Case Briefs Archives

WhatsApp messages depict normal relationship between daughter-in-law and in-laws; Calcutta High Court quashes Section 498A IPC complaint

Calcutta High Court cited various cases where the Supreme Court has expressed concern over the misuse of Section 498A of the IPC in matrimonial disputes.

Case Briefs High Courts

‘Citizens of India shall not be deprived of statutory benefits merely on ground of not having Aadhar Card’; Telangana High Court reiterates

The Court directed the State to reconsider the petitioner’s request for issuance of Pattadar Pass Book-cum-Title Deed for agriculture lands without insisting to submit her Aadhar Card or its details.

Case Briefs High Courts

Calcutta High Court rejects quashing of criminal proceeding; asserts inadmissibility of “Fishing and roving inquiry” at revisional stage

Calcutta High Court held that the Court has no power to determine the correctness, validity and probative value of the evidence collected by the Investigation Officer during investigation.

Case Briefs High Courts

Granting relief for delivery of possession separately is not required, it is inherent in the decree of specific performance of contract: Andhra Pradesh High Court

“In case where the language of the decree is capable of two interpretations, the interpretation which favours the advancement of the decree by getting its execution is to be preferred.”

Case Briefs Supreme Court

Supreme Court upholds NCDRC order denying compensation to complainant who failed to establish Engerix-B vaccine as cause for his ‘myositis’

Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.

Case Briefs High Courts

Delhi High Court upholds Centre decision to bring all medical devices under the ambit of ‘drug’ under Drugs and Cosmetics Act, 1940

The larger public interest, which concerns patient safety, requires that all medical devices be brought within a regulatory regime. One cannot quibble with the intent, purpose and object with which the impugned notifications have been issued.

Case Briefs High Courts

Acid attack cases sow the seeds of fear and insecurity in society; Court’s role in granting or denying bail significant: Delhi High Court

“A heinous crime such as acid attack on a woman in broad daylight, in a thickly populated area can evoke strong emotions in the society in addition to inflicting grave psychological trauma to the victim.”

Case Briefs High Courts

Karnataka HC permits legal representation to an hexagenerian facing departmental enquiry despite company Rules stating otherwise

The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Resulting Company cannot be held liable for violation of LODR Regulations that occurred prior to its incorporation and listing: SEBI

In this matter SEBI had issued show cause notice to Piramal Pharma Ltd (Resulting Company) for alleged violations done prior to its incorporation and listing by Piramal Enterprises Ltd (Demerged Undertaking).

legal recognition same sex relationships

Case Briefs Foreign Courts

Govt’s failure to realise its positive obligation to set-up alternate framework to recognise same-sex relationship violates Hong Kong Bill of Rights

The Court with a majority of 3:2 issued a declaration acknowledging the need of same-sex couples for access to an alternative legal framework in order to meet basic social requirements

Case Briefs High Courts

Inside Gujarat High Court Verdict on why parents forcing children below age of 3 years to go to pre-school is an illegal act

“National Education Policy, 2020 regards the age of below six years as the age of ‘early childhood care and education’ and there are studies showing that 85 percent of a child’s cumulative brain development occurs prior to the age of six”.

Case Briefs High Courts

Acrimonious relationship between parents, no ground to deny an attempt at re-establishing bond between mother and child: Delhi High Court

“The Family Court is not to act as an adjudicatory forum alone but is also to act as a facilitator to secure settlement of disputes. The Family Court ought to adopt a different approach from that adopted in ordinary civil proceedings.”

Case Briefs Supreme Court

Supreme Court: Unconditional apology not enough to evade punishment for contempt of court if conduct damages dignity of institution

The Supreme Court strongly criticised litigants who use ‘apology’ as a ‘potent weapon’ to evade punishment and expressed concern over the trend of courts showing excessive leniency towards those held in contempt.

Case Briefs High Courts

Madras High Court asks Chief Minister MK Stalin to decide about continuance of Senthil Balaji as a Minister

Madras High Court remarked that Senthil Balaji’s continuation in the cabinet without portfolio will serve no purpose and do not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration.

Case Briefs High Courts

POCSO| Testimony of child witness can be relied upon in sexual assault cases if trustworthy and unblemished: Calcutta High Court

“In cases involving child witnesses, the Court should consider the child’s age, competency, and demeanor and may uphold a conviction even in the absence of other corroborating witnesses if the victim’s testimony is deemed reliable.”

Case Briefs Supreme Court

‘Strict adherence to Rule 142(2) of BSF Rules important before accepting plea of guilty’: Supreme Court explains in detail

Supreme Court specifically highlighted the provision which cautioned that whatever the accused stated was to be taken down in writing and may be used in evidence.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Monster Energy Co. for its ‘MONSTER’ mark

“The mere insertion of figure above the word in the defendant’s mark does not mitigate the fact of infringement or of the defendant consciously seeking to pass off its products as those of the plaintiff.”

Case Briefs Supreme Court

Supreme Court sets aside Patna HC order giving death penalty to a man for raping and murdering a 10-year-old girl

“Truth is the soul of justice. The sole idea of the criminal justice system is to see that justice is done. Justice will be said to be done when no innocent person is punished, and the guilty person is not allowed to go scot free.”

Case Briefs High Courts

Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree

“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”

Case Briefs High Courts

‘Courts cannot be used as marriage facilitators’; Delhi High Court denies anticipatory bail to man accused of raping woman on pretext of marriage

“The Courts cannot be used as a forum for pressurizing the accused to get married to the victim or be denied bail, or by the accused for obtaining bail by asking the complainant to appear before the Court and state that he was ready to get married to her.”