Case Briefs Archives

Courts must look into attending circumstances with due care in cases based on ulterior motive for wreaking personal vengeance: Supreme Court

Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.

Case Briefs High Courts

Misuse of Section 498A IPC has unleashed a new “legal Terrorism”: Calcutta High Court quashes criminal proceedings

While pointing out the misuse of Section 498A of the IPC, the Calcutta High Court quashed the criminal proceedings on the grounds of insufficient evidence and misuse of the law.

Case Briefs High Courts

Orissa HC quashes criminal proceedings against issueless woman accused of buying female infant

“Continuance of the criminal proceedings against the accused without any acceptable evidence would be a travesty of justice and an abuse of the process of the Court”.

Case Briefs High Courts

‘Certified copy’ of the original arbitration agreement suffice if duly stamped, declaration made and uncontroverted for the purpose of S. 11 Arbitration Act

The case relates as to how the statutory mandate under Section 11(13) of Arbitration and Conciliation Act, 1996 which aims at expeditious disposal of petitions under Section 11 of the Act, is harmonized with the obligation imposed vide the judgment N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, (2023) 7 SCC 1, to act in tune with the statutory dictate of the Indian Stamp Act, 1899.

Case Briefs High Courts

Delhi High Court| Importation of gold is a ‘prohibited item’ under Customs Act; Redemption/release subject to discretion of Adjudicating Officer

Importation of gold is a prohibited item within the meaning of Section 2(33) of Customs Act, and that redemption in case of importation of gold that is brought into India illegally in the form of ‘smuggling' does not entitle the owner or importer for automatic release/redemption of such item.

Case Briefs Supreme Court

Explained | SC sets aside Orissa HC’s order for extending superannuation age of CCRAS Research Assistant equivalent to AYUSH doctors

“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.

Case Briefs High Courts

Bombay High Court sets aside order for custody of a minor child back to biological parents; directs Trial Court to decide validity of adoption

The biological parents first decided to give their child in adoption due to the financial crisis during COVID-19 pandemic but decided to take their son back after discussion with their respective families.

Case Briefs Supreme Court

‘Court cannot modify arbitral award under Section 34 of Arbitration Act’: Supreme Court reiterates

The Supreme Court explained that the older Act enabled the Court to modify an award, a power which was consciously omitted by Parliament while enacting the 1996 Act, hinting towards exclusion of power to modify an award.

Case Briefs High Courts

Delhi HC directs ‘Organiser’ and ‘The Commune’ to remove offending article alleging sexual exploitation of nuns, Hindu women by a principal

“The fundamental right to freedom of speech has to be counterbalanced with the right of reputation of an individual. Good reputation is an element of personal security and is protected by the Constitution equally with the right to enjoyment of life, liberty and property and is a necessary element in regard to Right to Life.”

Case Briefs High Courts

Read why Allahabad HC dismissed Pawan Khera’s plea to quash criminal proceedings against him for ‘Gautam Das’ remark against PM Modi

Allahabad High Court reiterated that at the stage of issuing the summons to the accused based on the police report, the Magistrate is not required to record any reason.

Case Briefs High Courts

Orissa High Court orders CBI Probe into alleged manipulated JEE Score Card

“If the documents/ score card given by the candidate, downloaded from the website of the NTA, were genuine, then the candidate should get admission into his choicest institution of the country, like IIT or NIT. But, if the documents are found to be not genuine, then CBI should ascertain how the same was obtained by the candidate, so that such mistake cannot be made by the authorities in future.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rejects Liquidator’s petition to retrieve Bank Guarantees/Fixed Deposit Receipts under IBC

NCLAT held that during the moratorium period under Section 14 of IBC, Customs Authorities are authorized to utilize Bank Guarantees and Fixed Deposits furnished against Zero Import Duty.

Case Briefs High Courts

Second wife though not legally wedded in a strict sense, is entitled for service benefits of deceased husband: Andhra Pradesh High Court

“Rule 50 of the Andhra Pradesh Revised Pension Rules, 1980 is with intend to give relief to the woman becoming wife. Under such circumstances, even the wife from the second marriage was made entitled for family pension.”

Case Briefs High Courts

Read why Allahabad High Court sought entire Revenue records of Banke Bihari Ji Temple land in Mathura

It is not clear that once the name of Sri Bihari Ji Seva Trust has been recorded in the records as bhumidhar with transferable rights, under which circumstances, the same has been converted from time to time and several other entries have taken place in the revenue records.

Case Briefs High Courts

Calcutta High Court refuses to quash proceeding against teacher for involvement in Communal Disturbance case

Considering the nature of the alleged offences and the available evidence, the Calcutta High Court found a prima facie case against the petitioner to proceed to trial.

Case Briefs High Courts

Can a husband suffering from diabetes avoid paying maintenance to wife? Karnataka High Court answers

The Court rejected husband's challenge to maintenance order stating that ailment of diabetes is manageable due to modern medical advancements.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Go Airlines] NCLAT allows inspection of leased Aircraft Engines

NCLAT held that the impugned order passed by the Adjudicating Authority is at a prima facie stage and should not be treated as a final expression of opinion.

Case Briefs High Courts

No bar in law for a secured creditor to directly proceed u/s 14 of SARFAESI Act after withdrawing measures taken u/s 13(4): Delhi High Court

“The scope of writ jurisdiction cannot be allowed to trounce the statutory obligation, on the stratagem of efficacious alternate remedy.”

Case Briefs High Courts

No illegal dumping of electrical, plastic and medical garbage in Delhi; Delhi High Court takes suo motu cognizance

Delhi High Court directed the MCD to ensure strict compliance with the statutory provisions under the Environmental laws and conclude action initiated by them against the violating units, units that are functional in non-industrial areas and are violating the norms laid down by Delhi Pollution Control Committee within a period of 4 months.

Case Briefs High Courts

Explained | Madras HC verdict on PG medical admissions concerning grant of incentive marks to in-service candidates in open category

The very purpose and object of giving weightage to in service candidates who have served in rural, remote or hilly areas, is to overcome the disadvantage they suffered because of working in such difficult conditions and to enable them to compete with the candidates who have directly, after their MBBS course, appeared for the NEET Postgraduate examination