Case Briefs Archives

not accepting resignation is bonded labour

Refusal to accept resignation and forcing continued service amounts to bonded labour under Article 23: Kerala HC

“When an employee submits resignation, the employer has a duty to accept and relieve, subject only to any contractual conditions, or if it does not follow a stipulated procedure. He can also refuse acceptance when disciplinary proceedings are contemplated against the employee for grave misconduct or causing monetary loss to the establishment.”

relief to Extol Industries against Bank of Baroda

Case Briefs High Courts

IBC is a complete code with inbuilt remedies; MP HC denies relief to personal guarantors of Extol Industries in ₹24.83 Crore Bank of Baroda dispute

The Court noted that despite filing an appeal before the NCLAT, the petitioners filed the present writ petition challenging the demand notice issued by the Bank.

Retired public servant cannot claim sanction

Case Briefs High Courts

Sanction under S. 19 Prevention of Corruption Act not required after retirement of public servant: Bombay High Court

“The offences alleged to have been committed by the applicant under the IPC cannot be regarded as acts done or purported to be done in furtherance of his official duties.”

Case Briefs High Courts

Pre-arrest bail not maintainable after arrest and release on transit bail; Accused can only seek regular bail: Kerala HC

“Under Section 482(1) BNSS, a pre-arrest bail is maintainable only by a person who has reason to believe that he might be arrested for having committed a non bailable offence. The provision safeguards individuals from the possibility of being arrested with malicious intent, and pre-arrest bail must be sought only before an arrest is made.”

Case Briefs High Courts

Madras HC: Procedural irregularity in affidavit filing doesn’t justify abandonment of Modern Kitchens’ trade mark application by Registrar

“Procedural provisions should not be interpreted with rigidity to the extent of defeating the substantive rights vested in the parties.”

bail to accused involved in gambling activities

Case Briefs High Courts

Rajasthan High Court grants bail to accused allegedly involved in gambling activities of Rs. 13 lakhs

The accused had allegedly contravened Sections 318(4), 319(2), 336(3), 338, 340(2), 112(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 66D of the Information Technology Act, and Section 13 of the Rajasthan Public Gambling Ordinance, 1949.

Case Briefs Supreme Court

Supreme Court dismisses Centre’s plea on Retrospective Honorarium to Law Researchers

“The question of law is kept open to be decided in an appropriate case.”

Case Briefs High Courts

Keeping penis on vagina without penetration not rape, but attempt to rape: Chhattisgarh HC reduces sentence of rape convict in 2005 case

“The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”

Case Briefs Supreme Court

Anticipatory bail ordinarily continues without fixed expiry unless special reasons recorded: Supreme Court

“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”

Case Briefs High Courts

‘Parents’ bounden duty to care for child’: Madras HC upholds life sentence of parents who poisoned their child suffering from mental disorder

“If the law permits the accused parents to eliminate the children born with mental retardation, no such child would survive in this world.”

Case Briefs High Courts

Employment or earning of wife alone not a ground to deny maintenance: Allahabad High Court

“The Court is unable to accept the submission that mere employment or earning of the wife is, by itself, a ground to deny maintenance. The object of Section 125 CrPC is not merely to prevent destitution, but to ensure that the wife is able to live with dignity, consistent with the status of the husband.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI imposes Rs 27 Crores penalty on Intel Corp. for abuse of dominance through India-specific warranty policy on boxed microprocessors

CCI noted that warranty is an important factor when buying a boxed microprocessor, as it protects against defects and gives consumers confidence. Intel’s data from 2016—2021 shows failures do occur, so denying warranty in India for products bought abroad harms consumers and creates adverse effects on competition.

Case Briefs High Courts

Section 108 BNS| No abetment of suicide without proximate positive action by accused: Punjab & Haryana HC grants bail to wife in husband’s suicide case

“It is well settled proposition of law that bail is the rule, and jail is an exception and pre-trial incarceration of the wife should not be a replica of post-conviction sentencing.”

Quantity of substance not required in NDPS arrest

Case Briefs High Courts

Informing role and grounds of arrest sufficient in NDPS case with no contraband recovery; quantity need not be conveyed: Kerala HC

“The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement, and the non-compliance with Article 22(1) is a violation of a fundamental right and of the right to personal liberty guaranteed by Article 21 of the Constitution.”

ndps case involving trafficking substances to USA

Case Briefs High Courts

Delhi High Court grants bail to accused in NDPS case involving trafficking of psychotropic substances to USA

“No recovery of any contraband has been effected from the personal or conscious possession of the accused. The recoveries were made from the premises of third-party i.e. courier companies upon the disclosure statements of the co — accused”

Section 4 of Muslim Personal Law (Shariat) Application Act

Case Briefs Supreme Court

Almost 9 Decades on, Muslim Personal Law (Shariat) Application Act still without Rules; Supreme Court seeks answer

The Court impleaded Union of India through Secretary, Department of Legislation and State of Uttar Pradesh through its Chief Secretary as new party respondent.

Case Briefs Foreign Courts

High Court of Lagos State awards USD 25 Million damages against Meta for privacy breach over False Medical Claim in Facebook Post

The applicant averred that he discovered a video on the Meta Inc. platform falsely portraying that he suffered from prostatitis, a claim he denied, asserting that the publication was false, misleading and an intrusion into his private life.

advocate challenged Court's authority alleging Government pressure

Case Briefs High Courts

Allahabad HC calls for initiation of contempt proceedings against advocate who challenged Court’s authority in open Court alleging Government pressure

“By using scandalous and intemperate language and by shouting in open Court in a loud and aggressive manner, applicant’s advocate has prima facie committed acts which tend to lower the dignity of the Court and interfere with the administration of justice.”

Case Briefs Supreme Court

Supreme Court directs NIA to submit report on applicability of UAPA in Beldanga violence; Calcutta High Court to assess report

In the present case, the Government of India directed the NIA to investigate a FIR filed by West Bengal Police under multiple laws. The State argued that, even without investigation or supporting material, the order itself claimed the FIR allegations fall under Section 15(1)(a) of Unlawful Activities (Prevention) Act, 1967.

Abuse of criminal process through successive FIRs

Case Briefs Supreme Court

Successive FIRs to Defeat Bail amount to Abuse of Process : Supreme Court invokes Article 32 to grant Bail

“Article 32 of the Indian Constitution is deemed to be “heart and soul” of the Constitution as it empowers any citizen to directly approach the Supreme Court for the enforcement of fundamental rights.”