Case Briefs Archives

Karnataka State Legislative Elections 2023 | Can Congress’s 5 Guarantees in their manifesto be termed as Corrupt Practices? Karnataka HC answers

Under Section 123, of Representation of Peoples Act, 1951, a practice shall be considered as a corrupt practice when the same is done by a candidate or his agent or by any other person with the consent of the candidate or his agent, and not otherwise.

Case Briefs High Courts

J&K Administration must pay compensation of 5 lakhs to a lawyer detained in preventive custody for more than 1080 days: J&K and Ladakh HC

The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.

Case Briefs High Courts

‘Inconvenience of specific party cannot outweigh statutory provisions’; Delhi High Court directs DGCA to process deregistration of 54 leased GoAir aircrafts

“It is trite that the international treaty obligations are required to be followed strictly and any deviation therefrom would have adverse effects including downgrading of the business interests of country in the international community.”

Case Briefs High Courts

Patna HC orders Department of Police to pay Rs 2 lakh compensation to a man subjected to custodial violence and police atrocity

Police excesses and maltreatment of detainees/undertrial prisoners or suspects, tarnishes the image of any civilised nation, and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.

Case Briefs Supreme Court

Supreme Court grants bail to POCSO accused languishing in jail from past 4 years

Supreme Court viewed that the accused is entitled to be enlarged on bail pending trial, especially when no antecedents of the accused have been brought on record.

Case Briefs High Courts

‘Issue pending before the Supreme Court’; Delhi HC dismisses PIL seeking issuance of guidelines for release of undertrial prisoners on bail

The Supreme Court has issued directions to each State Government to set up a designated Committee, which has its focus on taking steps for setting up new jails, expanding the existing facilities in the jails, and providing facilities to the inmates using technology.

Case Briefs High Courts

‘Corporal punishment is never a solution to guide a child’; Madras HC directs State Govt. to implement guidelines for elimination of corporal punishment in schools

“The next era of child rights must move forward with a better and more equipped and pragmatic approach where the children are better heard and treated with more respect. We need to be more receptive to the needs of the children. We have to start listening to them”

Case Briefs Foreign Courts

Supreme Court of Appeal of South Africa restores conviction of man accused of raping his love interest

The Court held that ‘act of sexual penetration’ meant that one party must agree/ consent to engage in a particular act of sexual penetration with another, in light of Section 3 of the Sexual Offences Act.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC holds seller liable to pay compensation of Rs 30,000 for selling counterfeit Protein Powder through Flipkart

The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.

Case Briefs Supreme Court

Supreme Court stays order granting bail to Karnataka’s seer Shivamurthy Murugha Sharanaru’s in POCSO case

Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act and was released on bail on 08-11-2023.

Case Briefs High Courts

A policy circular doesn’t serve as arbitration clause without explicit consent: Calcutta High Court

In the facts of this case, there is no reference to the Circular whereby the arbitration clause has been incorporated in the contract between the parties. It is true that the policy decision in terms of the Circular is to make arbitration a mechanism for dispute resolution both in cases of existing and future contracts.

Case Briefs High Courts

Specific character assumed in a public auction cannot be changed to exploit the situation for personal gain:Bombay High Court

Participants in a public auction must maintain the character they assumed throughout the ensuing litigation, unless legally permitted by the Court. Changing character to exploit the situation for personal gain, especially at the expense of legitimate beneficiaries, is impermissible.

Case Briefs High Courts

Orders passed by High Court shall be complied despite enforcement of Model Code of Conduct due to Lok Sabha elections: Punjab and Haryana HC clarifies

The Court opined that the authorities are fully authorized and are under a legal duty to execute the orders of High Court without any specific permission form or intervention of the Election Commission of India.

Case Briefs High Courts

Delhi High Court directs expeditious conclusion of Magisterial inquiry into the custodial death of a 32-year-old man

Sheikh Sahadat, a 32-year-old person was found dead in police custody with black and blue marks of beatings all over his back and chest and with swelling on his hands and legs.

Case Briefs High Courts

Tata Steel’s contribution of Rs. 212.52 cr made to Compensatory Afforestation Fund to be treated as Revenue expenditure:Bombay High Court reiterates

The Court held that contribution to Compensatory Afforestation Fund will be considered as revenue expenditure and not capital in nature

Case Briefs High Courts

Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers

“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”

Case Briefs High Courts

Chhattisgarh HC registers suo motu PIL based on news report highlighting lack of sufficient staff and experts at Cyber Police Stations

The Court opined that it is highly disturbing and a matter of great concern that the people are being misled, allured and deceived by the persons using digital technology and electronic devices which come under the category of cybercrime.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Homebuyers/Allottees with or without RERA orders are treated equally under Section 7(1) proviso (2) IBC: NCLAT

The NCLAT held that the appellant, having obtained a recovery certificate from RERA, qualified as Financial Creditors.

Case Briefs Tribunals/Commissions/Regulatory Bodies

BookMyShow is not receiving any consideration by allowing card companies to extend discount offers, thus not providing any service to them: CESTAT

“It is very simple in the accounting standards that unless invoice is raised consideration is not collected. Therefore, it is very clear from the record that the appellant was not receiving any consideration from card companies.”

Case Briefs Foreign Courts

[MeToo Movement] | Why NY Court of Appeals decided to reverse Harvey Weinstein’s conviction for multiple sexual crimes?

In 2017, prominent American newspapers reported stories of several women who accused Harvey Weinstein of sexual abuse, harassment, and using his influence as a Hollywood power broker to take advantage of young women. These revelations eventually kickstarted the ‘#MeToo Movement’.