Case Briefs Archives

Courts will do well in not ordering concurrent running of sentences for serial offenders accused of heinous crimes: Punjab and Haryana High Court

“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”

Case Briefs High Courts

Madhya Pradesh High Court affirms decision to close ‘Scrap Sleepers Lifting’ contract and forfeiture of deposited money

Madhya Pradesh High Court rejected the petitioner’s argument for voiding the contract under Section 56 of the Contract Act, 1872, and found the failure to lift scrap was attributable to the petitioner.

Case Briefs High Courts

‘Take steps to inculcate discipline in Advocates’; Telangana HC directs State Bar Council after advocate uses high-pitched, intimidating voice

The counsels who adopt such practices, jeopardize the harmony with the Bench along with their professional careers, by ignoring the fact that they are not only required to conduct the case in a fair manner, but while doing so they are also officers of the Court.

Case Briefs Supreme Court

Supreme Court issues show cause notice to two NCDRC members for issuing non-bailable warrants despite SC’s interim protection

By the interim order, the Supreme Court had restrained the NCDRC from taking any coercive steps against Ireo Grace Realtech

Case Briefs High Courts

‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor

The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.

Case Briefs High Courts

Telangana HC directs fresh exam, both in English and Telegu languages to recruit teachers for Residential Educational Institutions Societies

The Notification No. 6/2023 dated 5-4-2023, issued by Telangana Residential Educational Institutions Recruitment Board, inviting applications for the post of Art Teacher categorically mentioned at Para (1)(v) that the question paper is bilingual i.e., English and Telugu.

Case Briefs High Courts

Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order

‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’

Case Briefs High Courts

Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity

Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.

Lexis Nexis Labour Court of South Africa

Case Briefs Foreign Courts

Criminal history is not relevant to the inherent requirement of a job: Labour Court of South Africa

The Court held that Lexis Nexis’ decision to deny the applicant the job of Senior Data Discovery and Enrichment Expert I, on the sole basis of his criminal history, constituted unfair discrimination.

Case Briefs High Courts

[POCSO Act] Charge of penetrative sexual assault can be made on some degree of insertion; non-tear of hymen of no consequence: Gauhati HC remands matter back to Trial Court

The version of the informant/victim must be considered with utmost care before discerning it. In fact, if the version of the informant/victim inspires confidence and appears to be trustworthy, credible, unblemished and of sterling quality, no further corroboration is required.

Case Briefs Supreme Court

Supreme Court verdict on ‘confiscation’ under Gujarat Prohibition Act and application of S. 451 CrPC on seized property

“Approaching the High Court directly under Articles 226/227 of the Constitution seeking release of the seized vehicle without approaching the Magistrate under Section 451 of the CrPC is not proper course of action.”

Case Briefs Foreign Courts

[Downgrading of Prince Harry’s Security] | UK HC directs the Duke of Sussex to pay 90% of reasonable costs to the Home Department for the legal expenses incurred

The instant costs order is in addition to successive series of orders passed by the English courts in the matter of Prince Harry, Duke of Sussex, who had stepped down from being a senior royal; thereby having his public-funded security downgraded whilst visiting the UK.

Case Briefs Supreme Court

Supreme Court upholds acquittal in 16-year-old cheque dishonour case; Says complainant failed to show if any sum was advanced towards financial assistance

“Both the appellate fora, on-going through the evidence did not find existence of any ‘enforceable debt or other liability’. This strikes at the root of the Rajco Steel’s case”

Case Briefs High Courts

Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night

Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.

Case Briefs Supreme Court

Supreme Court invokes power under Article 142 of the Constitution to grant mutual consent divorce

Supreme Court directed the parties to withdraw all the cases pending between them.

Case Briefs District Court

[Bumble Rape Case] Delhi Court sets aside order taking cognizance for want of relevant sections; Remands matter for fresh detailed order

The FIR found its basis in the allegations that on the pretext of marrying the complainant, the accused person committed rape with her and threatened to kill her.

Case Briefs High Courts

Delhi HC directs removal of defamatory X posts/tweets against Senior Advocate Gaurav Bhatia; videos in public domain to be made private

The press and the Media had a duty to report the incident for the benefit of the public, but there is also a corresponding duty to remain truthful to the incident. The deepfake videos showing plaintiff being beaten up are nothing but an over-sensationalisation and depiction of facts which are patently false.

Case Briefs Supreme Court

Inside Supreme Court verdict on easementary rights and powers of Appellate Court

“The easementary right is essentially a right claimed by the owner of land upon another land owned by someone else so that he may enjoy his property in the most beneficial manner.”

Case Briefs High Courts

Kerala HC directs Union to immediately address violations of broadcasting advisories in telecasting Malayalam Bigg Boss Season 6

Kerala High Court also directed Union to instruct Mohanlal, Endemol Shine India, Asianet and Disney Star to desist from telecasting such show in the electronic media.

Case Briefs High Courts

Kerala HC directs State to formulate guidelines in tune with Kerala Education Rules about the importance of playground in schools

“A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically”