Case Briefs Archives

POCSO| Delhi High Court dismisses petition to recall 7-year-old victim for cross examination; says repeated opportunities do not necessarily indicate fair trial

“While balancing the right of the accused to a fair trial and upholding the intent of the legislation, the courts are duty bound to remain sensitive to the plight of the seven-year-old sexual assault victim.”

Case Briefs High Courts

Punjab and Haryana High Court allows Father to live with Daughter, says ‘Father-daughter relationship much older than one with daughter-in-law’

Punjab and Haryana High Court allowed the petitioner to meet her father-in-law once a week for 1 hour.

Case Briefs High Courts

“Unproven Extra-Marital Affair allegations do not constitute cruelty”; Delhi High Court sets aside Divorce Order

In the present case, though the wife had made allegation of extra-marital affair against her husband in her written statement, nonetheless, when the husband entered-into the witness box and tendered his affidavit in evidence, he did not whisper even a word in this regard.

Case Briefs High Courts

Calcutta High Court dismisses PIL alleging misappropriation of funds by Kharagpur Panchayat Samity’s Executive Officer

Calcutta High Court observed that at this stage, the Court we cannot examine the disputed questions and directed the District Magistrate to provide an appropriate reply to the petitioner.

Case Briefs High Courts

Delhi HC directs Goldmines Telefilms to not upload audio-visual songs from 14 movies in copyright infringement case by Super Cassettes Industries

“The suit is filed in respect of exploitation of audio-visual songs from the movies, namely, Diljale; Main Aisa Hi Hoon; Vaastav; Bees Saal Baad; Ek Chaddar Maili Si; Guru; Hisaab Khoon Ka; Jungbaaz; Pati Patni Aur Tawaif; Pyaar Ka Mandir; Tahakla; Muddat; Indaniyat ke dushman; and Oonche Log.”

Case Briefs High Courts

Explained | Madras High Court verdict on payment of stipend to PG students by medical colleges

“Payment of a stipend is a statutory liability of the College; thus, it is not open for the College to deny the payment of the same to the students.”

Case Briefs High Courts

Delhi High Court issues directions to avoid medical negligence during MTP procedure in sexual assault survivors; Refuses bail

“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level.”

Case Briefs High Courts

‘Quashing of charge memo cannot be in routine manner’; Andhra Pradesh HC directs State to take appropriate steps to serve charge memo to Former Forest Range Officer

“It is the basic duty and responsibility of the respondent to protect the environment of the forest by complying with the G.O.Ms.No.91, Environment Forests Science and Technology (FOR.III) Department and by submitting the complete report as it is on his recommendation that the shifting is permitted.”

Case Briefs High Courts

Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court

“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”

Case Briefs High Courts

Calcutta High Court dismisses PIL in alleged misuse of National Flag in election campaign

Calcutta High Court dismissed the PIL as after noting that the FIR is already registered on the alleged offence and the investigation was in progress.

Case Briefs High Courts

Legal profession not a commercial activity, chambers should not be charged commercial rate of electricity: Allahabad High Court

Allahabad High Court directed UPPCL to charge for the consumption of electricity by the lawyers chambers in the court premises as per the rate schedule LMV-I as approved by the U.P. Electricity Regulatory Commission.

Case Briefs High Courts

“Issue an order to regulate sex-selective surgeries on infants and children within 3 months”; Kerala High Court to government

In the meantime, Kerala High Court restricted sex selective surgery to be permitted specifically on the opinion of a State Level Multidisciplinary Committee depicting the same to be essential for saving the child’s/infant’s life.

Case Briefs High Courts

Insulting husband over dark complexion and levelling false allegations to cover up the same, constitutes cruelty: Karnataka HC

In this case, the husband had petitioned for dissolution of his marriage on grounds of cruelty, but the Family Court dismissed his petition. However, the High Court upon close scrutiny of evidence on record, set aside the Family Court’s decision.

Case Briefs Supreme Court

‘Prosecution utterly failed to prove incriminating circumstances beyond reasonable doubt’; SC acquits three murder convicts

The Supreme Court said that the evidence regarding the last seen theory was totally unreliable and the evidence regarding the Call Detail Records also did not inspire any confidence.

Case Briefs High Courts

Mental Cruelty is subjective and varies from person to person; Calcutta High Court acquits accused in alleged domestic cruelty case

Calcutta High Court held the trial court’s findings were not aligned with the legal requirements for cruelty under Section 498A IPC.

Case Briefs High Courts

[Right to Health] Delhi High Court issues directions to ensure mental and emotional health of prisoners

It is time to ensure that a convict who leaves the correction home/prison is restored to the society as a law-abiding citizen who has repented his past conduct. This can be achieved only if the mental health issues of the convicts in prisons are recognized and attended to, rejecting the notion that this view is too idealistic.

Case Briefs Supreme Court

SC upholds Kerala High Court Order: Pathological Laboratories covered under ESI Act from 2007; not 2002

It was notified on 06-09-2007, that provisions of Employees’ State Insurance Act, 1948 would extend to Medical institutions, wherein 20 or more persons are or were employed.

Case Briefs High Courts

Rape and murder of 4-year-old girl child: Madhya Pradesh High Court commutes death sentence to life sentence without remission

The Madhya Pradesh High Court observed that the test which is to be applied for death sentence are – crime test, i.e., aggravating circumstances and mitigating circumstances, criminal test and R-R test.

Case Briefs Supreme Court

Decoding Supreme Court verdict on V Senthil Balaji’s plea in Cash for Job Scam case

Supreme Court held that the words “such custody” occurring in Section 167(2) of the CrPC, 1973 would include not only police custody but also that of other investigating agencies.

Case Briefs High Courts

Compliance of Section 19 of MSMED Act is a pre-requisite for seeking Stay on Arbitral Award: Calcutta High Court

The Calcutta High Court held that failure to comply with procedural requirements under Section 19 of the MSMED Act renders application for stay of Arbitral Award as not maintainable.