Case Briefs Archives

Who can initiate ACRs/APARs of District Superintendents of Police in Assam? Supreme Court answers

The Court observed that merely for being deployed in Assam, IPS Officers could not be denied benefit under 2007 Rules applicable across the board to their ilk serving across the country.

Case Briefs High Courts

Delhi High Court upholds Legitimacy of GST Anti-Profiteering Mechanism with a Cautionary Note on Potential Arbitrary Exercises of Power

The Court clarified that there may be cases of arbitrary exercise of power under the anti-profiteering mechanism by enlarging the scope of the proceedings beyond the jurisdiction or on account of not considering the genuine basis of variations in other factors such as cost escalations on account of which the reduction stands offset, skewed input credit situations etc.

Case Briefs High Courts

‘Examination of exact testing methodology beyond purview of judicial review’; Calcutta High Court upholds tender process

Calcutta High Court affirmed tender issuing authority’s expertise in interpreting the tender document and underscored the limited scope of judicial review in such matters.

Case Briefs High Courts

Know why Karnataka High Court held a pillion rider liable for contributory negligence towards her accident

The High Court also held that the claimant is entitled to only 80% of the total compensation amount determined and is also not entitled for compensation towards loss of future earnings due to disability.

Case Briefs High Courts

Calcutta High Court directs fresh consideration of Insurance Claim due to ‘Arbitrariness and palpable illegality in repudiation process’

Calcutta High Court upheld the maintainability of the writ petition under Article 226, given the challenge is on the grounds of arbitrariness and illegality in the repudiation process.

Case Briefs High Courts

Accused cannot claim statutory right of default bail on the ground that investigation qua other accused was pending: Supreme Court in DHFL Fraud Case

Supreme Court noted that the right of the investigating officer to pray for further investigation in terms of Section 173 (8) is not taken away only because a chargesheet is filed under Section 173 (2) against the accused.

Case Briefs High Courts

Gag orders should be passed to prevent substantial risk to fair trial; Delhi High Court imposes cost of Rs. 10,000 on a man seeking gag order against newspapers

“One has to carefully see the nature of the publication and find out as to the content of the publication will cause prejudice to the trial of a case or not.”

Case Briefs High Courts

Patna High Court rejects PIL filed by a teacher seeking exemption from attending LLB classes due to his employment in a school

“There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”

Case Briefs High Courts

Delhi HC orders Meta Platforms Inc., Telegram to block mobile numbers, delete groups, created to defraud people under mark ‘SEQUOIA, ‘SEQUOIA CAPITAL’

“The users are being re-directed to website www.leadleacoin.com, an alleged bitcoin and cryptocurrency exchange, which is not linked with plaintiff. It appears to be an illegitimate website, intended to be used as ploy to induce users to invest substantial sums of money, being drawn using “SEQUOIA” mark.”

Case Briefs High Courts

[Anti Conversion Law] Allahabad HC rejects pleas filed by Hindu-Muslim couples for protection of life, due to non-compliance

Allahabad High Court allowed the petitioners to prefer fresh writ petition in case they solemnize marriage after following the due procedure of law

Case Briefs High Courts

Delhi High Court dismisses appeal by wife on failure to establish shared household in Domestic Violence claim

On perusal of the definition of “shared household” and the provisions of Sections 17 and 19 of Domestic Violence Act states that to show “shared household” the parties must show the place where they have lived together in the past.

Case Briefs Supreme Court

[Triple Murder Case] Supreme Court confirms bail granted to woman by Rajasthan HC

The High Court referred to Section 437 of CrPC for grant of bail in a non-bailable offence in three specific circumstances.

Case Briefs High Courts

‘Excommunication from entire community violates right to live with dignity under Article 21’; Calcutta High Court orders costs of Rs. 1,50,000/-

The Calcutta High Court recognised the issue involved in the present matter transcendence beyond a mere legal dispute, as it involved the petitioner’s fundamental rights.

Case Briefs High Courts

Calcutta High Court grants conditional permission for Sit-in-Demonstration in front of Sourav Ganguly Cricket Coaching Camp

Calcutta High Court tasked the respondent authorities with ensuring the safety of participants and passerby on the demonstration dates, preventing untoward incidents or breaches of peace.

Case Briefs Supreme Court

[Societies Registration Act] Defaulting members not entitled to notice for meeting of election, even if their membership was not terminated or ceased: SC

Referring to the ‘doctrine of necessity’, Supreme Court said that had the Working President did not convene the meeting, the elections of the executive body would have been in limbo for an unreasonable amount of time.

Case Briefs High Courts

Income Tax| Calcutta High Court dismisses appeal challenging Re-assessment Order; Says same can be challenged before Appellate authority

Calcutta High Court held that the dismissal of the writ petition does not bar the appellant from pursuing these issues in the appellate process.

Case Briefs High Courts

Calcutta High Court upholds Arbitration Clause; directs parties to resolve dispute arising from distributor agreement through Arbitration

The Calcutta High Court emphasised on the doctrine of “kompetenz-kompetenz”, granting the Arbitral Tribunal the authority to rule on its own jurisdiction, including the existence and validity of the arbitration agreement.

Case Briefs High Courts

Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court

“It is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.”

Case Briefs High Courts

Read why Orissa HC altered brother’s conviction from S. 307 to S. 326 IPC for shooting arrow at brother and causing grievous injury

“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”

Case Briefs High Courts

Bar on grant of anticipatory bail in cases under SC and ST Act not absolute when alleged offences, prima facie, not made out: Orissa HC reiterates

The Orissa High Court granted anticipatory bail to a doctor for his apprehension of arrest in a case related to medical termination of pregnancy, where a premature baby girl was born.