Case Briefs Archives

Delhi HC directs BSES Yamuna Power Ltd to pay ex-gratia amount of Rs. 10 lakhs to parents of 18-year-old boy who died due to electrocution from non-insulated live electric line

In the present case, a call was made to the police station informing that a person was lying in an unconscious state due to electric shock. The post-mortem report also mentioned the cause of death as ante-mortem electrocution. Therefore, it is an undisputed fact that the deceased died due to electrocution.

Case Briefs High Courts

Having sexual intercourse, being naked in front of minor amounts to sexual harassment, punishable under POCSO Act: Kerala High Court

Kerala High Court noted that accused 2 had abused and thrashed the minor victim and concluded that the offense falls under Section 323 of IPC in conjunction with Section 34 IPC.

Case Briefs High Courts

Delhi High Court directs BCI to reevaluate LL.B. attendance requirements following Amity Law School suicide case

The petition was filed by the Court suo motu in response to the tragic suicide of a law student at Amity Law School, affiliated with I.P. University, who took his life allegedly due to severe academic pressure stemming from attendance shortages.

Case Briefs High Courts

“Say ‘Bharat Mata ki Jai’, Salute tricolour 21 times”; MP HC grants bail to accused for shouting “Pakistan Zindabad, Hindustan Murdabad”

The Court opined that applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.

Case Briefs High Courts

‘Mere violation of Motor Vehicles Act provisions does not amount to negligence’; Delhi HC modifies MACT’s order

‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Absence of NOC not automatically invalidates Security Documents’; NCLT upholds Axis Bank & NKGSB Bank’s claims as Secured Debt

The NCLT held that the Resolution Professional does not have adjudicatory powers to invalidate or challenge the charges based on an absence of NOC.

RG Kar Rape and Murder civic volunteers recruitment

Case Briefs Supreme Court

RG Kar Rape and Murder Case | WB Govt. must explain the legal source of authority for the recruitment of Civic Volunteers in the State: SC

The Court directed West Bengal Govt. to submit an affidavit to disclose the selection process which is followed for the recruitment of the Civic Volunteers and the steps which have been taken to ensure that such Civic Volunteers do not operate in sensitive establishments.

Case Briefs Supreme Court

[KMC (Regularisation of Building) Regulations] Supreme Court allows tenant to apply for regularisation with Kolkata Municipal Corporation of unauthorised construction

Supreme Court clarified that till the date of communication of the order on the regularisation application, the limited interim relief granted on 6-08-2024 will continue to operate.

Case Briefs High Courts

Delhi High Court grants compassionate allowance to wife of deceased despite dismissal for absenteeism under CCS Pension Rules

The Court observed that once the employee had already suffered dismissal from service on account of unauthorized absence, that sin stood expiated and was no longer a relevant consideration while assessing his case for grant of compassionate allowance.

Case Briefs High Courts

Calcutta High Court allows doctors’ protest against RG Kar Doctor’s Rape and Murder amid Durga Puja Carnival; Strikes down police ban

The petitioners sought relief against the refusal by the State to grant permission for a “Droher Carnival” planned for 15-10-2024, intended to bring attention to the alleged rape and murder of an on-duty postgraduate trainee doctor at R. G. Kar Medical College and Hospital on 09-08-2024.

Case Briefs High Courts

‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late

In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.

Case Briefs Supreme Court

Quantified disability per se will not disentitle a candidate with benchmark disability from admission to educational institutions: Supreme Court

“It should be borne in mind that the RPwD Act which was enacted to give effect to the United Nations Convention on Rights of Persons with Disabilities – was with the objective of granting persons with disabilities full and effective participation and inclusion in society, grant them equal opportunity and to show respect for their inherent dignity, individual autonomy including the freedom to make their own choices.”

Case Briefs High Courts

‘Relationship was in nature of marriage’; Chhattisgarh HC upholds maintenance for a woman in live-in relationship who was unaware of her partner’s already existing marriage

In the present case, the woman has clearly stated that she was not aware about her partner’s marriage and his children. Further, the Trial Court as well as the Appellate Court has also stated that the relationship between them, fell under the category of domestic relationship.

Case Briefs Supreme Court

Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court

The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.

Case Briefs High Courts

Karnataka High Court quashes criminal proceedings against persons accused of shouting ‘Jai Shri Ram’ inside a mosque

The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.

stranger to suit dispossession decree holder redelivery

Case Briefs Supreme Court

Can a stranger to a suit, dispossessed of immovable property by decree-holder, seek redelivery? Supreme Court answers

Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.

Case Briefs High Courts

Long-standing consensual relationship without cheating not considered rape on pretext of marriage: Allahabad High Court

“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such a relationship.”

Case Briefs High Courts

Blind rejection of License transfer request without provision violates principles of Equity, Justice & Good Conscience: Rajasthan High Court

The Court advised the State of Rajasthan to amend the Motor Driving School Registration Scheme, 2018 to include provisions for license transfer to legal heirs.

Case Briefs High Courts

Daughter-in-law’s right to shared household under DV Act does not supersede right of senior citizen to seek relief under Senior Citizens Act in case of gross ill-treatment: Delhi HC

Mere fact that the mother may be physically unwell, does not compel her to accept the presence of those who, in her perception, have contributed to her distress. The Court cannot impose on the senior citizen a forced living arrangement against her will, especially when it has been found to be a source of her suffering.

Case Briefs High Courts

Man grooving his neck towards a woman while riding two-wheeler and listening to music not ‘stalking’ under S.354-D of IPC: Bombay HC

Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.