Case Briefs Archives

Delhi High Court | Child born from the sapinda relationship legitimate; Declares marriage between parties null and void

The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.

Case Briefs High Courts

Delhi High Court upholds constitutional validity of Rule 3, 5, 6 and 8 of Animal Birth Control Rules, 2023

The issue under consideration was whether the ABC Rules, 2023 unjustly exclude individual veterinarians from the animal birth control programme, thereby infringing upon their constitutional rights.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjudicating Authority’s order for liquidation valid when Resolution Plan remains unapproved, and no alternative plan in CIRP exists: NCLAT

The Liquidator should endeavor to sell the Corporate Debtor as a going concern in the Liquidation Proceeding, and the appellant may participate by submitting its plan.

Case Briefs High Courts

Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court

“In its zeal to ensure implementation of rule of law, the court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the court’s order been disobeyed.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adequate pleadings and findings required to establish Section 65 IBC compliance; NCLAT revives Section 7 application

NCLT’s order did not contain specific findings regarding whether the entire loan amount had been paid and whether nothing remained due.

Case Briefs High Courts

Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India

“The High Court in exercise jurisdiction under Article 226 can even mould the relief or reliefs to meet the peculiar and complicated requirements of the country.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Closure of CIRP proceedings renders jurisdictional question regarding pre-CIRP dues irrelevant; NCLAT dismisses appeal

NCLAT observed that the issue raised by the appellant, while attractive, no longer had relevance after the closure of the CIRP proceedings.

Case Briefs Supreme Court

“Multiple inconsistencies in evidence”; Supreme Court acquits murder convicts after 10 years in prison

“When the testimonies of the eye-witnesses suffer from fatal flaws, to sustain conviction on the basis of such unreliable evidence would surely amount to miscarriage of justice”

Case Briefs High Courts

Telangana High Court directs Bar Council of India to examine the eligibility of final year law students for AIBE

“Bar Council of India is directed to examine the representation of the petitioner after taking note of the Supreme Court’s observations in the case of Bar Council of India v. Bonnie Foi Law College.”

Case Briefs High Courts

‘A little respect and a lot more dignity in a dead body’s disposal is required’; Patna High Court takes suo motu cognizance of Bihar Police dumping accident victim’s body in canal

“Many believe that bodies, without life, are dispensable repositories of the soul, but when alive, it carries a soul; the part of a whole, which exists in every living being.”

Case Briefs Supreme Court

7-Judge Bench of Supreme Court all set to reconsider whether unstamped arbitration agreements are valid in law

Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.

Case Briefs High Courts

Jharkhand High Court directs State to provide disabled friendly infrastructure in Courts, Judicial or Quasi-Judicial Forums

Jharkhand High Court highlighted the specific provisions under the Rights of Persons with Disabilities Act, 2016 backing all the aforesaid facilities in all public places.

Case Briefs High Courts

Revealing CBI’s enquiry report will impede the investigation process, thus exempted from disclosure under RTI Act, 2005: Delhi High Court

“This Court is of the opinion that the information that is being sought by the petitioner would impede the investigation conducted by the CBI involving a large-scale fraud, including many accused.”

Case Briefs High Courts

‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment

“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.

Case Briefs High Courts

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”

Case Briefs High Courts

‘Staff nurses working on contract basis cannot be denied adequate compensation as is being received by regular staff’: Delhi High Court directs AIIMS to pay wages along with dearness allowance

“Nurses working in hospitals provide a very valuable humanitarian service. It will be a travesty of justice if such people are denied adequate compensation for their services as they were entitled to.”

Case Briefs High Courts

“Life Imprisonment for remainder of natural life a more humane substitute to address recidivism concerns”; Calcutta HC commutes Death Sentence in Rape and Murder case

Calcutta High Court held that the Trial Court erred in awarding death penalty with reference to gravity of the offence alone.

Case Briefs High Courts

College authorities must issue NOC for Transfer Requests; Suitability not their Domain: Calcutta High Court

The petitioner’s request for transfer of service for personal reasons deemed justified on humanitarian grounds under the principles of ‘Natural Justice’.

Case Briefs High Courts

West Bengal post-Panchayat Polls violence | Calcutta High Court directs investigating officer to expedite investigation

Calcutta High Court noted that upon its intervention, the investigating agency had taken appropriate steps in the investigation, including the arrest of some accused and the issuance of warrants against the absconding ones.

Case Briefs High Courts

[Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] Delhi HC suggests Select Committee to replace “shall” with “may” and “bail or bail bond” with “personal bond with or without surety”

“It is observed that in Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, the word “shall” means “it is mandatory for the accused to furnish bail bond with surety”.”