Case Briefs Archives

‘Never been in custody’, says Police for a person claiming to have spent 2 years in custody; P&H HC directs DGP to look into the matter

Punjab and Haryana High Court perused the affidavit submitted by the Superintendent of Prison, according to which, the petitioner had already undergone custody of more than 2 years and 5 months.

Case Briefs High Courts

Madras High Court directs DGP to identify cases involving consensual relationship amongst pending POCSO cases; Discontinues two-finger test and potency test

If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.

Case Briefs High Courts

Delhi High Court refuses bail to Leena Paulose wife of Sukesh Chandrashekhar in 214 crore extortion case

Delhi High Court observed that at the stage of bail, the mini trial is totally prohibited. However, the record amply indicates that Leena Paulse was involved in the organized crime syndicate. It is unbelievable that such huge amount of money were coming in her account and she was accepting the same only as a dutiful wife.

Case Briefs High Courts

Calcutta High Court resolves ‘Seat’ versus ‘Venue’ enigma when agreement confers ‘exclusive jurisdiction’ upon a court other than venue

Calcutta High Court dismissed the present petition on the grounds of lack of jurisdiction.

Case Briefs High Courts

[Dishonour of cheque] Rajasthan HC suspends sentence of convict and grants him bail till final disposal of Revision

Rajasthan High Court said that the hearing of revision is likely to take more time, thus, it is a fit case for suspending the sentence awarded to the convict.

Case Briefs High Courts

Delhi High Court sentences Veer Singh, son of Max Group founder for three months simple imprisonment for contempt of court

The Court directed the SHO, Tilak Marg to issue warrants of arrest against Veer Singh and shall also get the Look Out circular issued against him as he was not willing to comply with the orders of this Court.

Case Briefs High Courts

Fake Mark-Sheets for LLB Admission; Gujarat HC upholds decision of Veer Narmad South Gujarat University cancelling Student’s Result

The Court said that the student could not be permitted to take advantage of his own wrong and fraud.

Case Briefs High Courts

Journalist’s mobile cannot be seized simply because he got information about some crime: Kerala High Court

Kerala High Court directed the Station House Officer to file a statement with circumstances under which the journalist’s mobile phone was seized.

limitation under section 14(3) of rajasthan premises (control of rent and eviction) act

Case Briefs Supreme Court

Does Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 completely bar institution of suit within 5 years? SC answers

Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.

Case Briefs High Courts

Delhi High Court upholds revocation of PepsiCo India’s registration for a potato variant used in the manufacture of Lays

Delhi High Court remarked that the present case is an example of the Registrar not insisting on the compliance of the Act, the Rules and the Regulations from the applicant.

Case Briefs High Courts

‘Publish details of grievance officers on website for public access’; Delhi High Court directs LinkedIn

The details of the Grievance Officers in terms of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including the physical and email address shall be published openly for public access on LinkedIn’s website.

Case Briefs Supreme Court

Section 118 of Evidence Act | Child witness easily susceptible to tutoring; corroborating testimony not a rule but a measure of caution and prudence: Supreme Court

Supreme Court did not deem it safe to base the conviction only on the testimony of child witness which did not inspire confidence and acquitted the appellant.

Case Briefs High Courts

Allahabad HC directs JLN medical college to constitute 5-member team to examine minor rape victim for medical termination of pregnancy

In the case of sexual assault, denying a woman right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT Mumbai dismisses appeal under S. 15T SEBI Act for not having filed by an ‘aggrieved person’

SAT Mumbai observed that it is not open to a shareholder to complain about the scheme of arrangement before the SEBI or to the Stock Exchange nor is it open to the shareholder to make a representation and /or file an appeal before this Tribunal under Section 15T of the SEBI Act.

Case Briefs High Courts

Can a wife be entitled to maintenance under S.125 CrPC if marriage is invalid? Madras HC answers

Madras High Court said that concerning the present economic scenario and the status of the parties, the fixation of the monthly maintenance at Rs. 10,000/- for the wife and daughter is very much reasonable and the same cannot be said to be excessive.

Case Briefs Supreme Court

Adherence to Article 14 by State must even while acting in Contractual Realm: Supreme Court

The question before the Court was whether an application remaining pending for an unreasonable period could in itself be classified as an arbitrary and unreasonable act?

Case Briefs Supreme Court

‘Extending tenure of ED Director SK Mishra illegal’; Supreme Court upholds amendments to CVC Act, DSPE Act

Supreme Court allowed SK Mishra to continue his services as ED Director till 31-07-2023.

Case Briefs High Courts

Accused persons are engaged in movie business and not in business of cigarettes or tobacco products: Madras High Court quashes COPTA proceedings against Actor Dhanush

COTPA was brought into force to eliminate all direct and indirect advertisements, promotion and sponsorship concerning tobacco and for providing regulation of trade and commerce, production, supply and distribution of cigarettes and other tobacco products.

Case Briefs High Courts

Bombay High Court | 15-day compliance with disqualification notice based on ‘fit and proper person’ test not insisted by SEBI during pendency

SEBI had prescribed automatic disqualifications under the 2008 Regulations based on ‘fit and proper person’ criteria.

Case Briefs High Courts

Delhi High Court | MSEFC cannot entertain independent claim by the ‘Buyer’ against the ‘Supplier’ under the MSMED Act, 2006

Delhi High Court observed that the MSMED Act, 2006 has been enacted for the purpose of extending benefits to Suppliers, who are registered under the Act as Micro or Small Enterprises, it does not contemplate the reverse obligation i.e. claims relating to the amount recoverable from the Suppliers under the MSMED Act, 2006.