Case Briefs Archives

Criminal Proceedings against victim must be initiated in cases of false FIRs filed under POCSO and SC/ST Act: Allahabad High Court

It is very unfortunate that now a days, in maximum cases the women are using false rape FIRs as a weapon just to grab money from State, which should be stopped.

Case Briefs High Courts

“There was a calculated attempt to undermine administration of criminal justice” Madras HC on transfer of corruption case against Former Transport Minister K Ponmudi

“When a manifest illegality by a criminal court resulting in gross failure of justice comes to the notice of the High Court, it is the bounden duty of the High Court as a Constitutional Court to set right the illegality and to ensure that public confidence in the criminal justice system is maintained.”

Case Briefs High Courts

Calcutta High Court orders examination of rehabilitated horses for potential return to owners

Calcutta High Court gave directions to veterinarians attached to the Government Institution to examine rehabilitated horses and submit compliance report on next date of hearing.

Case Briefs High Courts

Calcutta High Court criticizes Authorities’ unjustifiable procrastination and inaction; orders refund of lapsed deposit with interest

Calcutta High Court observed that “…inaction and ‘shifting the blame game' by one authority to another is highly deprecated by this court.”

Case Briefs High Courts

Calcutta High Court dismisses revision seeking cancellation of bail in assault case

The Calcutta High Court criticized the trial court for solely relying on party’s submissions and not calling for injury report.

Case Briefs High Courts

Delhi High Court takes suo motu cognizance of sexual assault on 3-year-old girl child by school cleaner in South Delhi

“The counsel for the respondent was directed to take all necessary measures to protect the identity and right to privacy of the girl child and that the media acts in compliance with Section 23 of Protection of Children from Sexual Offences Act, 2012.”

Case Briefs High Courts

‘Right to conduct business is subject to reasonable restrictions’; Delhi HC dismisses plea to quash Northern Railways tender notification on new trains

“Engaging in opportunistic litigation undermines the fairness and credibility of the tendering process, creating an environment of unpredictability. Such practices must be strongly discouraged to ensure the integrity of the tendering system of procurement.”

Case Briefs High Courts

Can Micro & Small Enterprises Facilitation Council entertain references to arbitration from ‘Medium Enterprises’ under MSMED Act, 2006? Delhi High Court analyses

The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.

Case Briefs Supreme Court

How Trial for offences under IPC would be affected if Sanction for offences under PC Act is declined? SC Highlights

“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”

Case Briefs High Courts

Delhi High Court directs issuance of guidelines to address non-compliance of Section 195 of CrPC

“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”

Case Briefs High Courts

Madhya Pradesh High Court grants Bail on merit and willingness to serve social cause

The applicant offered to serve the environment or national/social causes, such as planting saplings, to make amends.

Case Briefs High Courts

‘Inculcate a culture of better treatment of animals, even if they are bred to be culled’: Meghalaya HC

The Meghalaya High Court said that the State may consider being a model in the Country regarding the ethical treatment of animals.

Case Briefs High Courts

Calcutta High Court dismisses premature writ petition challenging appointment of WBSCTVESD’s Chief Administrative Officer

The petitioner challenged the appointment of the Chief Administrative Officer based on the absence of a notification number and approval details in the 2021 notification.

Case Briefs High Courts

Madras HC requests CBI to investigate against Pondicherry University professor and others for misappropriation of funds

The Finance Section of Pondichery University had found that from 2008 to 2016 a Professor had misappropriated the funds financed by the Government of India using fake and forged bills causing a wrongful loss to the Government of India to the tune of Rs.2.25 Crores.

Case Briefs High Courts

Calcutta High Court directs examination of safety measures to prevent entry of ragpickers into dumping yards

The Calcutta High Court asked for a detailed report from the appropriate authorities on the steps to be taken to prevent the entry of ragpickers and ensure their safety.

Case Briefs High Courts

Calcutta High Court quashes criminal proceeding under Section 153-A of IPC in Dhulagarh Riots Coverage Case

Calcutta High Court held that a necessary element of “intent to cause disorder or incite violence” under Section 153-A of the IPC, was not established in the case dairy

Case Briefs High Courts

Revocation Petition under Section 64 of Patents Act is not a suit within the meaning of Section 10 of CPC: Delhi High Court

“The Court cannot create a deeming fiction on its own, where the statute does not do so. In the absence of any provision which deems a revocation petition under Section 64 of the Patents Act to be a suit, a Court cannot, even in the interests of expediency, so hold.”

Case Briefs High Courts

Madras HC directs State to restore display board prohibiting Non-Hindus from entering Dhandayuthapani Swamy Temple

Madras High Court said that there was a prevailing practice of exhibiting a Board in all Temples that non-Hindus are not allowed in the Temple premises. It is not known as to why the State had removed the Board. Therefore, it granted interim status quo ante.

Case Briefs High Courts

What is the importance of motive in a case based on circumstantial evidence? J&K and Ladakh HC answers

The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.

Case Briefs High Courts

Distant relatives having no ‘domestic relationship’ roped to cause harassment and build pressure on husband; Bombay High Court invokes S. 482 CrPC to quash DV proceedings

The power of the High Court under Section 482 of the Criminal Procedure Code is of the widest amplitude, which can be exercised to secure ends of justice, unless barred by specific provision or by implication. Such power can be exercised to prevent unwanted harassment caused to a respondent with the application of rigour of the Criminal Procedure Code.