Case Briefs Archives

Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates

Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.

Case Briefs District Court

[Liquor Excise Policy scam] Rouse Avenue Court remands Delhi CM Arvind Kejriwal to ED custody till March 28

Delhi Chief Minister and AAP leader Arvind Kejriwal was arrested by the ED at his residence in connection with the Delhi Excise Policy case on 21-03-2024.

Case Briefs High Courts

Voluntary surrendered petitions before magistrate having no jurisdiction are not maintainable: Madras HC issues directions

A person accused of an offence under the Penal Code (‘IPC’) who has not been forwarded under Section 167(1) of the CrPC and has voluntarily appeared and filed a surrender petition cannot be dealt with under Section 167(2) of the CrPC.

Case Briefs High Courts

Whether merely asking someone to retract statement by filing another affidavit would amount to instigating suicide? Gujarat HC answers

The accused allegedly goaded the deceased to make an affidavit denying his signature in a particular document and suicide was committed under the threat to retract the statement.

Case Briefs High Courts

“Alleged non-receipt of notice warrants another opportunity”; Calcutta High Court grants Assessee opportunity to show-cause despite failure to respond

Calcutta High Court explicitly stated that if the appellant failed to comply with the court’s directive, the benefit of the order would not apply, and the appeal would be dismissed without further reference to the court.

Case Briefs High Courts

Delhi High Court directs rogue cyberlocker websites to take down listings of copyrighted content of Warner Bros, Netflix, Universal City Studios

The rogue cyberlocker websites provide an infrastructure specifically designed to incentivize hosting, uploading, storing, sharing, streaming, and downloading of copyrighted material unauthorizedly.

Case Briefs High Courts

‘Judicial Officers are expected to maintain high level of integrity’: Madras HC refused to interfere with punishment given to Judge held for engaging in conference call with accused in Sankararaman murder case

“High standard of proof is essential to convict an accused in a criminal trial. However, no such strict proof is required for punishing a public servant under the Discipline and Appeal Rules”.

Case Briefs High Courts

W.B. Assembly Election 2021 | ‘Appellant seems to have lost interest in prosecuting the matter’; Calcutta High Court dismisses appeal

The instant matter is related to appeal against the writ petition challenging the election of respondent 14 to the West Bengal Assembly in the 2021 elections, based on falsifying his educational qualifications.

Case Briefs High Courts

Arrest and Jail should be resorted in rare cases of contumacious denial to pay the maintenance; Delhi High Court sets aside detention order

A person who has already having been sent to civil imprisonment for a period of three months, cannot be sent to civil prison again in execution of the same decree for a second time.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC chastises Uber India; Notes that charging excess cab fare rather than the actual contracted fare during advance booking, is unfair trade practice

DCDRC also held that in order to keep a check on unruly service providers such as Uber, who commit breach of commitments at the nick of time, they are required to be dealt with heavy hands and as such they must be made to deposit at least Rs.10,000 as compensation in Consumer Welfare Fund of the Chandigarh District Forum.

CBI probe Mahua Moitra in cash-for-query

Case Briefs Tribunals/Commissions/Regulatory Bodies

Cash-for-query | Lokpal’s direction which led CBI to register case against Mahua Moitra and a dive into Preliminary Inquiry Report

Mahua Moitra, who was elected from the Krishnanagar seat in West Bengal, was expelled on 08-12-2023 from Lok Sabha over cash-for-query charges.

Case Briefs High Courts

Calcutta High Court dismisses minority institution owners’ petition seeking relief from installation of high-voltage electricity cable

The Calcutta High Court noted that while the Courts may intervene in matters of public interest, such as installation of electricity lines, the same is not warranted in the present case.

Case Briefs Supreme Court

The tale of a teacher accused of offering flowers and chocolates to 8th-Standard girl as SC overturns POCSO conviction

The Special Court for POCSO cases convicted the Tamil languageNadu teacher under Section 12 of the POCSO Act and sentenced him to three years of rigorous imprisonment and the High Court affirmed the conviction.

Case Briefs High Courts

Calcutta High Court directs adherence of Unnatural Death Compensation Scheme in computation of compensation for prisoners’ unnatural death

The West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 provides for the minimum limit of compensation which is payable upon satisfaction of the contingencies provided in the scheme.

Case Briefs High Courts

‘No allegations of tampering with evidence or threatening any person’: Delhi HC grants anticipatory bail to accused persons u/s 336 and 436 of IPC

“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”

Case Briefs High Courts

Noise Pollution | P&H High Court seeks status reports from State on use of loudspeakers at intolerable volume in Gurudwaras

The petitioners were aggrieved by the ‘indiscriminate use of loudspeakers at excessive and intolerable volume by a Gurudwara’ in the residential area.

Case Briefs Supreme Court

Supreme Court directs Indian Army to compensate Ex-Havaldar with Rs 50 Lakhs for wrongful termination due to misdiagnosis as HIV +ve

“Severance of employer — employee relationship can never be said to be an easy choice, for it not only results in the employee losing his livelihood, but also affects those who depend on him for their survival. And if the employer is the Indian Army, the loss is even greater, since it has the effect of suddenly displacing a soldier from the regimented lifestyle of the military”

Case Briefs Supreme Court

SC refuses to stay Election Commissioners Act removing CJI from Selection Committee; Rejects plea to stay appointment of two new ECs

Section 7 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides that the Selection Committee would comprise of the Prime Minister, a Union Cabinet Minister and the Leader of the Opposition.

Case Briefs High Courts

Cheating in government exams undermines principles of meritocracy, equal opportunities; effects not limited to individual but impact society: Delhi High Court

Cheating in government exams perpetuates inequalities by favoring those who can afford to pay for leaked exam papers or engage in fraudulent activities, while disadvantaging those who rely on their hard work and merit to succeed.

Case Briefs High Courts

Bombay High Court| Tata Memorial Hospital classified as an autonomous body under Central Government Control

Tata Memorial Hospital and Indian Cancer Research Centre were amalgamated into an institution named as Tata Memorial Centre, which was registered as a Society under the provisions of the Societies Registration Act, 1860 and also as a public trust under the provisions of the Bombay Public Trusts Act, 1950.