Case Briefs Archives

Personal law to be applied consistently with Guardians and Wards Act; Allahabad HC dismisses habeas corpus petition in custody case

The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.

Case Briefs High Courts

Calcutta High Court affirms rejection of extension application for arrear rent deposit under Section 7(1)(c) of W.B. Bengal Premises Tenancy Act

Calcutta High Court held that the court’s jurisdiction is limited in extending time for depositing rent, and it cannot go beyond the provisions of the law.

Case Briefs High Courts

Kerala High Court upholds rejection of divorce petition by husband on ground of cruelty; highlights evidence of cruelty against wife

Kerala High Court explained that “Cruelty consists of acts which are dangerous to life, limb or health. Cruelty may be physical or mental.”

Case Briefs High Courts

Assessing Officer-IV a part of the inspection team? Calcutta High Court remands matter for re-evaluation under Electricity Act, 2003

“A decision-maker is insisted on recording reason in support of his decision to ensure transparency in decision-making process. When any order is subject to appeal or amenable to judicial review, then such order must be reasoned and speaking order.”

Case Briefs Supreme Court

Tadoba Scam | Supreme Court upholds Bombay HC order rejecting Thakur brothers’ anticipatory bail

Supreme Court directed the investigation be conducted quickly and a decision on the investigation’s conclusion should be taken by the Investigating Authority.

Case Briefs High Courts

Delhi HC refuses concerns against Anant Ambani-Radhika Merchant wedding venue, says ‘pure apprehension that injury may be caused to animals’

“It is submitted that a one-time private, and non-commercial event is being held at various locations in the complex and there is no provision contained in any law, that prohibit Respondents 3 and 4 from inviting guests to view their facilities, especially for non-commercial purposes.”

Case Briefs High Courts

BSF jawan found guilty of culpable homicide not amounting to murder for sudden indiscriminate firing which led to a civilian’s death; Calcutta HC commutes sentence

The General Security Force Court had convicted the BSF jawan for murder and had sentenced him to life imprisonment along with dismissal from service.

Case Briefs High Courts

[Trafficking for Sexual Exploitation] S. 370-A IPC offence made out only when sex worker’s customer has procured her for another person: Orissa HC

“In the absence of material that women are trafficked for the purpose of engaging for sexual exploitation, the offence under Section 370-A (2) of the IPC cannot be attracted against the customer”.

Case Briefs High Courts

Rajasthan HC directed Chief Secretary to constitute committee for providing ‘Jyoti Yojna’ benefits to every woman who underwent sterilization after giving birth to one/two girl child

“Legitimate expectation is considered to be a part of the principles of natural justice. This doctrine will be applicable, if by reasons of existing state of affairs, a party is given to understand that the other party shall not take away the benefit without complying with the principles of natural justice.”

Case Briefs High Courts

Bombay High Court grants exemption from Surrogacy Rules to couple facing Genetic Disorder challenges

In a significant ruling, the Bombay High Court granted exemption from strict surrogacy regulations to a couple facing challenges due to a genetic disorder. The decision enables the petitioners, dealing with infertility linked to Von Hippel-Lindau Syndrome, to pursue surrogacy without adherence to donor gamete restrictions, marking a pivotal development in reproductive rights litigation.

Case Briefs High Courts

Delhi High Court directs IBBI to frame code of conduct for effective working of Committee of Creditors

“The need for a code of conduct assumes greater importance in light of the fact that once a decision is taken by the CoC, the aggrieved party is deprived of the legal remedies, except to a limited extent.”

Army personnels alleged of fake relationship certificate

Case Briefs Supreme Court

Enrollment in Army based on Fake relationship certificate with servicemen/ex-servicemen: SC orders reinstatement of army personnels with consequential benefits

The Army personnels were dismissed from the services stating that the relationship certificate with the servicemen/ ex-servicemen, submitted for recruitment, were found to be manipulated and false during the verification.

Case Briefs High Courts

Calcutta High Court dismisses Section 340 CrPC applications due to lack of prima facie Forgery evidence

Calcutta High Court clarified that Court’s findings are confined to the allegations related to the applications under Section 340 CrPC and would not prejudice the outcome of any independent criminal cases or investigations against the petitioner.

Case Briefs High Courts

Whether power u/s 8 of PMLA conferred on Adjudicating Authority can be exercised only by member having experience in law: Telangana HC clarifies

“When legislature confers the function of adjudication on an authority under the statute, the same can be performed by such authority within the four corners of the power conferred on it.”

Case Briefs Supreme Court

Supreme Court | NCLT can recall Resolution Plan approval despite misclassification of Creditor’s claim under IBC on submission of proof

The dues shown payable to the appellant was Rs. 13,47,40,819 while the appellant claimed it to be Rs. 43,40,31,951.

Case Briefs High Courts

Widowed daughter-in-law is included in definition of dependant; can seek compassionate appointment under Rajasthan Compassionate Appointment Rules, 1996: Raj HC

“In the society a daughter-in-law, may she be widow, is always treated as an integral member of the family and she possesses all honour as well as the responsibilities of the household.”

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution

The 5-Judge Constitution Bench heard a batch of cases challenging the controversial electoral bonds scheme over three days, before reserving the verdict in November.

Case Briefs High Courts

Calcutta High Court quashes Section 144 CrPC order; permits State to promulgate more focused order for specific disturbance areas in Sandeskhali

The instant matter highlights the delicate balance between security measures and citizens’ rights, emphasizing the importance of lawful and justified actions by authorities in maintaining public order.

Case Briefs Supreme Court

Subordinate legislation ultra vires to Parent Act? Supreme Court summarises principles for deciding cases

“If a rule is challenged as being ultra vires, the Court must, firstly, determine and consider the source of power, secondly, the meaning of the subordinate legislation, and that whether the subordinate legislation is consistent with and within the scope of the delegated power.”

Case Briefs High Courts

Weight of carriers like towels, bedsheets cannot be included to determine small/commercial quantity of contraband: Delhi HC

“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”