Case Briefs Archives

Madhya Pradesh High Court imposes exemplary cost of Rs. 1,50,000/- on parties for treating court as playground

Madhya Pradesh High Court note that questions regarding the petitioner’s status in the ancestral house and the subsequent eviction suit cannot be adjudicated in Section 482 CrPC petition.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Wireline logging and perforation for drilling oil well deserves classification under mining services and not TTA services under Finance Act, 1994: CESTAT

“The services like wireline logging, perforation and other wireline related services involving mechanical jobs which were undertaken by appellant at the time of drilling an oil well are integrally connected with the mining of oil or gas and have a direct nexus with the drilling of a well.”

Case Briefs High Courts

Wife leaving matrimonial home, from time to time, without any fault on husband’s part, is mental cruelty: Delhi HC grants divorce to husband

The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.

Case Briefs High Courts

‘Mere mockery of the principles of natural justice and fair play’; Delhi High Court sets aside order expelling JNU student in 2011

“The opportunity to the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more.”

Case Briefs High Courts

Rajasthan High Court grants permission to admit students for B.Sc Nursing Course 2023-24 amidst pending NOC decision

Rajasthan High Court noted that respondents have put the consideration of NOC on hold until the formation of a High Level Committee and implementation of a new policy.

Case Briefs Supreme Court

Supreme Court grants bail to Shoma Sen in Bhima Koregaon Elgar Parishad case

Supreme Court granted her bail subject to the conditions that she will not leave the State of Maharashtra without the permission of the Special Court and have to surrender her passport and furnish her address and mobile number to the investigating officer.

Case Briefs High Courts

‘Welfare of child is of supreme consideration’: Chhattisgarh HC grants custody of minor daughter to father who expressed her fear of getting beaten by mother

“While fair and temperate criticism of the Court, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice will be taken.”

Case Briefs High Courts

‘Pay Rs 5 lakh compensation each to two acid attack victims’; Delhi High Court directs DSLSA to bring forward employment prospects in Department of Delhi Govt

In cases of heinous crimes such like rape and acid attack, conviction can be solely premised upon the testimony of the victim/prosecutrix, but the deposition must be trustworthy, unblemished, credible, and sterling quality.

Case Briefs Supreme Court

Supreme Court acquits murder convicts; reverses High Court findings based on conjectures and surmises

Supreme Court said that the elaborate exercise of the trial Judge has been washed away by the High Court in a totally cursory manner.

Case Briefs High Courts

Family Court duly empowered to consider application for divorce via Mubarat agreement under Dissolution of Muslim Marriages Act: Karnataka HC

The High Court noted that Divorce via Mubarat i.e. Mutual Consent, is an accepted form of Divorce under Muslim Personal Law and there is no impediment for Family Courts to recognise the same and declaring the status of the parties.

Case Briefs High Courts

Delhi High Court asks Judges to prioritize criminal cases, appeals, revisions pending against MPs, MLAs

The Court requested all the Judges to refrain from adjourning the subject cases except for rare and compelling reasons.

Case Briefs High Courts

Courts should be hesitant to grant police protection to persons having criminal background: Madras HC refuses protection to BJP State Secretary

Madras High Court noted that there are three pending cases against the petitioner in the State of Tamil Nadu, out of which, two cases were registered in the year 2023

Case Briefs High Courts

Delhi High Court restrains Ashirvad Pipes from using marks similar to Jaguar’s ‘ARTIZE’ and ‘TIAARA’ marks in relation to sanitaryware

Defendant earlier using the mark “Ashirvad by Aliaxis” and adopting “ARTISTRY” only after plaintiff’s “ARTIZE” mark gained repute, prima facie, shows that there is a conscious attempt to ride on plaintiff’s reputation.

Case Briefs Supreme Court

SC directs NMC to submit details of stipend paid to MBBS Interns by medical colleges in all States

Clause 3 of Schedule IV of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 provides for payment of stipend to all the interns, as fixed by the appropriate authority applicable to the institution/ University or State.

Case Briefs High Courts

‘Seeking bail on ground that no loss caused to Government is meaningless’: Punjab & Haryana HC refuses to grant anticipatory bail to estate officer accused under PC Act

“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”

Case Briefs High Courts

[Section 125 CrPC] LIC premium, loan instalments no reason to avoid maintenance; Allahabad HC upholds order granting maintenance to wife and children

“The Court shall take only the present income of the husband and wife into consideration for determining maintenance payable to the wife and children.”

Case Briefs High Courts

‘Falls within domain of executive and legislature’: Delhi HC rejects PIL seeking to constitute High-Powered Committee to look into complete affairs of all co-operative banks

“Petitioner states that the main reason behind the impropriety in the management of these banks is that the Co-operative banks are under dual control of RBI and Registrar of Co-operative Societies.”

Case Briefs Supreme Court

Inside Supreme Court order on EVM-VVPAT Verification

The petitioner sought for verifying the count in EVMs with votes that have been verifiably ‘recorded as cast’ and to ensure that he is able to verify through the paper slip of VVPATs that his vote as recorded on the paper slip has been ‘counted as recorded’.

Case Briefs High Courts

[S. 50 PMLA] ED should at least reveal substance of allegations to summoned person, if not copy of ECIR: Allahabad HC

“Mere registration of ECIR does not make a person an accused”

Case Briefs High Courts

Rajasthan High Court criticises Registry for compiling 145-pages long cause list with 1,609 cases; likens situation to ‘unscrambling a scrambled egg’

Rajasthan High Court stated that what baffles the Court is “how the Registry anticipates this Bench to navigate through this labyrinthine situation, akin to unscrambling a scrambled egg”.