on four counts for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

Case Briefs High Courts

‘Article 21 includes right to safe and healthy food’; Rajasthan High Court issues interim measures to curb food adulteration

“Food adulteration is an increasingly recognized global public health problem… Adulteration or contamination of natural food product is one of the major challenges in today’s society.”

Case Briefs High Courts

Madras HC directs State Bar Council to expedite elections for Egmore Court Advocate’s Association

“In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities.”

Case Briefs High Courts

Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty

“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”

Case Briefs High Courts

Andhra Pradesh HC directs State authorities to file details regarding implementation of electronic monitoring and enforcement of road safety

The Court also directed that the Legal Services Authority and the police authorities to start campaigns to highlighting the evil effects on account of non-usage of the protective headgear.

Case Briefs High Courts

Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC

“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”

Case Briefs High Courts

Waqf Tribunal has no jurisdiction to decide pre-Waqf Act suits pending before civil courts: MP High Court

Section 7(5) of the Waqf Act, 1995 states that the Wakf Tribunal does not have jurisdiction over matters that were already the subject of a suit or proceeding in a civil court before the commencement of the Act.

Case Briefs High Courts

Calcutta High Court refuses to consider order of the U.S. Bankruptcy Court for binding Trial Judge to stay anti-arbitration suit

The Calcutta High Court said that the principle of comity of nations and comity of courts had been recognized by the Indian Courts by giving adequate weightage to orders or decrees of a foreign court while deciding any proceeding in a domestic court.

Case Briefs High Courts

Relationship between two adult individuals does not justify sexual assault on partner: Bombay High Court

A relationship may be consensual at the beginning, but the same state may not remain so for all time to come. Whenever one of the partners show their unwillingness to indulge in a sexual relationship, the character of the relationship as ‘consensual’ ceases to exist.

Case Briefs High Courts

Age Evidence Must Be Assessed Before Ordering Ossification Test; Calcutta High Court remands Compassionate Appointment Application

The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.

Case Briefs High Courts

‘Non-filing of certificate at relevant stage is a curable defect’; Delhi HC sets aside order dismissing to take on record certificate u/s 65-B of IEA

The Court stated that certificate under Section 65-B of the IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.

Case Briefs Foreign Courts

Does Facebook’s face signature capturing violate Biometric Information Privacy Act? US Court of Appeals answers

The Court stated that BIPA applies to those biometric identifiers and information that can identify a person thereby affirming that face signature is not a biometric identifier, hence there was no violation of BIPA.

Case Briefs High Courts

Can the Court pass orders for trademark infringement in an execution petition? Delhi HC answers

“It is immaterial if the term or directions in a decree is contrary to law. The Executing Court cannot go behind the same, and has to give effect to the decree.”

Case Briefs High Courts

Mechanical addition of charges u/s 302 IPC in dowry cases dilutes the severity of murder as an offense: Allahabad HC takes note of practice by Trial Courts

“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”

Case Briefs High Courts

No appeal lies u/s 54 of Land Acquisition Act, 1894 against orders of Executing Court: Tripura High Court

The appellant filed an objection before the Executing Court to delete their name from the execution proceeding and to insert the name of Executive Engineer PWD, NH Division as Judgment debtor but the Executing Court disposed of objection on the ground that matter was already decided.

Case Briefs High Courts

‘Records summoned will reveal basis of dispute between parties’: Delhi HC dismisses Hershey India’s plea for recalling summons of witnesses

The Court noted that the respondent merely seeks to summon the record, which was not in his possession but was in the possession of the petitioner, which right cannot be denied to him.

Case Briefs Foreign Courts

Read why SCOTUS dismissed challenge to Federal communications pertaining to content moderation by social media platforms to suppress misleading information

The Court found that the respondents could not establish locus standi to seek any injunction against the impugned communications vis-a-vis content moderation by social media to suppress misleading information especially related to Covid-19 and 2020 Presidential Elections.