Case Briefs Archives

Madras High Court appoints wife as guardian for person as well as properties of husband in coma; Allows her to sell property for his treatment

Madras High Court was satisfied that the family is without any means and that unless the property is allowed to be dealt with, great hardship will be caused to them.

Case Briefs High Courts

Property disputes not covered by Senior Citizens Act: Delhi HC emphasizes purpose of the Act is to ensure welfare of senior citizens

“A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the senior citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act”

Case Briefs High Courts

‘Save the Earth, Save the future’; Rajasthan High Court takes suo motu cognizance of extreme heatwave

“The Government and individuals must come together to save the Earth. Let the people make aware of the consequences of not saving the Earth … If all this collective effort starts happening, we can surely save our planet Earth and make brighter Earth for our future generations.”

Case Briefs High Courts

‘Affection of both parents a basic human right for growing child’: Kerala HC refuses to interfere with Family Court’s order granting visitation rights to father

“While considering the claim for custody of a minor child, unless very serious, proven conduct should make one of them unworthy to claim for custody of the child concerned, the question can and shall be decided solely by looking into the question as to, ‘what would be the best interest of the child concerned.”

Case Briefs High Courts

Whether collector acting as quasi-judicial authority possess any power to recall/review order passed under S. 47-A of Stamp Act? Allahabad HC answers

“A quasi-judicial authority is limited in its functionality in as much as it has to act within the four corners of the statute from which it derives its authority. If the statute does not provide for a particular act, the same cannot be undertaken by that authority.”

Case Briefs High Courts

‘Absolute abuse of process of law’; Delhi HC rejects plea challenging the appointment of Delhi Waqf Board’s Administrator

The Court noted that, other than stating the actions of respondent 2 are bad, no reason had been given by the petitioner on why he lacks the qualification to be appointed as an Administrator of the Waqf Board.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes Committee to look into allegations of trenching ground filled with solid waste and garbage in North 24 Parganas

The National Green Tribunal constituted a committee comprising of senior scientists from the State and Central Pollution Control Boards, a representative not below the rank of Additional District Magistrate, and the Executive Officer of Panihati Municipality.

Case Briefs High Courts

[Rinima Begum Murder Case] ‘Order suffered from serious infirmities resulting in miscarriage of justice’; Gauhati HC cancels bail granted to two men

The Court stated that the order granting bail is passed in contravention to the well-established jurisprudence of bail, as Respondents 2 and 3, who were involved in heinous crimes, their release will result in weakening of prosecution case and will also have an adverse impact on the society.

Case Briefs Supreme Court

Supreme Court upholds Bombay HC order convicting man for burning his wife alive; Finds no reason to doubt correctness of dying declaration

Supreme Court noted that by its order dated 30-06-2016, the sentence was suspended, and bail was granted to the convict, as he had already undergone about nine years of sentence.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes joint committee to submit report on Illegal mining in Arawali, Sikar

The National Green Tribunal constituted a Joint Committee comprising one representative from the District Magistrate, Sikar (Rajasthan) and one representative from the State Pollution Control Board, Rajasthan.

Case Briefs High Courts

“Within 30 days’’ starts from date when result is announced by returning officer: Allahabad HC clarifies law related to limitation for election petition

“Election law should be interpreted strictly, particularly, with regard to the prescribed period of limitation for the purposes of entertaining the election petition inasmuch as there is no provision qua applicability of the Limitation Act.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice, forms committee to investigate Chhattisgarh’s flouting of CPCB guidelines regarding establishment of petrol pump in Dhamtari

The CPCB’s guidelines mandated certain measures for setting up new petrol pumps to mitigate their adverse environmental effects, including maintaining a minimum distance of 50 meters from schools, hospitals, and residential areas, etc..

Case Briefs High Courts

‘Section 15(1) of Hindu Succession Act an anomaly in legislation that requires rectification’; Delhi HC denies widowed daughter-in-law a share in mother-in-law’s property

The Delhi High Court said that this case is demonstrative of how S. 15(1) of the Hindu Succession Act, 1956 works against a woman.

Case Briefs High Courts

[Patent and Design] Calcutta High Court| Registration in foreign country per se not a ground for cancellation of design registered in India

The impugned order does not consider the aspect as to what constitutes publication in the facts of the present case. There has been no discussion on this aspect of the matter in the impugned order.

Case Briefs High Courts

‘Detailed analysis of evidence not carried out while framing charge’: Delhi HC upholds order directing framing of charges u/s 506, 509 and 34 of IPC

The Court stated that the only test to be applied at the stage of framing of the charge is whether there is sufficient cause made out by the prosecution to proceed against the accused.

Case Briefs High Courts

[POCSO] Uttaranchal HC commutes death sentence to 20 years’ rigorous imprisonment for man who committed rape on his stepsister

The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.

Case Briefs High Courts

‘Multiple lapses in investigation’; Punjab and Haryana HC acquits Dera Chief Gurmeet Ram Rahim and four others in 2002 murder case

The Court stated that the present case was a stark portrayal of the necessity of Courts of law to make an incisive and objective analyses, of the evidence rather than becoming stultified through a proactive media trial.

Case Briefs High Courts

Mutual agreement on separation without court intervention holds no legal weight in divorce matters for non-Muslim parties: MP High Court

MP High Court held that any agreement restricting a party from pursuing legal proceedings is void, thereby, rendering respondent’s undertaking not to take legal action against the applicants invalid.

Case Briefs Supreme Court

[Electronica Trade Mark] SC upholds Bombay HC order directing Registrar to decide applications for adding subsequent proprietor de novo; Directs for expeditious disposal

The Trade Mark Registry allowed the Form TM-24 Applications of the Electronica Hitech Machines Tools Private Limited for bringing on record their name as the subsequent proprietor. Electronica India Limited challenged the said purported order.

Case Briefs High Courts

Delhi High Court grants bail to student activist Sharjeel Imam in Sedition and UAPA Case

Sharjeel Imam would, however, continue to remain in custody due to his alleged involvement in the 2020 Delhi riots larger conspiracy case.