Case Briefs Archives

Does information seeker have locus standi in penalty proceedings under Section 20 of RTI Act? Delhi HC answers

The formation of opinion under Section 20(2) of the Right to Information Act, 2005 is in the exercise of supervisory powers of Central Information Commission and not in the exercise of the adjudicatory powers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

IC-Codecs imported by Samsung India are classifiable as ‘electronic integrated circuits’, thus are exempted from customs duty: CESTAT

The goods imported by the appellant are IC chips, which are incapable of stand-alone function or connection with any other device. The ICs are only capable of functioning as compressor/decompressor upon connection with external peripherals like power supply and interface.

Case Briefs High Courts

Abbreviating new criminal laws will simplify usage of lengthy Hindi terminology; promote inclusivity and facilitate efficient judicial process: Punjab and Haryana HC

The Court stated that creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that could prevent the legal system from operating smoothly.

Case Briefs High Courts

‘Callous and negligent attitude’; Allahabad HC directs Lucknow University to pay Rs 2 lakhs compensation for withholding a student’s 3rd year result on presumption of misconduct

“The action of the Lucknow University in not only in violation of principle of nature justice but has deleterious effect on the future of the candidate and such an action is deplorable.”

Case Briefs High Courts

‘Refusal to acknowledge irretrievable breakdown of marriage does more harm than good’: Kerala HC allows appeal by wife for divorce

“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”

fake representation as Supreme Court lawyer

Case Briefs District Court

Mumbai Court denies bail to woman who falsely represented as a Supreme Court lawyer and duped builders of huge amount of money

The Court stated that the accused had not only cheated the public at large but also attempted to disrespect the noble legal profession.

Case Briefs High Courts

MP High Court slams State’s ‘pathetic attitude’ towards non-compliance of court order; grants extension and imposes Rs. 50,000 Cost

The Court stated that the State may recover the amount of cost after fixing the “responsibility on some erring officer who has derelicted in not complying with the order in time”.

Case Briefs High Courts

MP High Court quashes charges under Muslim Women (Protection of Rights on Marriage) Act; stresses on need for UCC to curb superstitious practices

“There are a lot of other deprecating, fundamentalist, superstitious and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief.”

Case Briefs Supreme Court

Power to grant interim stay of operation of bail order can only be exercised in exceptional cases: Supreme Court

“An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases”

Case Briefs High Courts

Delhi High Court directs Disclosure of Forensic Audit Report on Show Cause Notices by IDBI Bank

A forensic audit was conducted by Grant Thornton LLP at the request of the respondent-bank. The audit led to the withdrawal of the ‘red flagging’ of the company’s account.

Case Briefs High Courts

‘No one can be a judge in their own cause’; Bombay HC reiterates principle of natural justice in petition against BPCL

The Court noted that the appellate authority formed under BPCL’s Policy remedy would have comprised of their officers, and the same could not be permitted as BPCL could not be a judge in their own cause.

Case Briefs High Courts

Private documents like telephonic conversation cannot be considered at stage of framing charges: MP High Court

The Court reiterated that the court cannot open its own order on merits specifically in the light of the bar as contained under Section 362 of CrPC.

Case Briefs Supreme Court

‘Non-consideration of adverse effect on health of humans, animals, plants’: Justice Nagarathna on Centre’s approval for Genetically Modified mustard cultivation

“The failure to adequately assess health and environmental impact of Genetically Modified crops seriously infringes upon intergenerational equity as it potentially endangers the ability of future citizens to enjoy the highest attainable standard of health.”

Case Briefs High Courts

Delhi High Court upholds order by CAT directing grant of maternity leave to lady constable for third child

It is the bounden duty of the employer to be sensitive and responsive to the physical difficulties that a working lady would face in performing her duties at the workplace while carrying a baby or bringing up the child post birth.

Case Briefs Supreme Court

Read why Supreme Court granted bail to Ashish Mishra in Lakhimpur Kheri violence case

In Lakhimpur Kheri violence, four farmers, one journalist, the driver of one of the vehicles, and two others, were killed. Nearly ten farmers suffered major and minor injuries

Case Briefs High Courts

Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops

The brand ‘Peter England’ was introduced in 1997 and later acquired by Aditya Birla Fashion and Retail Ltd. in 2000.

Case Briefs High Courts

Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction

The Court stated that admittedly, the death is homicidal, and the doctor also found that the cause of death is injury, which was inflicted upon the deceased persons. Therefore, the ocular evidence corroborates with the medical evidence.

Case Briefs High Courts

Mere presence at hotel as ‘customers’ while women dance in obscene manner, not sufficient to attract offence u/s 294 of IPC: Bombay High Court

No other specific overt act is attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of Penal Code, 1860 against them.

Case Briefs Supreme Court

Candidate scoring minimum qualifying marks with no work experience will still be eligible to be appointed as City Manager under UDHD: Supreme Court

“The only criteria for minimum qualifying marks have been mentioned in the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 and the advertisement, which states that 32 % for women is the minimum qualifying marks for the written test (70 marks) and not out of 100 marks as interpreted by BSSC.”

Case Briefs High Courts

MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused

“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”