Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC directs Union Govt and Andhra Pradesh Govt to ensure provision of necessary nutrition to TB patients in Andhra Pradesh

The Commission was hearing a petition filed an advocate/social activist who highlighted the plight of TB patients suffering due to lack of adequate nutrition

Case Briefs High Courts

Section 138 NI Act| No mandatory disposal of Section 143A application before examination of accused under Section 251 CrPC: Calcutta High Court

“Section 143A empowers a Court to pass an order on interim compensation in favour of the complainant where the accused pleads not guilty to the accusations made in the complaint.”

Case Briefs High Courts

Manipur HC directs State and Officer-in-charge to complete pending Investigation in 10-years-old UAPA case within 6 months

The Court said that offences under UAPA are serious ones relating to the security of the nation and FIR cannot be quashed on mere technicalities without going to the complete merit of the case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding can be restored when Consent term entered between parties includes a revival clause: NCLAT

“When consent term itself contains clause for revival, non-giving liberty specifically for revival by the Adjudicating Authority is inconsequential”, held NCLAT

Case Briefs Supreme Court

Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers

Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.

Case Briefs High Courts

Orissa High Court directs State to indicate steps taken by District Administration for crowd management at Alarnath temple during Anavasara Period

The temple is normally very crowded during the Anavasara Period and therefore, the court has directed the authorities concerned to ensure effective handling of the crowd.

Case Briefs High Courts

Mere possession of living cow does not amount to committing, abetting, or attempting an offence under U.P. Prevention of Cow Slaughter Act: Allahabad High Court grants bail

The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution

Case Briefs Tribunals/Commissions/Regulatory Bodies

Section 74 of Contract Act has no application on Public Auction conducted under the Liquidation Process Regulations, 2016: NCLAT

NCLAT observed that in the instant matter “there was no title defect in the Corporate Debtor”.

Case Briefs High Courts

Manipur High Court directs appointment of Dr. L Ranjit Singh as Director of Regional Institute of Medical Sciences, Imphal

While a writ petition is pending wherein the appointment of a Director is challenged, the authorities concerned cannot appoint another Director without the leave of the Court.

Case Briefs High Courts

Arbitration Clause in a contract will perish with its novation: Delhi High Court

Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.

Case Briefs High Courts

Bombay High Court grants interim relief to Indian Express against ‘Sprouts’ in 100 crores defamation suit

Bombay High Court was convinced of a strong prima facie case for grant of ad-interim reliefs, finding the balance of convenience in favour of Indian Express.

Case Briefs High Courts

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.