Case Briefs Archives

Unanimity on Questions of Law; differences on Questions of Facts: Division Bench refers matter to Calcutta High Court Chief Justice for resolution by third Judge

The Division bench agreed to the monthly occupation charges but disagreed on the time period for payment.

‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs

“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”

Case Briefs High Courts

‘A mere undertaking does not create charge without transfer of interest’; Calcutta High Court dismisses application seeking rejection of plaint

Calcutta High Court stated that the defendant did not produce any documents to prove he has complied with his obligation under MOU, leading to its cancellation.

Case Briefs High Courts

Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication

The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.

Case Briefs High Courts

Bombay HC quashes Rs 150 bribe case against Primary School Junior Clerk for want of previous sanction under PC Act

Bombay High Court explained that the instant case did not pertain to defective sanction.

foeticide not ethical if no danger to carry on pregnancy

Case Briefs High Courts

Foeticide neither ethical nor legally permissible, if no danger to carry on with pregnancy with healthy and viable foetus: Delhi High Court

“If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion.”

Case Briefs High Courts

Calcutta High Court modifies Special Referee’s report; determines Mesne profits and monthly rents based on Cost Inflation Index

Calcutta High Court held that based on the Lease Deed, the defendant’s possession after the original term was an extension, not a renewal, and a new lease document was not required.

Case Briefs High Courts

‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal

“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 311 CrPC application due to bar on criminal revision under Section 397(2) CrPC

The Calcutta High Court observed that Section 311 of the CrPC provides wide discretionary powers to courts for summoning, examining, or recalling witnesses if their evidence is essential to a just decision.

Case Briefs High Courts

Securities Misappropriation | Calcutta High Court sets aside Magistrate’s orders on non-compliance of mandatory provision of Section 202 CrPC

“The compliance of provision under Section 202 of the CrPC, 1973, is compulsory and unavoidable for a Magistrate before issuance of summons in case of alleged offender who resides outside his territorial jurisdiction.”

Hiring motor vehicles and transfer of right to use goods

Case Briefs Supreme Court

When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers

“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”

Case Briefs High Courts

Adulterous spouse is not equivalent to incompetent parent; extramarital affair of either spouse cannot be the sole reason to determine child’s custody: Delhi HC

“The relationship between the father and the mother as husband and wife may not have been of trust, faith and cordiality, but their relationship inter se cannot be held to be the determining factor for working out the custody plan of the children.”

Case Briefs High Courts

Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case

It is not necessary for a criminal trial to go on just to dabble with an incident involving sexual abuse without identifying an accused. If this is allowed, the victim will be embarrassed and vilified, and the so-called accused person will go scot-free, since he has not been identified by anyone in this case.

Case Briefs High Courts

High Court’s jurisdiction specifically excluded under Section 35G of Central Excise Act: Jharkhand HC

Jharkhand High Court said that one of the issues involved relates to determination of valuation of excisable goods and/or rate of duty of excisable goods, amongst other things, for the purpose of assessment.

Case Briefs High Courts

[Arvind Kejriwal Defamation Case] ‘Retweeting’ a defamatory imputation amounts to ‘publication’ for purpose of S 499 IPC: Delhi High Court

Though every ‘retweet’ of defamatory imputation would ordinarily amount to ‘publication’ under Section 499 IPC, it is ultimately for the aggrieved person to decide as to which retweet caused more harm to his reputation.

Case Briefs High Courts

[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC

‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’

Case Briefs High Courts

Delhi High Court dismisses petition seeking investigation into financial irregularities by Indiabulls Housing Finance Limited

“The petitioner is an organisation alleging circular financial transactions, violations of statutes, and private wealth creation from public funds. Regulatory bodies, including the Ministry of Corporate Affairs, RBI, SEBI, and NHB, are implored to take swift action in response to the serious allegations.”

Case Briefs Supreme Court

Know what led the Supreme Court to set aside private tutor’s conviction in 1996 Rape Case

Supreme Court concluded that both the Courts below “completely misread the material available on record”.

Case Briefs High Courts

‘Strike balance between Compliance and Natural Justice’; Calcutta High Court provides procedural guidelines for fraud allegations under RBI Master Directions

Calcutta High Court stated that show-cause notices are analogous to a First Information Report (FIR) and are not required to detail the probative value of the Forensic Audit Report at this stage.

Case Briefs High Courts

Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce

“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”