Case Briefs Archives

[Inter-religion Live-in relationship] Parents cannot interfere in right to freedom of choosing a partner: Allahabad High Court

Allahabad High Court said that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police with a copy of this order, who shall provide immediate protection to the petitioners.

Case Briefs High Courts

‘Financial instability’ of a spouse is covered under the ambit of ‘mental cruelty’: Delhi High Court

“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”

Case Briefs High Courts

Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs

The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.

Case Briefs High Courts

Delhi High Court upholds validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010

“The fact that a particular packing machine is operated only for few days during the month does not result in the duty liability being proportionately reduced or enhanced.”

Case Briefs Supreme Court (Constitution/Larger Benches)

Section 6A of DSPE Act unconstitutional from date of insertion: Supreme Court Constitution Bench

Supreme Court also clarified that Section 6A of the DSPE Act is a part of the procedure only, in the form of protection to the senior government servants and does not constitute any new offence or sentence.

Case Briefs High Courts

MV Act Compensation | Jharkhand High Court directs Truck owner to compensate gratuitous passenger

The claimant was a passenger travelling in the truck, but the claimant did not state about any of his loaded goods in the statement or having taken the truck on hire

Case Briefs High Courts

Delhi High Court directs Law and Justice Ministry to periodically monitor the status of uploading the Acts on the India Code portal

The petition was filed challenging the order passed by the Central Information Commission which directed the Union of India to upload all the latest amended bare Acts, examine the functionality of its E-mail ID, develop an appropriate RTI filing mechanism and to pay Rs. 10,000 under Section 19(8)(b) of the RTI Act to the library of National Law School of India University, Bengaluru.

Case Briefs Supreme Court

Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC

“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.

Case Briefs High Courts

‘A woman cannot be forced to marry a person due to prior intimacy’: Punjab and Haryana High Court grants anticipatory bail

Punjab and Haryana High Court pointed out that from the suicide note, it could not be said that the petitioner ever came in contact with the complainant’s son after the day of settlement between the two families.

Case Briefs High Courts

Workman’s absence from work due to ill health, though unauthorized but not willful or by negligence; Telangana High Court sets aside order of removal

“The respondents were directed to count the service of the workman from the date of removal till his death with all attendant benefits payable to the petitioner but without back wages.”

Case Briefs High Courts

[Hapur lathi charge incident] Allahabad HC forms Judicial Committee to look into UP Bar Council’s grievances

Allahabad High Court also directed SIT, already constituted by the State Government to intimate about the action taken on the first information reports lodged by lawyers in respect of the incident, while submitting its interim report.

Case Briefs High Courts

Calcutta High Court prioritises ‘reformation and rehabilitation’ over ‘Death Penalty’ in heinous case of rape and murder of girl child

Calcutta High Court held that the proximity between the last seen circumstance and the recovery of the victim’s body established a livelink between their presence and the rape and murder.

Case Briefs High Courts

[Shifting Onus] Accused responsible to explain wife’s homicidal death in presence of overwhelming evidence against him: Calcutta High Court

Considering the evidence, including the presence of the accused in the room at the time of death and the nature of injuries, the Calcutta High Court held that the Prosecution had proved its case beyond reasonable doubt.

Case Briefs Supreme Court

SC upholds validity of Himachal Pradesh Passengers and Goods Taxation Act, 1955; NHPC liable to pay tax on vehicles carrying employees and family gratis

The Supreme Court affirmed the Himachal Pradesh High Court’s orders, whereby the validity of the Himachal Pradesh Passengers and Goods Taxation Act, 1955 as amended by the Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, 1997 were upheld.

Case Briefs High Courts

Ongoing civil suit with Status Quo renders criminal proceedings an abuse of legal process: Calcutta High Court

Calcutta High Court allowed the present revision petition and quashed the criminal proceedings against the petitioners on ground of abuse of the legal process.

Case Briefs Supreme Court

No absolute or unfettered discretion on the part of Liquidator to cancel auction which is otherwise valid: Supreme Court

Supreme Court said that the mere expectation of the Liquidator that a still higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction.

Case Briefs Supreme Court

Punjab Police Rules, 1934 | Supreme Court discusses SP and SSP’s power to discharge Constable

The Trial Court partly decreed the challenge against Constable’s discharge and held the discharge order illegal on the ground of being passed in violation of principles of natural justice.

Case Briefs High Courts

Rectification petition in a trade mark suit can be filed where the dynamic effect of the registration of impugned mark is felt: Delhi High Court

“With the expansion of the internet, and access to goods and services that may originate from some distant site, a litigant is free to file an infringement, or passing off, suit, before any Court within whose jurisdiction use of the impugned mark takes place.”

Case Briefs High Courts

Large scale exploitation of political power by politicians, especially in land grabbing matters: Madras HC asks landlord to file a memo of calculation of arrears

“Politicians play an influential role in the life of a common man. The words and actions of a politician has an impact on his followers, party men and public at large. It is imperative that this power is not to be misused for illegal and personal gains”

Case Briefs High Courts

Members of Federation of Hotel and Restaurant Associations of India shall use the term ‘staff contribution’ for the amount charged as ‘service charge’: Delhi High Court

“The menu cards shall specify in bold that after the payment of ‘Staff Contribution’, no further tip is necessary to be paid to the establishment, servers or restaurant staff.”