Case Briefs Archives

‘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”

Case Briefs High Courts

RTI| MP High Court directs disclosure of marks obtained by other candidates in Agniveer recruitment examination within 15 days

MP High Court affirmed the candidates’ right to access information about the performance of other candidates as part of a public activity.

Case Briefs High Courts

Allahabad HC directs Principal Secretary to implement guidelines in Government departments to avoid filing Arbitration appeals beyond statutory time limits

“The rationale behind such stringent timelines is rooted in the principles of finality and efficiency, which are paramount in arbitration. The limitation period serves as a deterrent against undue delays and encourages parties to act promptly, thereby ensuring that the arbitration process remains expeditious.”

Case Briefs High Courts

Madras HC directs Bar Councils to initiate disciplinary proceedings against Advocates advertising and soliciting work through Online Service Providers

“Branding culture in the legal profession is detrimental to society. Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.”

Case Briefs High Courts

‘Majority will become minority, if religious congregation where conversions are taking place are not stopped’; Allahabad HC denies bail to man accused of religious conversion

“It is against the Constitutional mandate of Article 25 of the Constitution which does not provide for religious conversion, it only provides freedom of conscience and free profession, practice and propagation of religion.“

Case Briefs High Courts

‘Prosecution in rape cases cannot be withdrawn on basis of survivor’s forgiveness or understanding between parties’: Meghalaya HC

The rape survivor addressed a letter to the Police stating that she had forgiven the accused persons, considering their young age and desired not to proceed any further in the matter.

Case Briefs High Courts

Calcutta High Court directs PNB to Pay Rs. 3 Lakh Compensation to Disabled Employee for Denying Local Posting in violation of Transfer Policy

This is an unfortunate malaise that festers in hierarchies of Public Sector Bank and other bodies which has and continues to severely impact the man resources and impede the growth and wellbeing of an organization and its employees. Any special request from an employee out of the ordinary, even if supported by the Bank’s rules, is looked at with contempt and discomfort.

Case Briefs High Courts

Delhi High Court dismisses appeal filed against PM, Home Minister and Minister of Communications Alleging False Oaths and Anti-national Act of Terrorism

The appellant alleged that the Prime Minister, Home Minister and Minister of Communications have taken false oaths of allegiance to the Constitution of India, and they had attempted an antinational act of terrorism by attempting to kill the appellant as pilot-in-command of flight AI 459 on 08-07-2018.

Case Briefs High Courts

MP High Court imposes cost of Rs 50,000/- on Khandwa BJP MLA Kanchan Tanve for delaying tactics and false allegations against the Court

‘Section 86(6) of the Representation of the People Act, 1951, mandates the trial of an election petition to continue from day to day unless adjournment is necessary.’

Case Briefs High Courts

Delhi High Court rules on application of ‘Margin of Error’ and Upper Age Limit in Bone Ossification Tests for Determining Victim’s Age in POCSO Cases

In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.