Case Briefs Archives

Explained | Why Supreme Court directed re-examination of rape complaint against BJP leader Kailash Vijayvargiya

Supreme Court went into the depths of Chapter 12 of Code of Criminal Procedure regarding a complaint case before Magistrate and the case laws around them.

Case Briefs Supreme Court

Does everything said by a Judge while giving judgment constitute a precedent? Supreme Court explains

Supreme Court said that the distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by its several judgments.

Case Briefs Supreme Court

Supreme Court| Candidates for post of private secretaries at Delhi HC entitled to notional seniority in accordance with revised marks

Supreme Court said that there was no fault on the part of the appellants. It was because of the wrong marking at the relevant time that they were deprived of the appointments, and they were not placed in the merit list, and such was required to be corrected on the revision of the marks on re-evaluation.

Case Briefs High Courts

‘Victim’s date of birth recorded in school records not free from doubt’; Allahabad High Court acquits POCSO Convict on benefit of doubt

Allahabad High Court said that the admission form has not been filled in by the parents of the victim, but by a stranger, whose credentials are unknown. Thus, the significance of victim’s medical age determination will be considered, as per which, she was a major on the date of the incident.

district consumer disputes redressal commission [dcdrc], kamrup

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs 67K compensation for a movie goer who suffered a rodent bite while watching movie with her family in Galleria Cinema Hall

The Commission found that the management of Galleria Cinemas was negligent for not ensuring proper hygienic conditions for their viewers.

Case Briefs High Courts

“Students neither have vested right nor legitimate expectation to claim relaxation in JEE Main 2023 eligibility”: Bombay High Court

The Bombay High Court reasoned that “JEE Main examination is held pan India and thousands, perhaps lakhs, of students participate in the same” while refusing to interfere with the government’s policy decision.

Case Briefs High Courts

Interim relief would cause ‘irreparable harm and prejudice’; Bombay High Court refuses interim relief to Chanda Kochhar, former MD & CEO of ICICI Bank seeking retirement benefits

Bombay High Court observed that it is not appropriate for a Court to hold a mini trial at the stage of grant of temporary injunction.

Case Briefs Supreme Court

Here’s why Supreme Court upheld DMK MP Kanimozhi Karunanidhi’s election from Tamil Nadu’s Thoothukudy

DMK MP Kanimozhi Karunanidhi’s election was challenged on the ground that she had intentionally supressed the information about the payment of income tax of her spouse.

Case Briefs High Courts

Madras High Court grants Rs. 3 lakhs compensation to a woman for failed Puerperal Sterilization operation

Madras High Court said that the people of the country who co-operate by offering themselves voluntarily for sterilization reasonably expect that after undergoing the operation, they would be able to avoid further pregnancy and consequent birth of additional child.

Case Briefs Supreme Court

[Beant Singh Assassination Case] Supreme Court refuses to commute death penalty of Balwant Singh

The Supreme Court also directed the competent authority to deal with the mercy petition later and take further decision as and when deemed necessary.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Intent of Corporate Debtor irrelevant in establishing existence of preferential transaction: NCLAT

There is no need to prove any fraudulent intent for a preferential transaction as per S. 43 of the IBC.

Case Briefs Supreme Court

SC: Development Authorities cannot levy charges other than provided in Section 15(2-A) of U.P Urban Act, 1973; such levy is hit by Article 265 of Constitution

The Supreme Court said that the State can permit the Development Authorities to levy only those development charges which are mentioned in the Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973.

Case Briefs High Courts

Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers

Madras High Court said that after divorce when the spouses have ceased to be husband and wife, proprietary right of both the spouses also get affected.

Case Briefs High Courts

POCSO Act not enacted to punish minors in romantic, consensual relationships: Bombay High Court

Bombay High Court allowed the instant application for bail while expressing concern that further detention of the applicant will bring him in the association of hardened criminals, which will be detrimental to his interest.

Case Briefs High Courts

Bombay High Court upholds Municipal Commissioner’s rejection of serving Hookah/Herbal Hookah at a restaurant with an eating house license

Bombay High Court observed that the canvass of Section 394 of the MMC Act, is quite broad to take within its ambit articles, trade, and operations, which are dangerous to life, and health or which are likely to create a nuisance, as quite extensively described in the provision.

regularisation of work-charged employees

Case Briefs Supreme Court

Supreme Court: Service rendered as work charged after regularisation of service shall be counted for pensionary benefits

Supreme Court observed that allowing the instant appeal would tantamount regularizing the appellants' services as work charged from the initial appointment.

Case Briefs High Courts

Delhi High Court grants permanent injunction to the mark ‘VOLVO’ and awards Rs. 10 lakhs damages and costs

The Delhi High Court observed that ‘VOLVO' mark was blatantly infringed as branded stickers and infringing products bearing the said mark were found on the premises of the defendant.

Case Briefs Tribunals/Commissions/Regulatory Bodies

What is the rule for settlement after constitution of ‘Committee of Creditors’? NCLAT Answers

“Any settlement after passing of the impugned order and after constitution of the CoC is only permissible when the same is approved with 90% vote share of CoC.”

Case Briefs High Courts

Delhi High Court warns PMLA Adjudicating Authority to avoid using template paragraphs and disconcerted language in the impugned order

Delhi High Court observed that repeated use of templated paragraphs, as though the principles of Natural Justice are mere rhetoric, is not permissible.

Case Briefs High Courts

[2008 Riots Case] Why did Allahabad High Court stay sentence awarded to BJP MP Kamlesh Paswan during the pendency of revision?

Allahabad High Court noted that last year, the Trial Court convicted Kamlesh Pawan and six others for protesting against the arrest of Akhilesh Yadav and attempting to burn the statue of the then UP Chief Minister, Mayawati.