Case Briefs Archives

‘Chain of circumstantial evidence incomplete to interfere with acquittal’; Supreme Court affirms acquittal in 25-year-old case

Supreme Court concurred with the Punjab and Haryana High Court that incriminating circumstances were not proved beyond reasonable doubt and chain of evidence was not complete to interfere with a degree of certainty of accused having committed the crime.

Case Briefs High Courts

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.

Case Briefs Foreign Courts

“Equal educational opportunity is a prerequisite to achieving racial equality”: Dissenting Opinion on SCOTUS’ Affirmative Action decision

In a scathing dissent, the Judges observed that in holding that race can no longer be used in a limited way in college admissions to achieve critical benefits, the Majority has rolled back decades of precedent and momentous progress.

Case Briefs High Courts

POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.

Case Briefs Foreign Courts

England and Wales High Court of Justice strikes out Breach of Duty Claim against YZMA Director

The allegations against the defendant related to breach of fiduciary duty, trust and statutory duties he owed as director of YZMA.

Case Briefs High Courts

‘Employee had no role in drawing excess amount in increment’; Kerala High Court upholds KAT order restricting any recovery of excess pay

The Kerala High Court clarified that the authorities erroneously granted the said increment in terms of Government Order while being careless and negligent, and that the respondent could not be faulted at all for their negligence.

Case Briefs High Courts

[Section 15 of JJ Act] Inquiry for trying a juvenile as an adult must be conducted in a transparent and fair manner: Bombay High Court

Bombay High Court explained that trying a child below 18 years before Juvenile Justice Board is a rule and trying a child above 16 years as an adult before Regular Court is an exception.

Case Briefs High Courts

Complaint lacks specific averments to fasten vicarious liability of Company Directors; Bombay High Court quashes order against Raymond CMD

The instant complaint was filed against the Chairman and Managing Director, and eight Directors of Raymond Ltd. after the Inspector of Legal Metrology noticed a fabric package which lacked requisite declarations.

Case Briefs High Courts

Selection of Auditors for Cooperative banks: Himachal Pradesh High Court upholds NABARD’s guidelines

Himachal Pradesh High Court said that to assist the respective State Governments to choose the right persons to conduct statutory audits, the NABARD had issued the impugned letter prescribing broad guidelines

clarifications of previous law retrospective

Case Briefs Supreme Court

Clarifications, Amendments, Explanations of any previous Law whether Prospective or Retrospective in Nature? Supreme Court answers

Merely because a provision is described as a clarification or an explanation, the Court is not bound by the said statement in the statute itself but must proceed to analyse the nature of the amendment.

Case Briefs High Courts

[Adipurush Controversy] Allahabad HC directs IB Ministry to revisit issue by forming an expert committee; Seeks personal presence of Film Director and Dialogue writer

Allahabad High Court said that the Gods have been shown in a film by the film makers including the dialogue writers without taking care of holiness and sanctity of those characters.

Case Briefs Supreme Court

Saturday Night Hearing in Teesta Setalvad case: Supreme Court stays Gujarat HC order for 7 days

Gujarat High Court had rejected Regular Bail plea of Civil Rights Activist Teesta Setalvad and had directed her to surrender immediately.

Case Briefs High Courts

Allahabad High Court directs State to specify steps taken towards providing women toilets, pure drinking water, fans etc. in police stations

Allahabad High Court directed the State to file an affidavit indicating therein the progress towards allotment of funds towards providing basic amenities to women in Police Stations

Case Briefs High Courts

Dishonour of Cheque: Delhi High Court sets aside summon order due to lack of specific allegations against directors in the complaint

The Delhi High Court observed that the wanton arraignment of directors without reference to their role in relation to a transaction, or to the issuance or dishonour of a cheque by the company, requires to be deprecated and discouraged, since it amounts to abuse of the salutary process of criminal law.

Case Briefs High Courts

Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC

The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.

Case Briefs Foreign Courts

Race-based admission programs by Universities of Harvard and North Carolina, violates Equal Protection Clause of the 14th Amendment: SCOTUS

SCOTUS majority was of the view that Harvard’s and UNC’s admissions programs lack sufficiently focused and measurable objectives warranting the use of race and unavoidably employ race in a negative manner.

Case Briefs High Courts

[2002 Godhra Riots] Gujarat HC rejects Regular Bail plea of Civil Rights Activist Teesta Setalvad

The Court said that Teesta Setalvad had started her career as journalist and prima facie it seemed that by using victim and witnesses as ladder for her own benefits, she had ultimately reached on to Padmashree to become Member of Planning Commission.

Case Briefs High Courts

Allahabad High Court orders immediate release of rape convict sent to jail in same crime after undergoing entire sentence

Allahabad high Court directed the Senior Registrar to communicate this order to the Jail Authorities concerned, for immediate release of the convict.

executing court to decide inter se claims

Case Briefs Supreme Court

Rules 97, 98 and 101 of Order 21 of CPC enable Executing Court to adjudicate inter-se claims of decree holder and third parties: Supreme Court reiterates

Supreme Court commented that “The situation is indeed disquieting, viewed from the perspective of the decree holders, but the law, as it stands, has to be given effect whether the court likes the result or not.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

While admitting application under Section 7 of the IBC, existence of Debt and Default needs to be examined not ‘Quantum of Debt’: NCLAT

“In the instant case, the record establishes that there is a ‘debt’ and a ‘default’ and the Application is complete and the Adjudicating Authority has rightly admitted the Application under Section 7 of the Code.”