Case Briefs Archives

‘Courts cannot lose sight of serious accusations against an accused while granting bail’; SC sets aside cryptic and casual bail order

The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.

Case Briefs High Courts

WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee’s plea against CBI-ED probe to the Chief Justice after ED’s objection

The ED raised preliminary objection for this Court to hear out the matter as per the Supreme Court’s order dated 28-04-2023 and the Assignment order dated 01-05-2023.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In project wise insolvency, IRP/RP cannot seek unpaid Fees/Costs from members of CoCs of another project of Corporate Debtor: NCLAT

The NCLAT held that the appellant has no Locus Standi to make claim for any unpaid Fees/Costs from the members of the CoCs, as he is neither the RP in the project nor is connected with another project.

Case Briefs High Courts

PayPal is a ‘payment system operator’ under PMLA; Delhi High Court quashes monetary penalty imposed by Financial Intelligence Unit, India

All the elements of the transaction comprised or connected with a payment being effected between two parties would appear to fall within the scope of the expression ‘payment system’ as defined under Section 2(1)(rb) of the PMLA.

Case Briefs Supreme Court

“Voter’s right to know election candidate’s full background is an added dimension to rich tapestry of Constitutional jurisprudence”; SC dismisses BB Patil’s appeal

The alleged non-compliance with statutory and Election Commission mandated regulations, and their legal effect, cannot be examined through a summary proceeding under Order VII Rule 11, CPC, or even under Order XII Rule 6, CPC.

Case Briefs High Courts

Police SI Recruitment Exam| “No leniency with bail petitions of cyber-thugs”: Punjab and Haryana High Court

“If this scam had not come to light, so many corrupt and unethical people would have got appointed to the sensitive post of Sub Inspector by giving money.”

Case Briefs Supreme Court

SC warns States/UTs for failure to submit response on National Policy on Menstrual Hygiene

The Court directed the States and Union Territories to submit their responses positively by 31-08-2023.

Case Briefs High Courts

Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC

Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.

Case Briefs High Courts

WhatsApp status should be communicated responsibly; Bombay High Court rejects application for quashing of FIR under SC/ST Act

A person should behave with a sense of responsibility while communicating something to others and cannot justify the same through limited circulation.

Case Briefs High Courts

Madras High Court refuses to grant police protection for conducting Theemidhi Urtchava Celebration at Arulmigu Sri Rudhra Temple

The purpose of a temple is to enable the devotees to worship God for peace and happiness. However, unfortunately, temple festivals are perpetuating violence, and it is only becoming a center stage for groups to show who is powerful in the particular area.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Calvin Klein for marks ‘CK’, ‘Calvin Klein’, ‘ck one’ used for perfumes

“Testers are being sold by the defendants, Xeryus Retail (P) Ltd. masquerading them as perfumes of the plaintiff, Coty Germany GMBH for sale, thereby, luring customers into paying money for such testers which are otherwise, not to be commercially dispensed.”

Case Briefs Supreme Court

“Prosecution had failed to establish charge”; SC acquits murder convict after 15 years in prison

Supreme Court said that once there is no eyewitness of the incident, the prosecution will have to establish a motive for the commission of the crime because in a case of no direct evidence, motive has a major role.

Case Briefs High Courts

“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC

The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.

Case Briefs High Courts

Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman

Allahabad High Court said that it is not possible to hold that temporary employment for every seasonal increase in industrial activities as an unfair labour practice.

Case Briefs High Courts

[Hate Speech] Delhi High Court sets aside order directing registration of FIR on a complaint by IAS turned social activist Harsh Mander

Delhi High Court observed that keeping in mind the sensitive nature of the allegations and the fact that no evidence of communal disharmony had come on record during the preliminary inquiry conducted by police, the Court advises that the orders for registration of the FIR filed by any community should be passed with more circumspection.

Case Briefs High Courts

Is Mughal Mosque near Qutub Minar a protected monument? Delhi High Court directs ASI to produce 109-year-old records

“The Managing Committee of the Waqf Board contended that the Mughal Mosque situated near Qutub Minar did not fall within the protected monuments as notified by the Archaeological Survey of India in a notification dated 24-1-2014.”

Case Briefs High Courts

Read why Madras High Court denied conducting fresh preliminary inquiry against Former CM Edappadi Palaniswami in Highway Tender Scam

It is almost 73 years since the Constitution of India started governing this country and the harsh reality is that the Executive has almost lost its independence and it has virtually turned into an organ merely executing whatever is said/dictated/ordered by the political party, which is in power during the relevant point of time.

Case Briefs High Courts

Delhi High Court dismisses plea challenging the exemption given to Bajrang Punia, Vinesh Phogat from undergoing Asian Games selection trials

“The Writ Courts must not substitute their opinions to the opinions arrived at by the experts unless the Court is satisfied that the decision taken by the experts is perverse or illegal. The function of the Court is only to see that the decision has been arrived at in good faith and the experts have acted reasonably.”

Case Briefs Supreme Court

Gyanvapi Mosque| SC stays ASI Survey till July 26; allows Anjuman Intezamia Masajid Committee to move Allahabad HC

The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.

Case Briefs High Courts

Delhi High Court orders Tehelka, Tarun Tejpal to pay Rs. 2 crore compensation to a Major General in a defamation suit

Delhi High Court observed that the plaintiff was a man holding the position of Major General in the Army and was a man of repute. There cannot be worse defamation and disrepute to a person of integrity and honour than a false imputation of him having demanded and then accepted bribe of Rs. 50,000.