Case Briefs Archives

“Irreversible loss if apprehension of threat to lives comes true”; Punjab and Haryana HC allows police protection for couple

P&H High Court clarified that the matter was not adjudicated on merits and the instant order was not a blanket bail in any FIR.

conviction based on circumstantial evidence

Case Briefs Supreme Court

“To clinch a conviction, circumstances ought to form a chain to indicate that the accused and no one else committed the crime”: Supreme Court

The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).

Case Briefs High Courts

Seashore Chit Fund Scam: Orissa High Court rejects Transfer petition of 19 Criminal cases to CBI Court

The Director of Seashore Group of Companies was seeking Transfer of Criminal Cases pending against before various Courts to CBI Court as the CBI Court had clubbed other 22 FIRs pending against him.

Case Briefs High Courts

Detenu may be hardened criminal or a smuggler, but Constitution mandates decision on representation without any delay: Jharkhand High Court

Jharkhand High Court rejected any justification on part of the State regarding delay of at least 50 days on the ground that the matter was ‘under the process’.

Case Briefs High Courts

[Teacher Recruitment Scam] Calcutta High Court directs identification of the appointed teachers in lieu of cash paid in the recruitment process

The CBI investigation report stated that “the total seizure and attachment in the case, at present, stands at Rs. 126.70 crore”.

Case Briefs High Courts

“Strict rules of evidence do not apply in a disciplinary proceeding”: Bombay High Court while refusing interim relief for Bus Conductor against dismissal from service

Bombay High Court found the Labour Court and Industrial Court justified in refusing to exercise jurisdiction in the petitioner’s favour.

Case Briefs High Courts

Subscription amount received from e-journals cannot be treated as royalty: Delhi High Court

“For a service to be categorized as a technical service, it has to be concerned with applied science, i.e., using scientific knowledge for practical applications, or industrial science concerning, relating to, or derived from industry.”

Case Briefs High Courts

[POCSO] Bombay High Court upholds conviction of accused of raping a 6-year-old based on medical evidence

Bombay High Court observed that the appellant was aged 46 when the offence was committed and it has come in the evidence that he was residing with his wife and children. Still, he has ravished a small child aged six years and, therefore, no leniency can be shown against him.

Case Briefs Supreme Court (Constitution/Larger Benches)

Nomination of arbitrator by ineligible persons: SC defers hearing as Centre considers Reforms to Arbitration and Conciliation Act, 1996

Two Benches of the Supreme Court had expressed their disagreement with the view taken in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), therefore, the matter was referred to larger Bench.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Relief for Tata Power | APTEL stays MERC’s tariff schedule for FY 2023-24

The Tribunal regarded the hike in violation of Section 61(d) of the Electricity Act, 2003 and against the larger public interest, which is one of the critical factors to be taken into consideration in deciding whether to grant interim relief.

Case Briefs High Courts

Explained| Madras High Court tie breaker verdict in Senthil Balaji habeas corpus petition

Madras High Court concurred with the view of Justice D. Bharatha Chakravarthy, that the petition, though maintainable cannot be entertained after remand, and in this case, it can certainly not be entertained.

Case Briefs High Courts

Major Discrepancies in Deposition of Victim; Gujarat HC upholds Acquittal of Rape Accused

The Court stated that if at all an offence is committed at a particular time, there cannot be inconsistency in the time of offence in the deposition and the FIR registered by the informant herself.

Case Briefs High Courts

Consensual sex with minor| Bombay High Court acquits accused; suggests review of age of consent under POCSO Act

Bombay High Court pointed out the personal interaction with the victim and her statements confirmed consensual relationship with the accused, but the rigors of POCSO Act did not permit quashing of proceedings because any kind of sexual indulgence with a minor fell within the ambit of Sections 4 and 6 of POCSO Act.

Case Briefs High Courts

Socialization of offspring of inter-caste couples not necessarily more attached to father: Kerala High Court directs KIRTADS to reconsider the matter

Kerala High Court pointed out that KIRTADS proceeded on general statements that generally in case of inter-caste marriage, the socialization process of the offspring of such couples is more attached to the high ranked father.

Case Briefs High Courts

Determination of ‘mental illness’ as per S. 105 of the Mental Healthcare, 2017 cannot be prejudicial to interest of any party: Delhi High Court

“The Mental Healthcare Act, 2017 is a special Act and by virtue of Section 120 of the said Act, the same has been given an overriding effect with respect to any other law for the time being in force.”

Case Briefs High Courts

[S. 34 Arbitration Act] Delhi High Court sets aside arbitral award for being perverse and ex-facie arbitrary

The present case is an example where substantial liability has sought to be fastened on one of the contracting parties based on specious paper calculations. It cannot be overemphasized that arbitral tribunals must exercise due care and caution while dealing with such claims.

Case Briefs High Courts

Orissa HC seeks explanation from Judicial Officer for Sentencing Rape Convict to less than Prescribed punishment

The Additional Sessions Judge had sentenced the Rape Convict to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the IPC.

Case Briefs High Courts

Income of a club involving contributors and participators is not taxable: Calcutta High Court

“The members of the club are seen both as contributors and participators. The club and its members are seen as one person. Usually a member has to pay to avail of the services and facilities provided by the club.”

Case Briefs High Courts

Able-bodied person, who is bound to maintain a dependant wife, also responsible to maintain his dependant mother: Karnataka HC

While hearing a petition wherein sons of an aged mother expressed their inability to pay monthly maintenance to their mother, the Court grimly observed that number of youngsters who are unwilling to look after their aged parents, is sadly increasing.

Case Briefs High Courts

Delhi High Court | Non-consideration of a clause in a concession agreement not an error that goes into the root of the award; cannot amount to patent illegality

The concession agreement is neither a statute, nor is it a law which protects the national interests of this nation and a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral award in contravention of the fundamental policy of Indian law.