Case Briefs Archives

Beyond individual victims: Delhi High Court refuses to set aside order convicting man for offence u/s 6 of POCSO; says such crimes “cause ripples through society”

“In discussions surrounding the empowerment of women, education is rightly recognized as a fundamental pillar. However, when such incidents occur that force a girl to abandon her studies, the very notion of empowerment is compromised and society at large bears the consequences.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Speed post sender is a consumer under Consumer Protection Act; Postal Dept. cannot escape liability by virtue of S 6 of Indian Post Office Act, 1898, SCDRC reiterates

State Commission relying on NCDRC precedents, upheld District Consumer Commission’s decision to hold the Postal Department liable for delayed delivery of a speed post by 19 days which resulted the complainant’s son to miss his chance to get admission in JNU.

Case Briefs Supreme Court

“18 months D.El.Ed. Diploma by NIOS in Elementary Education not equal to 2 years regular Diploma”: Supreme Court

“The Uttarakhand High Court erred in its findings that 18 months Diploma in Elementary Education conducted through ODL mode in elementary education by the NIOS is a valid Diploma”.

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 304 IPC with modified sentencing in light of post-remission release

Calcutta High Court found no loopholes in the trial court’s analysis of the evidence, concluding that the appellant’s guilt under Section 304 IPC was proved beyond a reasonable doubt.

Case Briefs Supreme Court

Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide

“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”

Case Briefs High Courts

Calcutta High Court quashes Disciplinary proceeding against Visva-Bharati University’s Professor over alleged failure to address student agitation

Calcutta High Court observed that there exists lack of correlation between evidence and charges, failure to address the petitioner’s defense, and overlooking crucial factors.

Case Briefs Supreme Court

Supreme Court grants bail to Disabled Person held in custody for 5+ years as undertrial prisoner in murder case

Supreme Court directed the petitioner to cooperate in the early conclusion of the trial and not to interact with any of the witnesses in the instant case.

Case Briefs High Courts

Calcutta High Court directs Police to allow public meeting to raise issues of public importance, ensuring safety and security

The Calcutta High Court emphasised the need for a level playing field for all organizations, including political entities, in exercising the right to assemble and hold a public meeting.

Case Briefs High Courts

Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC

The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.

Case Briefs High Courts

Delhi High Court grants injunction to Emerald Enterprises for its mark ‘EMERALD’ in relation to valves

“The name, the goods and the class of customers is identical. The Plaintiff was a long prior user of the mark and name ’Emerald’ for valves and the Defendant’s adoption is recent.”

Case Briefs High Courts

Madras HC directs IRDAI to place AYUSH treatment on a par with allopathic treatment; Asks it to direct insurance companies to reimburse insurance amount on equal scales

“Traditional treatment must also be encouraged, and it must get the same weightage as is given to allopathic treatment”

Case Briefs High Courts

Calcutta High Court upholds widowed daughter’s right to family pension in Non-Government colleges

“The family pension scheme is socio-economic requirement of the Constitution of India which is a welfare State one and the object of introduction of the scheme of family pension is to assist the dependent of the deceased employee/pensioner or his/her family.”

Case Briefs Supreme Court

Explained| Supreme Court verdict upholding constitutional validity of provisions relating to Personal Guarantors in IBC

“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”

Case Briefs High Courts

Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC

The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.

Case Briefs High Courts

‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter

“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”

Case Briefs Supreme Court

Supreme Court | No anticipatory bail for IPS Officer accused of impersonation of Chief Justice of Patna HC on WhatsApp

“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”

Case Briefs High Courts

Delhi High Court refuses injunction in favour of NILKAMAL for its word mark; Grants injunction in favour for its device mark

The marks have to be compared as a whole mark, thus compared, there is no phonetic similarity between NILKAMAL and NILKRANTI.

Case Briefs High Courts

Calcutta High Court Sets aside conviction for Rape due to lack of corroborative evidence and witness discrepancies

While emphasising on the reliability of the prosecutrix’s testimony, the Calcutta High Court cautioned against its universal application and highlighted the need for evaluation based on the case’s circumstances.

Case Briefs High Courts

Meghalaya HC grants bail to person accused of sexually assaulting 13-year-old minor

The Court considered the grant of bail on account of all the relevant factors, gravity and nature of the offence, the extent of punishment, if enlarged on bail, may abscond or tamper with the evidence and witnesses, etc.

Case Briefs High Courts

Delhi High Court discharges contemnors guilty of interfering in the function of Local Commissioner on unconditional apology

The contemnors apologised and stated that the entire incident is quite unfortunate and though facts have been misrepresented before the instant Court, however, they do not intend to disobey the orders of the Court and that the respondents have great respect for the Court.