Case Briefs Archives

[West Bengal Post Poll Violence] Calcutta High Court lays down directives to ensure registration of complaints irrespective of political affiliations

“Instances of post-poll violence are not unprecedented in this State. After the last Bidhan Sabha election, the entire nation witnessed unprecedented post-poll violence within the State.”

Case Briefs High Courts

Legal heirs of deceased employee entitled to benefits under Mukhyamantri COVID-19 Yoddha Kalyan Yojna: MP High Court

The MP High Court provided compensation of Rs 50 lakh under Mukhyamantri COVID -19 Yoddha Kalyan Yojna and also imposed a cost of Rs. 1 lakh for unnecessary harassment.

Case Briefs High Courts

[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC

Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract

Case Briefs High Courts

‘Extracting work from Junior Advocates without payment is exploitation and in violation of fundamental rights’; Madras HC suggests for minimum stipend

“The function of the Bar Council is to ensure that the livelihood of these lawyers is protected by fixing minimum stipend to be paid in the event of engaging the services of the junior lawyers, who have enrolled.”

Case Briefs High Courts

Can pleadings be amended on the ground of typographical errors or change of counsel? Allahabad HC answers

“In the light of law laid down by the Courts, change of counsel cannot be a ground to file amendment application bypassing the rigorous conditions of due diligence. In fact, to meet out any mistake, no advantage can be given to litigant due to change of counsel.”

Case Briefs Supreme Court

Read why Supreme Court sets aside Madras HC bail order granting bail to PFI Members in UAPA case

“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”

Case Briefs High Courts

Karnataka HC grants 30-day general parole to murder convict for fulfilment of conjugal duties with new wife

The murder convict’s wife filed the petition seeking parole for her husband on the ground that they got married on 11-04-2023 and that she was deprived of her right of progeny.

Case Briefs High Courts

Delhi High Court refuses to entertain petition against NCDRC Order on territorial jurisdiction objection

When the Court suggested it was not inclined to entertain the writ petition due to territorial jurisdiction, the petitioner’s counsel sought permission to withdraw the petitions. The Court granted this request, allowing the petitioner to take appropriate legal steps.

Case Briefs High Courts

[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court

A fascicular reading of Sections 125(1) and 125(4) of the Criminal Procedure Code, 1973 clearly demonstrates that if husband wilfully and intentionally neglects to provide maintenance to his wife then she can approach before the court seeking maintenance.

Case Briefs High Courts

Orrisa High Court overturns conviction in 12-year-old religious riot & mob attack murder case

“The evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who have been tried on the basis of evidence recorded in separate trial, though for the commission of same offences charged has been framed in both the trial.”

Case Briefs High Courts

Cogent material required to indicate convict’s parole likely to endanger security of state; Punjab and Haryana HC directs District Magistrate to reconsider parole application

The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.

Case Briefs High Courts

Rajasthan High Court refuses to quash FIR against two Doctors accused in illegal kidney transplantation racket

“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”

Case Briefs High Courts

Delhi High Court denies bail to Amandeep Singh Dhall in Liquor Excise Policy Scam case

The Delhi High Court said that the allegations against Amandeep Singh Dhall were serious in nature and their impact on society at large must be considered as a factor for adjudicating bail.

Case Briefs High Courts

Delhi HC dismisses PIL challenging appointment of National Small Industries Development Corporation’s Chairman

The Court dismissed the petition on the ground of non-maintainability as only non-appointees can assail the legality of the appointment or extension procedure.

Case Briefs High Courts

Rajasthan High Court rejects petition challenging Civil Judge Recruitment’s age eligibility criteria

Rajasthan High Court upheld the validity of Clause 20, concluding it was consistent with Rule 17 of the Rajasthan Judicial Service Rules, 2010.

two contracts different modes of dispute resolution

Case Briefs Foreign Courts

Courts must decide which contract will prevail when parties execute two contracts providing different dispute resolution mechanisms: SCOTUS

The instant dispute involved a conflict between two contracts executed by petitioner Coinbase, Inc., operator of a cryptocurrency exchange platform, and the respondents, who used Coinbase.

Case Briefs High Courts

‘Love and affection are intangible sentiments’ Madras HC allows organ donation for transplantation, between un-related individuals

“Though the Act does not ban donation of kidney in favour of a person who is not a near relative and the only restriction is that transplantation can be done only after prior approval by the State Authorisation Committee, yet the transplant surgeons are hesitant to carry out kidney transplants between unrelated persons.”

Case Briefs High Courts

Cruelty and Desertion mutually exclusive; Once cruelty is proved, divorce should be granted irrespective of proof of desertion: Allahabad HC

“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”

Case Briefs High Courts

Delhi HC directs State to file an Action Taken Report after seven new-born babies die in a fire at Baby Care New Born Hospital

A news report dated 28-05-2024, stated that out of almost 1000 hospitals registered with the Delhi Government, only 196 have fire NOC, i.e., roughly 20% of the total hospitals have fire NOCs while the rest are at risk of a fire hazard.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Difference between amount payable as condition of import and sale of goods’; CESTAT quashes order including royalty in transactional value of imported raw materials

The Tribunal stated that there is no such condition in the Technology License Agreement which provides that royalty payment is a pre-condition for sale/import of raw materials and there is no evidence to establish how the royalty payment is linked to the import of raw materials.