Case Briefs Archives

Advocate prosecuted for professional act

If Filing an Appeal Makes an Advocate a Conspirator, It Would Be the End of the Bar: Allahabad HC Quashes FIR Against Advocate in ₹ 10 Cr GST Evasion Case

The Allahabad High Court quashed the FIR holding that an advocate who files a statutory GST appeal for a client — even if the legal position taken on pre-deposit is wrong cannot be held a co-conspirator in the client’s alleged tax evasion.

Swami Vivekananda Scholarship Guidelines 2025

Case Briefs High Courts

Visa Delays, Expired Deadlines, State Inaction: Rajasthan HC Holds Scholarship Cannot Be Denied to Student Who Never Started His Studies

Holding that the interpretation of Swami Vivekanand Scholarship for Academic Excellence Yojana Guidelines 2025 has to be done in a manner to help the student to pursue his course and not to create hurdles, the Rajasthan High Court directed the State Government to immediately release the scholarship amount.

substitution of arbitrator abandoned arbitral proceedings Section 32

Case Briefs High Courts

Substitution of Arbitrator Denied After Proceedings are Abandoned For 9 Years: Bombay HC

Noting that nine years of complete inaction, with only vague references to settlement talks, constituted an implied abandonment terminating the proceedings under Section 32(2)(c), the Bombay High Court dismissed the application for substitution.

Magistrate power to modify bail conditions

Case Briefs High Courts

Magistrate Cannot Impose Foreign Travel Restriction Years After Grant of Bail by “Clarifying” Original Order: Delhi High Court

Delhi High Court while setting aside a foreign travel restriction imposed on the accused held that a Magistrate cannot alter bail conditions years after granting bail by calling it a clarification.

Delhi High Court patent priority date amendment

Case Briefs High Courts

“What Cannot be Done Directly Cannot be Done Indirectly”: Delhi HC Refuses Belated Amendment of Priority Date to Revive Deemed Withdrawn Patent Application

The Delhi High Court held that once a patent application is deemed withdrawn for failure to meet statutory timelines for national phase entry and filing Request for Examination, it cannot be revived through a belated amendment of priority date under Form 13

Case Briefs Supreme Court

Prosecutrix Cross-Examined 4 Times Over 5 Years, Defence Files 94 More Questions 4 Years Later: SC Says Section 311 CrPC Cannot Fill Defence Lacunae

The Court observed that witnesses, particularly victims of heinous offences and sensitive crimes, cannot be expected to repeatedly appear before courts to face cross-examination.

Acquittal in Section 138 NI Act reversed dishonour

Case Briefs District Court

Minor Discrepancy in Demand Notice Cannot Defeat Section 138 NI Act: Jabalpur Sessions Court Reverses Acquittal in Cheque Dishonour Case

“Acquittal in cheque dishonour case was set aside on the grounds that mere clerical discrepancies in the actual amount due and the amount mentioned in the demand notice under Section 138 proviso (b) NI Act do not negate the existence of a legally enforceable liability and mere denial is not enough to rebut the presumption under Section 139.”

Case Briefs District Court

Who Owns Your Digital Assets After a Person Dies? Gandhinagar Court Says Legal Heirs Do; Directs Apple to Hand Over the Data

“The right to privacy, being an inherently personal right, does not survive the death of the individual.”

Case Briefs High Courts

Explained | Why Allahabad High Court granted relief to Azim Premji in Wipro Labour Law Case

The Court reiterated that criminal liability cannot be fastened mechanically merely based on designation unless the statute specifically provides for vicarious liability or there exist specific allegations demonstrating an active role and responsibility of the accused in the commission of the alleged offence.

Case Briefs High Courts

Shutters Down, ‘Emergency Windows’ Open: Rajasthan HC Takes Suo Motu Cognizance of After-Hours Liquor Sales in Jodhpur; Issues Interim Directions

A detailed investigative report published in Rajasthan Patrika titled “शटर डाउन… ‘इमरजेंसी विंडो’ चालू: रात 8 बजें बाद भी धड़ल्ले से बिक रही शराब, supported by photographs, timestamps and field verification, indicated that despite statutory closing hours applicable to liquor vends, liquor sale allegedly continued openly after 8.00 p.m. through concealed openings, restricted access windows and partially shuttered premises at various locations within Jodhpur.

Case Briefs High Courts

Observations in a Separate Criminal Revision Petition Cannot Be a Ground Deregistration of a Political Party: Delhi HC Dismisses AAP Deregistration Plea

The Court examined the scope of Section 29-A, Representation of the People Act, 1951 and reaffirmed the limited circumstances in which deregistration is legally permissible.

Case Briefs High Courts

Delhi High Court Stays ROC Penalty Orders Against LinkedIn India in SBO Disclosure Dispute

The Delhi High Court granted interim relief to LinkedIn India and its Directors by staying ROC penalty orders passed for alleged non-compliance with SBO disclosure norms under Sections 89 and 90, Companies Act, 2013.

Case Briefs High Courts

Constitutional Courts Can Intervene in Delayed UAPA Trial as It Violates Article 21; J&K and Ladakh HC Directs Expeditious Conclusion of Proceedings

The High Court held that constitutional guarantees under Article 21 cannot be defeated by the gravity of allegations under the UAPA, and that the mandate of day-to-day trial under Section 19 of the NIA Act reflects a legislative intent that serious prosecutions cannot be allowed to linger indefinitely.

Case Briefs Foreign Courts

Verify Before You File: UK High Court on AI Hallucinations, Unverified Submissions and Solicitors’ Duty to the Court

The UK High Court observed that while AI can assist, it is an unreliable tool and cannot replace proper research, careful thought, and professional judgment, even for junior lawyers.

Medical Negligence Case Against Anaesthetist

Case Briefs Supreme Court

Telephonic Advice on Post-Operative Painkiller Is Not Gross Criminal Recklessness: Supreme Court Quashes Criminal Negligence Case Against Anaesthetist

Supreme Court quashed criminal proceedings against an anaesthetist in a post-surgery death case, reiterating that criminal medical negligence under Section 304-A IPC requires gross negligence and proximate causation.

Case Briefs High Courts

Article 21 Extends to Foreign Nationals; Approvers Cannot Be Kept in Jail While Principal Accused Walk Free: Rajasthan HC Releases Bangladeshi Nationals

“Foreign Nationals who are facing trial in India are also entitled to Right to Live with Dignity under Article 21 of the Constitution. This right has been established as a powerful shield of protection, ensuring that Right to Live with Dignity extends beyond borders, safeguarding all human beings.”

Case Briefs High Courts

Motherhood Can’t Be Ground to Exclude Women Athletes from Competitive Sport; Delhi HC Permits Vinesh Phogat to Participate in 2026 Asian Games Trials

The Court condemned Wrestling Federation of India’s “National Embarrassment” remark against Vinesh Phogat with regards to 2024 Paris Olympic Games mishap, which had led to her disqualification.

Delhi HC acquits accused in rape and kidnapping case

Case Briefs High Courts

She Crossed 1500 km With Him, Got Married, Never Raised an Alarm: Delhi HC Acquits Rape Accused, Finds Prosecuterix Statement Was Parental Pressure

The Delhi High Court acquitted a man convicted under Sections 363, 366 and 376 IPC, holding that the prosecutrix voluntarily accompanied and married the accused and that her minority was not conclusively established.

Case Briefs High Courts

Unreliable DNA, Doubtful Victim Testimony, Contradictions, Delay, No TIP: Bombay HC Acquits Rape Accused as Investigation Lapses Pile Up

The Bombay High Court noted that since the FIR was registered under Section 376 IPC without prima facie examination of the allegations and given the unexplained delay and contradictions in the victim’s statements, the prosecution case lacked legal foundation and the conviction was liable to be set aside.

Case Briefs Supreme Court

Article 324 Is Not a Dead Letter; ECI’s Special Intensive Revision of Bihar Electoral Rolls Is Constitutionally Valid: Supreme Court

The Court held that ECI is empowered, in the exercise of its constitutional mandate, to undertake a limited enquiry into citizenship for the purpose of satisfying itself as to eligibility for inclusion in the electoral roll.