Case Briefs

Section 35 BNSS notices
Case BriefsSupreme Court

“Section 35 of the BNSS, 2023 provides for arrest of persons by the Investigating Agency, ensuring that the person concerned appears before the Investigating Agency and cooperates with the investigation. The provision delineates the prerequisites that must be fulfilled before a person can be arrested without a warrant, keeping in mind the laudable objective of safeguarding the liberty of an individual.”

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bail to alleged ISIS member
Case BriefsHigh Courts

The Trial Court has categorically observed that the investigation progressed substantially during the extension of the accused persons’ detention and the investigation had not been stagnant.

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Madras HC allows forensic examination
Case BriefsHigh Courts

“The accused is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right.”

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misbranding controlled substance NDPS
Case BriefsHigh Courts

The Court observed that the accused persons are not just normal employees but participated in misbranding of the controlled substance as normal drug. They have also actively assisted their employer in transporting huge quantity of controlled substance under concealed identity.

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suspension order against St. Mary's school teachers
Case BriefsHigh Courts

“The action or inaction of the respondent in not following through with the disciplinary proceedings after suspension orders were passed has rendered the said proceedings as infructuous”

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Caste bias by Madras HC Judge
Case BriefsHigh Courts

“Judicial independence is a basic feature of the Constitution. We Judges have taken oath to discharge our judicial duties not only without favour but also without fear.”

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Chirag Sen and Lakshya Sen
Case BriefsSupreme Court

In 2022, a complaint was filed against Chirag and Lakshya alleging that the players had misrepresented their date of birth to qualify for tournaments in the Under-13 and Under-15 categories and thereby gained wrongful selection and monetary rewards.

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FIR against teacher for mocking Operation Sindoor
Case BriefsHigh Courts

The Court reiterated that social media is misused by certain people in the garb of “Freedom of Speech and Expression” by posting such material that creates hatred and disharmony among the people, such actions are detrimental to national unity and public order.

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Sambhal Violence
Case BriefsHigh Courts

The State could not place any material on record based on which the Court could infer that the Chairman prima-facie appeared to have committed the aforesaid offences.

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Saying 'I Love You' alone not sexual assault
Case BriefsHigh Courts

“It was his solitary act of showing his “expression of love”, and a close scrutiny of her statements vis-a-vis the statements of her friends, would reveal that it was not made with an intention of his sexual desire.”

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order denying furlough to prisoner
Case BriefsHigh Courts

The Court opined that Deputy Inspector General Prison committed gross error by relying on Notification dated 2-12-2024 and by not applying his mind while passing the order.

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Fake Arya Samaj Societies
Case BriefsHigh Courts

The Court noted that several marriages had been conducted by such societies, even of minor girls, in violation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

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wife suicide over dark complexion
Case BriefsHigh Courts

“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”

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husband entitled to loss of dependency despite separation
Case BriefsHigh Courts

“Residing together cannot be added as additional condition to be established by claimant to be entitled for compensation. Burden to establish separation would be on Insurer.”

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inciting J&K secession unlawful activity
Case BriefsHigh Courts

“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”

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deception in cheating
Case BriefsHigh Courts

Even if the entire allegations made against the petitioner are considered to be true in their entirety, the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law.

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transfer alleging bias of Judge
Case BriefsHigh Courts

“Scandalizing a Judicial Officer of District Court is bound to shake confidence of the litigating public in the system and has to be tackled strictly.”

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quashes FIR in affray case
Case BriefsHigh Courts

It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.

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customs commissioner cannot re-determine FOB value
Case BriefsTribunals/Commissions/Regulatory Bodies

“The customs officer can reject the transaction value as the assessable value and re-determine it as per the Valuation Rules for the purpose of imposing duty, but this would not change the transaction value for the purpose of receiving foreign remittance.”

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intra-court appeal not available to make new case
Case BriefsHigh Courts

“It is settled position of law that if there is no pleading having been taken before the writ court, then it is not available for the party concerned to come out totally with the new case for the purpose of scrutinising the order passed by the Single Judge on the basis of the document which was never been placed before the Single Judge for its consideration.”

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