Case Briefs Archives

‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC

The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.

Case Briefs Supreme Court

‘A relationship consensual at the beginning may not remain so all time’; Supreme Court refuses to quash rape case

The Supreme Court directed masking of the complainant’s identity in the Court records and future proceedings and her to be referred as ‘Miss X’.

11 accused persons in Delhi Riots of 2020 discharged

Case Briefs District Court

‘No reference to show existence of criminal conspiracy’; Delhi Court discharges all 11 accused persons in Delhi Riots of 2020

“It does not appeal to logic and probability that persons in the mob of Muslim Community will raise slogan of “Jai Shree Ram” or they will beat a Muslim person, while acting as part of a mob in a communal riot between Hindu and Muslim.”

Case Briefs High Courts

Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court

“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of marriage.”

Case Briefs Supreme Court

Criticising abrogation of Art. 370 on WhatsApp status; wishing Independence Day to Pakistan not an offence under Section 153-A IPC: Supreme Court

“Now, the time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression. They must be sensitised about the democratic values enshrined in our Constitution”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT grants interim protection to 17 KVS Primary Teacher (Music) candidates over ‘communication gap’ grievances, subject to final outcome

The case was filed, compelled by the absence of communication regarding the outcome of the selection process for the post of Primary Teacher (Music) despite an active participation, whereas other candidates received offers of appointment while keeping her in the dark about the status.

Case Briefs Supreme Court

For recovery alleging debtors of benami companies of notified person, onus of proof lies on Custodian: Supreme Court

“It is only after the Custodian discharged this primary burden and established the existence of the debt, then by virtue of Section 102 of the Evidence Act, perhaps, the onus could be shifted on to the appellants to rebut the same.”

Case Briefs District Court

Delhi Court acquits accused under Section 138 NI Act on failure to establish debt adjustment

The complainant woefully failed to account for the amount of Rs 6,11,071/- which was due on him towards the accused. Therefore, it cannot be said that the amount represented on the cheque in question was a legally recoverable debt.

Case Briefs High Courts

Look-alike products undermine integrity of fair trade; Obligation upon e-commerce platforms to ensure that sellers’ complete details are available: Delhi HC

“Irreparable harm will be caused if injunction is not granted, as on online platforms and marketplaces, it is extremely easy for sellers to proliferate the images and continue to dupe customers.”

Case Briefs High Courts

Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege

“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”

Case Briefs High Courts

“Accused who has been discharged or acquitted honourably has a right to dignity” Karnataka HC directs Registrar to mask party’s name in the Court’s digital records

Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.

Case Briefs High Courts

Delhi High Court rules suspension of Members of 7th Delhi Assembly as unlawful; Directs rejoining

Delhi High Court underscored the importance of upholding procedural fairness and constitutional principles in legislative proceedings while acknowledging the authority of the House to maintain discipline and order within its precincts.

Case Briefs High Courts

‘Mental illness not a choice’; Delhi High Court reinstates SSB constable dismissed from service for attempting suicide

“Section 115 of the Mental Healthcare Act, 2017 raises a statutory presumption that any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under the Penal Code, 1860.”

Case Briefs High Courts

Temporary separation gives sense of insecurity in spouse’s mind; Delhi HC grants divorce to husband whose wife keeps returning to parental home

“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”

Case Briefs High Courts

Kerala High Court allows transwoman to participate in NCC selection process; restricts directions for authorities to amend eligibility

The petitioner had been subjected to sex reassignment surgery and held a certificate which declared that she now belongs to the female gender.

Case Briefs Supreme Court

“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act

The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.

Case Briefs High Courts

Can candidates be allowed to change category after initiation of recruitment process because of subsequent widowhood, disability?; Raj HC refers matter to larger bench

“Such incidents, including the one involved in the present case, is an Act of God, actual prediction or otherwise whereof, by any stretch of imagination, cannot be within the domain of an individual aspirant or an employer/recruiter.”

Case Briefs High Courts

[GOLD STEP v. GOLD FLAKE] Delhi High Court grants ad-interim injunction to ITC Ltd for its mark ‘GOLD FLAKE’ in relation to cigarettes

“Since defendants are using different marks on outer packaging of the impugned products and identical roundel devices on the individual cigarette sticks, the Local Commissioner is permitted to open cigarette packs to inspect the logos/devices on the individual cigarette sticks.”

Case Briefs District Court

Application under Section 12 DV Act cannot be transferred to Family Court u/S 408 CrPC; Delhi Court reiterates

The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice.

Case Briefs Supreme Court

Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’

Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.