Case Briefs Archives

Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar

The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Absence of specific waiver provision indicates Legislative Intent to strictly follow Section 43 of LLP Act: NCLT

“A provision vesting “inherent powers” on a Court or Tribunal are to be used sparingly and should not be used to imply and read in substantive powers where the statue itself does not prescribe such powers.”

Case Briefs High Courts

Delhi High Court grants permission for execution of a decree passed after 20 years against a Company under liquidation

The applicant must have spent considerable resources fighting the suit for the last 20 years and therefore, it would not be appropriate to deprive him of the opportunity to execute the decree obtained in his favour.

Case Briefs Supreme Court

Judge hearing application under S. 34 Arbitration Act must apply mind to grounds of challenge and deduce whether interference is required: SC

Supreme Court requested the Chief Justice of the Delhi High Court to assign the hearing of the petition under Section 34 to a Judge other than the Judge who heard and passed the impugned order.

Case Briefs High Courts

Whether a father can be booked for offence of kidnapping for taking away his own minor child from the custody of the mother? Karnataka HC answers

Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.

Case Briefs High Courts

‘Mere familial relation with accused under PMLA is not grounds for denying security clearance u/S. 7A (1)(d) of Citizenship Act, 1955’: Delhi High Court

Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.

Case Briefs High Courts

Prohibition of Child Marriage Act will supersede Muslim Personal Law; every Indian a citizen first, religion comes later: Kerala HC

“The Prohibition of Child Marriage Act, 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion”

Case Briefs Supreme Court (Constitution/Larger Benches)

Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict

“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”

Case Briefs High Courts

‘For 31 years, complainant willingly, knowingly participated in sexual relationship’; Bombay HC quashes FIR registered u/S 376 IPC against 73-year-old man

The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.

Case Briefs High Courts

A huge sum spent in the judgeship of 24-Parganas (North); Calcutta High Court stays contractual recruitment notifications

The smooth functioning of the District Judiciary without regular staff and employees is likely to suffer and cannot be cured or supplemented by contractual engagements.

Case Briefs High Courts

Madras HC quashes FIR against former DGP accused of forwarding offensive WhatsApp message against Chief Minister MK Stalin

Madras High Court took note of the affidavit filed by the petitioner, wherein he regretted for his conduct, and he has recorded his regards to M.K.Stalin in unequivocal terms. Further, he said he will not subscribe to or endorse the alleged message in any way.

Case Briefs High Courts

Punjab and Haryana HC imposes Rs. 2 lakh costs on IIM Rohtak for withholding result of its student for four years

Petitioner was a young girl of 27 years, when the impugned letter was passed and she could not do anything for the next four years because of the aforesaid letter, which was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences.

Case Briefs High Courts

‘UIDAI can be directed to disclose data in sealed cover in exceptional Habeas Corpus cases without prior hearing’: Delhi High Court

The Delhi Police was directed to file an updated status report of the missing woman based on updated Aadhar card information.

Case Briefs High Courts

2024 Lok Sabha elections | MP High Court issues notice to Khandwa BJP MP Gyaneshwar Patil for allegedly filling ‘false affidavit’

The Congress candidate Narendra Patel filed an election petition alleging that the BJP MP Gyaneshwar Patil suppressed material information in his affidavit in the 2024 Lok Sabha elections for the Khandwa constituency.

Case Briefs Supreme Court (Constitution/Larger Benches)

‘Indra Sawhney did not limit sub-classification to OBCs; Sub-classification of SC/STs permissible’: A point wise breakdown of Majority Ruling in SC’s 6:1 Verdict

“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”

Case Briefs High Courts

‘AI tools infringe individual’s right to control and protect their own likeness/voice’; Bombay HC grants ad-interim injunction in favour of Arijit Singh to protect his personality rights

Making AI tools available that enable conversion of any voice into that of a celebrity without their permission constitutes a violation of their personality rights and such tools facilitate unauthorized appropriation and manipulation of a celebrity’s voice, which is a key component of their personal identity and public persona.

Case Briefs High Courts

‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty

The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.

Case Briefs High Courts

Whether a petition can be rejected in part upon an application being moved under Order 7 Rule 11 of the CPC? Delhi HC answers

“The Court said the Family Court judge was correct in holding that divorce petition could not be rejected merely because a part of the cause of action was not viable in law if the Court otherwise had jurisdiction to entertain the action, and therefore, the application under Order 7 Rule 11 was not sustainable.”

Case Briefs High Courts

‘People have suffered enough environmental degradation’; P&H HC restrains Haryana Govt. from cutting 150 trees; advises to find alternate site for construction of police station

It is obvious that about 150 trees, which are a century old, stand on the land allotted for the purpose of constructing a police station and a police line. The petitioner has also filed certain photographs of the area concerned which reveals that there is also a water body next to the above trees.

Case Briefs Supreme Court

SC calls for performance audit of Maharashtra Slum Areas Act; Emphasises on review of implementation of Statute to ensure Rule of Law

“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”