Case Briefs Archives

Section 357A of CrPC and Rajasthan Victim Compensation Scheme, 2011 are applicable to incidents occurred prior to their enactment: Rajasthan High Court

“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”

Case Briefs High Courts

[Hindu Marriage and Divorce (Orissa High Court) Rules, 1956] Joinder of ‘Paramour’ as necessary party not mandatory in all divorce cases: Orissa HC

Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956 provides for Necessary parties- (a) In every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has committed adultery with any person, the petitioner shall make such person a co-respondent.

Case Briefs High Courts

Allegations of extra marital relationship constitutes grave assault on reputation of spouse, thus amounts to worst form of cruelty: Himachal Pradesh HC upholds divorce

“Needless to say, matrimonial matters are matters of delicate human and emotional relationship and to maintain such relationship for a long, there is requirement of mutual trust, regard, respect, love and affection.”

Case Briefs High Courts

No income arises on investment in shares in an Indian subsidiary as it is a capital account transaction: Delhi High Court reiterates

“Angelantoni Test Technologies submitted that transactions are capital account transactions which are incapable of generating any income and orders and notices are passed merely to verify transactions without any tangible material in possession of Commissioner of Income tax to indicate escapement of income.”

Case Briefs High Courts

Bombay High Court denies anticipatory bail to advocate for cheating her client by forging bail order

The offence in the present case does not only cause harm to the victim in this case, but it is also fundamentally detrimental to the entire legal system.

Case Briefs High Courts

Delhi High Court grants ad interim injunction in favour of Mannat Group of Hotels for its mark ‘MANNAT’

The MANNAT DHABA and MANNAT logo has been registered by the Mannat Group of Hotels Private Limited for their Dhabas and eateries, located at Murthal on the Delhi-Chandigarh Highway.

Case Briefs Supreme Court

SC issues notice in SLP against Calcutta HC judgment on Amendment of plaint in pre-2002 suits

The petitioners also prayed for grant of ad interim ex parte stay of the operation of the Impugned judgment.

Case Briefs High Courts

Strengthen e-filing, streamline weeding out and digitization of disposed of record: Delhi High Court

“There is a need to adhere to and insist on strict e-filing of pleadings, documents, and applications etc. in the jurisdictions which have been already notified under the e-filing rules. This may be achieved by gradually discouraging the acceptance of physical filing in the notified jurisdictions.”

Case Briefs High Courts

Calcutta High Court allows revision application for addition of parties; remits for reconsideration pending special officer’s report

Calcutta High Court stated that court has discretion under Order 1 Rule 10(2) of the CPC to add necessary or proper parties for effective adjudication.

Case Briefs Supreme Court

[Bilkis Bano Gang rape case] Supreme Court indicates factors to be considered while entertaining application for remission under CrPC

The Gujarat Government had released the 11 convicts on 15-08-2023 as the convicts have completed 14 years sentence in prison and due to their good behavior. Aggrieved by this, Bilkis Bano filed a petition against the premature release of the convicts.

District Consumer Disputes Redressal Commission

Tribunals/Commissions/Regulatory Bodies

Not providing free drinking water facility thereby compelling patrons to buy packaged mineral water; DCDRC finds Foresta Café liable for unfair trade practices

The Commission stated that restaurants and cafes have a moral and legal obligation to provide free drinking water to their patrons, and failure to do so constitutes deficiency in services.

Case Briefs High Courts

[Habeas Corpus] Detainee illegally confined by parents over her relationship with a transgender man to be taken to the place of her choice: Rajasthan HC

“The petitioner stated that is manifestly clear that the detainee’s life and well-being is in imminent danger and the respondents has failed to protect the detainee’s right under Article 21 of the Constitution, including her right to personal liberty.”

Case Briefs Supreme Court

Inside Supreme Court’s verdict on premature release of 11 convicts in Bilkis Bano gang rape case

“A woman deserves respect howsoever high or low she may be otherwise considered in society or to whatever faith she may follow or any creed she may belong to”

Case Briefs High Courts

Can removal of Uterus due to ovarian cancer amount to cruelty to husband for grant of divorce? Madras HC answers

Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.

Case Briefs High Courts

Special Courts not barred to try offences pending against former MPs/MLAs: Delhi High Court

“Petitioner is a former MLA and the argument that he has ceased to be an MLA at time of commission of alleged offence, cannot be a bar to his case being tried by the Special Court, constituted to deal with criminal cases pending against MPs/MLAs.”

Case Briefs High Courts

‘Nothing concrete has been done for last twelve years’; Delhi HC directs Chief Secretary to provide road map regarding construction of Sales Tax Bar Association’s chamber

“This Court has expressed its anguish on more than one occasion regarding the complete inaction on the part of the Government to implement the Orders of this Court.”

Case Briefs Supreme Court

‘Set-off inapplicable to CIRP under IBC’; Supreme Court verdict on Right to claim Set-off in Corporate Insolvency Resolution Process, explained

“If a Resolution Professional proceeds in terms of Section 25 of the IBC and secures the assets from the creditors, the creditors would not be entitled to claim set-off during the course of the Corporate Insolvency Resolution Process.”

Case Briefs High Courts

Proposed accused has no right to hearing at the stage of inquiry under Section 340(1) of CrPC: Calcutta High Court

Calcutta High Court emphasised that the purpose of the preliminary inquiry is not to determine guilt or innocence but to decide whether an inquiry is expedient in the interest of justice.

Case Briefs High Courts

Calcutta High Court affirms convictions in night-time dacoity involving robbery, murder and rape

“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”

Case Briefs High Courts

Para medical practitioner is not entitled to registration of private clinic under Karnataka Private Medical Establishment Act 2007: Karnataka HC

The High Court earnestly emphasised that “Time has come to pull the curtain down on such people who are practicing medicine without qualification and hoodwinking poor people in rural areas”.