Case Briefs Archives

Police should verify pendency of bail application for interim orders before arresting a person: Kerala High Court

Kerala High Court found the instant bail application to be infructuous, since it was filed under Section 438 of CrPC, and the petitioner was already arrested.

Case Briefs High Courts

Haj Pilgrimage and related ceremonies fall within the ambit of religious practice and are protected under Article 25: Delhi High Court

Religious freedoms are one of the most cherished rights guaranteed and enshrined under the Constitution in line with the vision of the founding fathers of the Modern Indian Republic and the religious freedom of the person was guaranteed by the Constitution of India under Article 25.

Case Briefs High Courts

Punjab and Haryana High Court refuses grant of anticipatory bail to IAS Vijay Singh Dahiya

The petitioner allegedly took bribe to clear bills of the complainant

Case Briefs High Courts

“Dog meat consumption is an ancient Naga custom”: Gauhati High Court sets aside ban on sale of dog meat

Consumption of dog meat is a regarded custom amongst the Nagas since times immemorial and the Food Safety and Standards Act, 2006 already provides for an appropriate authority to issue prohibition orders.

Case Briefs Supreme Court

Late payment of Rent as per direction of Revenue Court, a valid ground for eviction of Cultivating Tenant under Tamil Nadu Cultivating Tenant Protection Act: SC

The Court said that Section 4 of the Tamil Nadu Cultivating Tenant Protection Act provides for restoration of possession only in limited cases and that too when the default is of only one year of lease amount to be paid.

Case Briefs High Courts

Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers

Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.

Case Briefs High Courts

Delhi High Court upholds 2011 amendment to Section 35(10)(cc) of Delhi Co-operative Societies Act

Amendment(s) made to an existing Statute cannot be modified, looked into, or set aside simply because the same is not viable or suitable to a party.

Case Briefs Foreign Courts

Counter-speech protecting interests of LGBTQ+ neither antithesis to public interest nor amounts to defamation; Canada SC dismisses SLAPP suit

In an anti-SLAPP ruling, Supreme Court of Canada dismissed defamation suit targeting counter counter-speech protecting rights of marginalised groups, i.e.; transgender and other 2SLGBTQ+ youth.

Case Briefs High Courts

Can a child in conflict with law file an application for anticipatory bail under S. 438 CrPC? Allahabad High Court answers

A child enjoys equal rights with other persons. Therefore, it would be in violation of all the principles and provisions to deny an opportunity to exercise the right of preferring an application under Section 438 CrPC.

Case Briefs High Courts

Age of Retirement for Kerala High Court Staff; matter remitted back for consideration by Government

Kerala HC remitted the matter back to Kerala Government for reconsidering the proposal of the Court to increase the retirement age of the Judicial staff from 56 to 58 years of age.

Case Briefs High Courts

Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court

It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIT was right in deleting addition made on account of low Gross Profit rate by AO without any justified reasoning: ITAT

It is a well-accepted principal of tax jurisprudence that the Assessing Officer cannot sit on the armchair of a businessman assessee to replace his business strategy by his own whims and fancies

Case Briefs High Courts

[Illegal Coal Mining] Meghalaya HC expresses concern for involvement of higher-ups of State; Reprimands State for complicity with kingpin

The Court said that the State is responsible for aiding the business of illegal mining and allowing illegal transport of thousands of metric tonnes of coal

Case Briefs High Courts

Delhi High Court grants permanent injunction to New Balance Athletics for ‘NEW BALANCE’ mark and ‘NB’ device mark

The use of ‘NEW BALANCE IMMIGRATION’ as a part of its trade name by New Balance Immigration (P) Ltd. (defendant) is likely to deceive unwary consumers of their association with New Balance Athletics Inc (plaintiff).

Case Briefs Supreme Court

“Courts below failed to evaluate testimonies on settled legal principles, resulting in grave miscarriage of Justice”; SC sets aside conviction in 22-year-old murder case

The Court said that the case in hand was a quintessential case where to solve a blind murder, occurring in a forest in the darkness of night, bits and pieces of evidence were collected.

Case Briefs High Courts

[Covishield Vaccine] Content against Adar Poonawala – Serum Institute prima facie defamatory: Bombay High Court

Bombay High Court pointed at the alleged ban on Covishield/Astra Zenica vaccine in European countries to be a misconception while stating the correct facts that it was a temporary measure.

Case Briefs Supreme Court

Supreme Court grants interim bail to Ex-Encounter Specialist Pradeep Sharma

Supreme Court allowed the interim bail to Pradeep Rameshwar Sharma in Mansukh Hiren murder case to attend to the treatment of his ailing wife for reversal of Gastric Bypass surgery.

Case Briefs District Court

Delhi Court sets aside ₹90 lakh award granted in favour of BMW India Financial Services Pvt. Ltd.

Unilateral Appointment of the Sole Arbitrator vitiates the proceedings of Arbitration.

Case Briefs High Courts

Even slightest penetration of male organ into female parts amounts to rape; Allahabad High Court reiterates

Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.

Case Briefs High Courts

Delhi High Court directs Patent office to update Manual for Practice and Procedure for dealing intricate matters in a better way

Since the number of filings in India are rapidly increasing thus there is an imminent need to update the Manual of Patent Office Practice and Procedure so that the Examiners and Controllers can get better guidance on dealing intricate matters like objections of lack of clarity and succinctness.