Case Briefs Archives

[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.”

Case Briefs High Courts

Orissa High Court upholds Acquittal of Accused Persons in witchcraft murder case

The Court said that in the case of circumstantial evidence, the links must form a continuous chain and must point unerringly to the guilt of the accused and to no one else.

Case Briefs High Courts

Kerala High Court directs sensitizing Police Officers for effective compliance of Mental Healthcare Act 2017

Kerala High Court said that a fair and impartial trial is an insegregable facet of Article 21 which aims that the accused is not prejudiced, injustice is ostracised and fairness is not hampered in the interest of the accused, victim and society.

Case Briefs High Courts

Meghalaya High Court grants bail to HIV Positive Female Accused under NDPS Act

The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.

Case Briefs High Courts

[Gang Rape] Delhi High Court modifies sentence of five men involved in kidnapping, abduction, and gang rape; awards life imprisonment

The accused had failed to demonstrate any illegality in the impugned judgment convicting them for the offences of kidnapping, abduction, and gang rape.

Case Briefs High Courts

Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court

In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his duties, thus she is entitled to share in its fruits.

Case Briefs High Courts

Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board

The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.