Case Briefs Archives | Page 4 of 1078

Supreme Court split on referring EC Act challenge to larger bench; pitches permanent 5-Judge bench for constitutional issues

Pitching for a permanent 5-judge bench, the Court reasoned that resolving constitutional issues is the primary task of Judges of the Supreme Court, that must remain its core priority. Pendency of references for far too long does not reflect well on the institution.

Case Briefs Supreme Court

Supreme Court: Once Trial commences on all issues, one issue cannot subsequently be tried as preliminary under Order 14 Rule 2(2) CPC

Supreme Court explains the scope of Order 14 Rule 2(2) CPC and holds that once the trial of issues generally has commenced, an issue cannot subsequently be severed and tried as a preliminary issue.

Case Briefs High Courts

Delhi High Court: Failure to redeem confiscated gold bars within stipulated period cannot be attributed to petitioner where Customs failed to quantify applicable duty

Delhi High Court directs Customs to quantify duty and release 12 confiscated gold bars, holding petitioner cannot be blamed for delayed redemption where duty was not quantified.

Case Briefs Supreme Court

Re-arrest after Article 22 violation requires judicial imprimatur; SC lays down additional safeguards

The Court emphasised that constitutional guarantees cannot depend upon the nature or gravity of the alleged offence. The Constitution cannot be interpreted in a vacuum or based on “ifs and buts”.

Arrest without grounds and unlawful police custody

Case Briefs District Court

Scooty dispute ends in illegal arrest: Mahendragarh court directs FIR against erring police officials

The Court noted that no cognizable offence had occurred, no apprehension of disturbance of public peace existed, and no order under Section 126 BNSS had been obtained.

Case Briefs High Courts

Invoice branding not enough: Calcutta HC upholds Vanaspati Exemption

The conduct anterior to the levy may give rise to suspicion but it cannot, by itself, discharge the burden of proving that the goods actually removed after 1st March 2003 bore a brand name. Suspicion, however strong, cannot take the place of proof.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Examination evaluation records are “information” under S. 2(f), RTI Act; Confidentiality or fiduciary claim can’t be invoked mechanically: CIC

The Central Information Commission held that “a general assertion of confidentiality or fiduciary capacity cannot substitute the statutory requirement of demonstrating the applicability of an exemption”.

Pending dues of spouse cannot bar election

Case Briefs High Courts

Husband and wife are separate legal entities; Spouse cannot be compelled to clear public official’s dues for electoral participation: Rajasthan HC

Rajasthan High Court held that electoral participation of a spouse cannot be barred based on the pending recovery dues owed by their partner who held the public office.

Case Briefs High Courts

Calcutta HC: Technical barriers cannot defeat guardianship for person with mental illness

The Court ensured that procedural obstacles did not deprive the petitioner and her brother of consideration under the guardianship framework.

Sritex Indonesian bankruptcy proceedings

Case Briefs Foreign Courts

Singapore International Commercial Court recognises Indonesian bankruptcy proceedings of Sritex entities; grants relief to Curators

In the present case, following the annulment of a court-approved restructuring arrangement and the declaration of bankruptcy of the Sritex Indonesian Entities, the Curators appointed in the Indonesian Bankruptcy Proceeding approached the present court seeking recognition of the proceedings and relief concerning assets and affairs connected with Singapore.

Case Briefs High Courts

Prior vendor survey and vending plan by Town Vending Committee and local authority mandatory for declaring vending zones: Delhi HC

The High Court has held that the street vendors are not conferred any right to vend or squat until the permission or a certificate has been granted by the TVC in consultation with the local body.

director cannot institute complaint without board authorisation

Case Briefs High Courts

Director or Vice-President cannot institute complaint for company without Board authorisation; Bombay HC quashes proceedings against employee

In a copyright infringement case involving alleged unauthorised use of source codes, the Bombay High Court quashed proceedings against an employee, finding no material to show his active role beyond carrying out duties assigned by his employer. The Court also held that a company cannot maintain a criminal complaint through its Vice-President or an individual Director unless duly authorised by a Board resolution.

Case Briefs High Courts

“Detrimental to confidence and trust of foreign nationals”: Allahabad HC denies relief to accused persons in large-scale international cyber fraud targeting foreign nationals

The Court remarked that the cyber fraud wherein 119 people were arrested for running an illegal call centre to monetarily scam foreign nationals was detrimental not only to the political, economic and social fabric of the country, but also to the confidence and trust of the foreign nationals of the country.

Case Briefs High Courts

Disclosures by co-accused cannot by itself justify continued custody; Parity and absence of specific role favour grant of bail: Himachal Pradesh HC

The Himachal Pradesh High Court granted bail, holding that a co-accused’s custodial disclosure is inadmissible against another accused, and that continued detention without a specific attributed role would amount to pre-trial punishment.

substitution of the Investigating Officer

Case Briefs High Courts

Mere Apprehension of bias insufficient to seek substitution of Investigating Officer: Karnataka HC

The Court emphasised unless a clear case of mala fides, demonstrable bias, lack of jurisdiction or abuse of process is made out before a competent court, the person under investigation cannot insist that the investigation be conducted by an officer of his choice.

Case Briefs High Courts

Advocate-client privilege protects communications, not advocate’s unlawful or independent conduct; Delhi HC upholds GST search of Advocate’s office

The Court upholds search under S. 67(2), Central Goods and Services Tax Act, 2017, subject to protection of privileged and third-party confidential material.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCPA: Rapido’s pre-ride tipping prompts misleading and unfair; ₹10 lakh penalty imposed

Holding that Rapido’s pre-ride tipping prompts misled consumers into believing that additional payments would improve ride availability and confirmation, the CCPA found the practice to constitute misleading advertisements, an unfair trade practice and prohibited dark pattern.

penetrative sexual assault convict acquitted

Case Briefs Supreme Court

Presumptions under Sections 29 and 30, POCSO Act are rebuttable: Supreme Court acquits man convicted for penetrative sexual assault

Supreme Court held that the presumptions relating to the commission of an offence and culpable mental state under the POCSO Act are rebuttable. As the appellant had successfully rebutted the statutory presumption and the prosecution had failed to establish his guilt beyond reasonable doubt, the Court acquitted him of the offences under Section 363 IPC and Section 6, POCSO Act.

Case Briefs Supreme Court

Actus Curiae Neminem Gravabit | Technical glitch in NCLAT e-filing system cannot prejudice litigant; SC restores appeal before NCLAT

NCLAT was not precluded from invoking actus curiae neminem gravabit, particularly Section 61 IBC did not provide an alternative remedy for a situation caused by the Tribunal’s own e-filing failure.

Case Briefs High Courts

Why cameras alone don’t cut it: Inside Karnataka HC’s order directing state-wide audit of police station CCTV

“The object of the enquiry shall not merely be to identify lapses in the present case but to ensure that such lapses do not occur in any police station in the State in future. The monitoring system shall move from a complaint-based approach to a real-time, automated and accountable mechanism, so that prolonged failures do not go unnoticed.”