Case Briefs Archives

‘Doctor is always expected to treat or aid patient to best of his knowledge and ability’; Orissa HC rejects Doctor’s plea to quash S. 304-A proceedings

“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.

Case Briefs High Courts

‘Google Pay is a mere third-party app provider, no authorization required from RBI’; Delhi HC dismisses PIL to cease Google Pay’s operations

“A third-party app such as Google Pay obtains approval from National Payments Corporation of India (‘NPCI’) for operating on the UPI platform and RBI has issued the Certificate of Authorisation to the NPCI to operate various retail payment systems in India including UPI.”

Case Briefs High Courts

Kerala High Court upholds non-issuance of Legal Heirship Certificate in the absence of adoption documents

Kerala High Court was not satisfied with the petitioner’s claims of being an adopted daughter of the deceased.

Case Briefs District Court

Dwarka Court Restrains Times Now Navbharat from telecasting ‘Operation Paap’ against AAP MLA Naresh Balyan

“Times Now Navbharat or Times Group Media Channel is hereby directed to not broadcast, telecast, print the news, statement, opinion under the heading of operation ‘PAAP’ against the plaintiff.”

Case Briefs High Courts

Delhi High Court| Rainwater harvesting should be seamlessly integrated into the city’s climate resilience planning

The challenge lies in harnessing the potential of rainwater harvesting systems and aligning sewer, drainage, and water storage systems to maximize the efficiency of rainwater utilization, regardless of the nature of the precipitation—be it excessive or intermittent.

Case Briefs Supreme Court

Supreme Court decides taxability of interest income on Bank FDs of Clubs; Illuminates Ratio Decidendi

“A decision in a case takes its flavour from the facts of the case and the question of law involved and decided.”

Case Briefs High Courts

Delhi High Court directs Family Court Judges to judiciously use the legal provisions for expeditious disposal of petitions

“Scrupulous adherence to Order VII Rule 11 of Civil Procedure Code, 1908 can curtail litigation like the present one, which aside from clogging the litigation also keeps the parties embroiled in litigation with a false hope of some relief.”

Case Briefs Supreme Court

Uninformed HC directed return of seized rosewood logs and lorry already sold by State; Supreme Court remits matter back to HC

The Supreme Court regarded the same to be a lapse on part of the state for not apprising the High Court of the true and up-to-date facts at the time of final hearing and remitted the matter back to the High Court for being examined afresh.

Case Briefs High Courts

Madras HC directs State and National CAMPA to release funds to NCTA for relocating 495 families from Mudumalai Tiger Reserve

When funds to the tune of Rs.8154.84 Crore is available with the National CAMPA, which can be utilised , the UOI has the statutory duty, pursuant to the manifestation of the Directive Principles of State Policies, considering the extreme urgency and critical nature of the issue.

Case Briefs High Courts

Delhi High Court sets aside show cause notice not falling within the ambit of Section 28 (9A)(c) of Customs Act

Section 28 provides a window of five years from the relevant date within which proceedings under the said provision may be initiated. The proceedings so initiated are liable to be ended in accordance with the statutory timelines which stand out in sub-section (9).

Case Briefs Supreme Court

POCSO| Role of Support person in child sexual abuse cases crucial; All States must frame guidelines in this regard: Supreme Court

“Justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, their worth and dignity, restored. Without this, justice is an empty phrase, an illusion.”

Case Briefs High Courts

Termination of pregnancy can be made without disclosing minor’s name in report, in case of consensual relations: Madras High Court

Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.

Case Briefs High Courts

Distribution Company can levy Delayed Payment Surcharge under Section 56(2) of Electricity Act, 2003 on payment default: Calcutta High Court

Calcutta High Court held that the liability to pay other charges (DPS) would arise not from the date when the bill was first raised but from the first instance of non-payment of the concerned charges,

Case Briefs High Courts

[Immoral Trafficking] P&H High Court asks Chandigarh authorities to frame guidelines for operation of Spa/Massage Centres

Punjab and Haryana High Court dismissed the instant petition for pre-arrest bail since people were found having sexual intercourse during police raid in Spa Centre being run by the petitioner, a matter which awaited further investigation.

Case Briefs High Courts

Divorce petition u/s 27 of the Special Marriage Act can be heard by Additional District Judge: Andhra Pradesh High Court

“Section 11(2) of Andhra Pradesh Civil Courts Act, 1972 empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.”

Case Briefs Supreme Court

Inside the Supreme Court Verdict: How Ex-RJD MP Prabhunath Singh was Convicted in 1995 Double Murder Case

With Ex-RJD MP Prabhunath Singh’s highhandedness and the police, the public prosecutor and the Judiciary failing in their duty, the Supreme Court called the case an “exceptionally Painful Episode of Criminal Justice System”.

Case Briefs High Courts

[Stray Dog Birth Control] Sterilization and immunization of stray dogs is an important public function: Delhi High Court

The main grievance of the petitioner is non-compliance with rules made under the Prevention of Cruelty to Animal Act, 1960 i.e. The Animal Birth Control (Dog) Rules, 2001 that states taking up regular sterilization and immunization programmes of stray dogs, in order to curtail the growing population of stray dogs.

Case Briefs High Courts

Calcutta High Court prioritises students’ interest; directs reconsideration of teacher’s transfer application

“Once a teacher fulfils the eligibility criteria for transfer, the authority must take steps to fill up the resultant vacancy as per the norms existing within a reasonable time.”

Case Briefs Supreme Court

Supreme Court | Section 3(2) of Andhra Pradesh Prevention of Dangerous Activities Act, 1986 deals with delegation of powers, not detention period

Holding that Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722 does not lay down the correct law, the Supreme Court observed that Section 3(2) has nothing to do with the period of detention.

Case Briefs High Courts

Milk cream is a product different from milk, hence not exempted from tax: Himachal Pradesh High Court

“A person who wishes to buy milk cream would not go to the market and ask for milk. He would only ask for milk cream because it is a separate product, though also a milk product.”