Case Briefs Archives

‘Suicide note written weeks before suicide’: Kerala HC says bickering and quarrels not instigation while quashing abetment to suicide case against wife

“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”

Employees have legitimate expectation to receive same benefits as offered to similarly situated employees: Rajasthan High Court

Rajasthan High Court held that the respondent has no authority to make a discrimination among the similarly situated employees for no good reason.

Case Briefs High Courts

Calcutta High Court grants interview opportunity to IBPS Exam candidate despite Date of Birth discrepancy; Calls it ‘trivial error’

“The object of a public examination cannot by any means be construed to be so restrictive as to be cruel on the candidates, particularly for brilliant people like the petitioner, who has already cleared the preliminary and mains in the tough banking examination concerned. The endeavour of the authorities ought to be encourage such people and not to shut them out on trivial issues.”

Case Briefs District Court

Delhi Court rejects former AAP councillor Tahir Hussain’s bail plea in 2020 north-east Delhi riots during anti-CAA protests

Allegations against Tahir Hussain includes offences under Section 13, 16, 17 and 18 of the Unlawful Activities Prevention Act, 1967.

Case Briefs High Courts

Taking away/withholding retiral benefits amounts to denial of ‘Right to life’: Rajasthan High Court

Rajasthan High Court held that retiral benefits are earned by employees for their services and should not be deprived due to non-job-related legal matters.

Case Briefs International Courts

Cross Border Insolvency | SICC recognises and enforces foreign proceeding concerning restructuring plan for PT Garuda Indonesia

A mandatory effect operates to recognise a foreign proceeding once the requirements in Article 17 of the Third Schedule are satisfied.

Case Briefs High Courts

If there is apprehension of arrest even after issuance of notice u/s 41A of CrPC, it cannot be said that anticipatory bail is not maintainable: Andhra Pradesh HC

“Petitioner submitted that, he is aged about fifty-eight years and has undergone several surgeries including a stunt to his heart.”

Case Briefs High Courts

Calling wife ‘bhoot’, ‘pisach’ not cruelty; Patna High Court sets aside husband’s conviction u/s 498-A IPC

The case under 498-A of the Penal Code, 1860 seems to be the outcome of a personal grudge and differences between both the parties.

Case Briefs High Courts

Allahabad HC denies bail to journalist spreading hate against PM Modi, CM Adityanath and making derogatory remarks against religious figures

“The act of leveraging publication as a tool for coercion not only undermines the integrity of journalism but also erodes public trust in the media, which plays a pivotal role in upholding democratic values.”

Case Briefs Supreme Court

Whether an arbitration clause from a primary contract gets incorporated into a subsequent Letter of Intent? Supreme Court answers

Supreme Court said that when there is a reference in the second contract to the terms and conditions of the first contract, the arbitration clause would not ipso facto be applicable to the second contract unless there is a specific mention/reference thereto.

Case Briefs High Courts

[UPSC Prelims 2024] Delhi High Court accepts supportive measures extended by Manipur Government to Manipur Hill Tribal candidates

Delhi High Court upheld the importance of equitable access to examination opportunities for candidates from marginalized areas and acknowledged the collaborative efforts between the concerned authorities to address logistical challenges effectively.

Case Briefs High Courts

Himachal Pradesh HC directs NHAI to file status report on Manali-Mandi section of NH-21; propose steps to be taken to rectify poor road conditions

“Though tunnels on the said section are good, there are several stretches where it is difficult for the motorists to drive because of heavy dust on road and poor road conditions.”

Case Briefs High Courts

Rajasthan High Court directs State to establish ‘separate cells’ to ensure timely compliance of court order

“Disobedience of the Court orders strikes at the very root of the Rule of Law and the judicial orders are bound to be obeyed at all costs.”

Case Briefs High Courts

Bombay HC upholds costs awarded by Arbitrator in conformity with the cost regime under Section 31(A) of Arbitration Act

Bombay High Court viewed that while awarding costs, the Tribunal considered the conduct of parties including the petitioner and, in such circumstances, held it fair and appropriate for the claimant to make a fulsome recovery of its costs.

Case Briefs High Courts

Chasing recoveries must never be the fate of Public Private Partnership Contracts; Bombay High Court directs MEPIDL to resolve issue with MCD

No reasonable body of persons or a prudent government or public body can overlook such glaring aspects that a person who is a defaulter of such enormous public money can be recognised to even continue to be a contractor irrespective of its existing contracts which are lucrative toll contracts awarded by public bodies / Governments. Would it not amount to a daylight fraud on the public exchequer ?

Case Briefs High Courts

Kerala HC upholds life sentence of four convicts accused of murder in Sunil Babu Gang rivalry murder case

“Prevalent presumption is that a related witness would not testify falsely against an innocent person because they want to see the true culprits punished.”

Case Briefs High Courts

Consensual sexual relations outside marriage constitutes no statutory offence: Rajasthan High Court

Rajasthan High Court held that the offence under Section 494 IPC requires proof of remarriage during the lifetime of a spouse, which is not the case in present matter.

Case Briefs Foreign Courts

US must provide assurances to the UK High Court before securing WikiLeaks founder Julian Assange’s extradition: UK High Court of Justice

The Court directed US to assure that Assange is allowed to rely on the First Amendment protections and is not prejudiced at trial by reason of his nationality, and that a death penalty is not imposed.

Case Briefs High Courts

Bombay HC denies contributory negligence of car which dashed trailer with no parking or tail lights

Bombay High Court found driving a 70 feet long trailer without any brake light or tale lamps as a grievous negligence.

Case Briefs High Courts

Bombay High Court calls for action against Doctor for gross negligence during postmortem

Bombay High Court directed the Secretary, Health, Government of Maharashtra and the Commissioner of Police to take cognizance of the medical report.