Case Briefs Archives

Appeal cannot be transferred to Commercial Court u/s 24(5) of CPC; term ‘proceeding’ under the provision does not include appeals: Andhra Pradesh High Court

This will not mean that the appellant cannot prefer a fresh appeal to the commercial court, Visakhapatnam or such Court which has the jurisdiction.

Case Briefs High Courts

‘O. VI R. 17 does not limit amendment of pleadings at any stage of proceedings, if it is necessary for determining the real questions in controversy’: Sikkim HC

The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.

Case Briefs Supreme Court

Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court

“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”

Case Briefs High Courts

‘Preference Policy not applicable if ‘no qualified ST candidate available’; MP High Court quashes termination of ASHA worker

The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.

Case Briefs High Courts

Right to Life and Liberty to be protected irrespective of marital status or age; Rajasthan High Court directs police protection for minor live-in couple

“It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”

Case Briefs High Courts

Telangana HC stays demolition of N. Convention, founded by actor Nagarjuna and entrepreneur Nalla Preetham Reddy

Since petitioner disputes the fact that respondent-authorities have served the show-cause notice, thus, respondent-authorities are directed to demonstrate the manner and mode of service of the show-cause notice on petitioner before passing the speaking order.

Case Briefs Supreme Court

‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating

“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”

Case Briefs High Courts

Delhi High Court imposes Rs. 5 lakhs costs on a website for using copyrighted photographs/images of Louis Vuitton without authorization

The Court stated that the defendants shall continue their business of pre-owned goods of the plaintiff. However, the defendants shall conspicuously display on their website that the goods sold by them, are certified pre-owned goods of the plaintiff.

Case Briefs High Courts

Complete denial of company to spouse, without any justifiable reason, amounts to cruelty; Constitutes death of spirit and soul of Hindu marriage: Allahabad HC

“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”

Case Briefs High Courts

Inside Calcutta HC order transferring R.G. Kar Medical College ‘Massive Corruption’ case to CBI

Transferring the case to CBI would prevent unnecessary delay in the judicial process as well as potential misrepresentation of information which could undermine effective and credible enforcement.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

S. 124 of the Railways Act has an overriding effect vis-a-vis compensation payable as provided under the Railway Accident and Untoward Incidents Rules: NCDRC

“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.

Case Briefs High Courts

Delhi High Court upholds Order setting aside compulsory retirement of IPS Officer Gurjinder Pal Singh

Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.

Case Briefs Supreme Court

Supreme Court grants bail to K. Kavitha in Delhi Excise Liquor Policy Scam

The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy

Case Briefs High Courts

Patna HC grants bail to ISKCON monk, a Nigerian citizen allegedly travelling India without a valid visa

Petitioner was released on bail on furnishing bail bonds of Rs 10,000 with two sureties of the like amount, subject to the condition that one of the bailors should be the President of ISKCON, Patna.

Case Briefs High Courts

Allahabad High Court orders inquiry against State in concealing material evidence against Mahant accused of filming bathing women in Chhota Haridwar

Allahabad High Court has directed an inquiry to be conducted by an Officer not below the rank of Principal Secretary to be nominated by Chief Secretary of Uttar Pradesh

Case Briefs High Courts

Read why Bombay HC quashed S. 498-A IPC proceedings initiated against husband’s paramour by wife

“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”

Case Briefs Supreme Court

Coordinate Bench’s view of same HC cannot be ignored even if considered to be incorrect in law; Reference to larger bench the only option: SC

In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.

CECB officers NGT penal proceedings NGT Act

Case Briefs Supreme Court

‘Delay in compliance of NGT orders not wilful’; SC sets aside initiation of penal proceedings against CECB officers

The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.

Case Briefs High Courts

Can plea bargaining extend to commission of a gender centric offence? Madras High Court answers

“BNS has made certain offences gender neutral. But still, they are gender centric offences and not non-gender offences. There is a sharp difference between gender centric or gender-neutral offence and a non-gender offence.”

Case Briefs High Courts

Delhi High Court denies travel permission to Sahara linked Director; Upholds LOC restrictions amid SFIO Investigation

Delhi High Court has denied travel permission to a Sahara-linked director, maintaining Look Out Circular restrictions amidst a critical SFIO investigation. The Court’s decision underscores the ongoing scrutiny of financial ties and the impact on ongoing probes.