Case Briefs Archives

Complaint for dishonour of cheque to be filed within one month from the date on which cause of action arose: Allahabad HC upholds summoning order

Allahabad High Court said that the petitioner had 15 days’ period to make the payment from the date of receipt of notice, on 08-01-2020, and the said period expired on 23-01-2020. Therefore, the cause of action for filing the complaint arose on 23-01-2020, as per clause (c) of the proviso of Section 138.

Case Briefs Supreme Court

‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period

Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.

Case Briefs Supreme Court

[Pakhro Tiger Safari Project] SC directs MoEFCC to establish committee for environmental restoration and cost evaluation in Jim Corbett Park

“This is a classic case that shows how the politicians and the bureaucrats have thrown the public trust doctrine in the dustbin.”

Case Briefs High Courts

A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife

Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.

Case Briefs Supreme Court

Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities

A social activist group dedicated to the common cause for imparting education to the children, alleged that several schools in the district of East and West Champaran were in bad condition.

Case Briefs High Courts

‘Aggrieved parties in cases of Doxing cannot be rendered remedy-less’; Delhi High Court directs X to reveal subscriber information

The term ‘Doxing’ comes from the phrase ‘dropping documents’ or ‘dropping dox’ on someone, which appears to have originated in 1990s, that involved uncovering and revealing the identity of people who fostered anonymity.

Case Briefs High Courts

Whether state-funded ‘public trust institution’ obligated to provide ‘information’ under RTI? Bombay High Court clarifies

A Full Bench was constituted to consider whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act 1950, which is running an institution that receives a grant from the State is duty bound to supply information sought from it under provisions of Right to Information Act 2005.

Case Briefs High Courts

Deductions such as PF/LIC premium can’t be considered while calculating husband’s salary in determining quantum of maintenance: Karnataka HC

The High Court cautioned that if consideration of such artificial deductions is allowed, then in every petition under Section 125 of CrPC there would be tendency by the husband to show lesser salary with an intention to mislead the Courts so as to avoid giving maintenance.

Donald Trump Colorado Supreme Court presidential primary ballot SCOTUS

Case Briefs Foreign Courts

SCOTUS reverses Colorado Supreme Court’s decision to remove Donald Trump’s name from the state’s presidential primary ballot

In a unanimous verdict, the SCOTUS held that power to enforce Section 3 of 14th Amendment to the US Constitution against federal officeholders and candidates, lies with the Congress rather than the States.

Case Briefs Supreme Court

24 years after a woman’s suicide, Supreme Court finds no evidence to convict accused for abetting the same

Supreme Court raised doubts that if prosecution version was to be believed, there had to be presence of syringe and needle or a container at the scene of occurrence.

Case Briefs High Courts

Delhi High Court upholds ‘first-come-first-served’ basis to allot free election symbols to unrecognized parties

“Petitioner is seeking to retain an advantage for the registered unrecognized political parties to get continued access to a particular free symbol and therefore indirectly converting a free symbol into a reserved symbol.”

Case Briefs High Courts

‘Where corporate character is employed for defrauding others, Court should pierce the corporate veil’: Allahabad HC refers Cloud 9 Projects cheating case to ED

“We cannot keep our eyes shut and be a mere mute spectator of the fraud, which the builders have played on the home buyers and Noida Authority”

Case Briefs High Courts

Custom duties and charges shall not be levied on medicines, drugs and therapies for rare diseases: Delhi High Court

“Whenever medicines are brought in respect of rare diseases, the custom authorities shall ensure that the same are cleared expeditiously and no unnecessary impediments are caused in ensuring that the same reach the hospital concerned.”

Case Briefs High Courts

Orissa HC declares nomination and election of Congress MLA Mohammed Moquim, as void

“A responsible man seeking election to the House of the State Legislature is not expected to file his nomination whimsically without verifying the contents thereof.”

Case Briefs High Courts

Raj HC orders POCSO convict to serve parole at a place away from victim’s residence to balance victim’s safety and accused’s rights

“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”

Case Briefs High Courts

Madras HC sets aside Controller’s order rejecting patent application of Microsoft Tech. claiming invention titled ‘Message Communication of Sensor and other Data’

Madras High Court said that the Controller is correct in stating that both the cited prior art and the claimed invention provide for the transmission of sensor data to a subscribing application, but the difference lies in how such data is transmitted.

Case Briefs High Courts

Correction of date of birth in service record cannot be made at the fag end of career: Bombay High Court reiterates

Bombay High Court clarified that “the expression ‘fag end of the career’, must be construed in light of the length of service being put in by an employee.”

Case Briefs High Courts

‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case

It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.

Case Briefs High Courts

‘Disclose how setting up liquor vend can be permitted under mixed-use policy of MPD 2021’; Delhi HC stays opening of liquor vend in a plea by Resident Welfare Association

“By virtue of Para 15.6.2(e) of the Master Plan of Delhi, 2021 (‘MPD 2021’), the opening of a liquor shop in a residential premise under the mixed-use policy of the MPD 2021 is expressly prohibited.”

Case Briefs High Courts

Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court

“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”