Case Briefs Archives

Orissa HC holds State Government liable for Contempt for non-implementation of Shetty Commission’s recommendations

The Court directed the State authorities to implement the recommendations made by the Shetty Commission within the period of three months.

Case Briefs High Courts

Evidence of a sexual offence victim is entitled to great weight, even in absence of corroboration; Allahabad High Court reiterates

Women or girl raped is not an accomplice and to insist on corroboration of the testimony, amounts to insult to womanhood.

Case Briefs High Courts

[Juvenile Justice] Aadhaar not a valid document for proof of age of Prosecutrix under Juvenile Justice Rules: Madhya Pradesh High Court

JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.

Case Briefs High Courts

Whether Doctrine of lis pendens applicable on in-service contracts? Delhi High Court answers

Section 52 of the Transfer of Property Act is an expression of the principle “pending a litigation nothing new should be introduced”. It provides that pendente lite, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his appointment

Case Briefs High Courts

Delhi High Court issues directions and recommendations to MEITY and Delhi Police to deal cases regarding Non-consensual intimate images dissemination

There is an abysmal absence of a collaborative effort that should ideally be undertaken by the intermediaries and the State.

Case Briefs High Courts

Agreement specifying ‘no interest to be granted’ takes away Arbitrator’s power to deviate and grant his own interest rate: Delhi High Court

Even if the Arbitrator is successful in justifying his reasons for deciding a rate of interest, the Agreement between the parties being the birth-giver, should be held at a higher stature when it concerns an issue that has been pre-decided and mutually agreed upon by the parties.

Case Briefs Supreme Court

Reformative element requires equal attention before imposing fixed term sentence without remission: Supreme Court

The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.

Case Briefs Supreme Court

West Bengal Teachers’ Recruitment Scam| Justice Abhijit Gangopadhyay versus Supreme Court: Explained

In an interview with ABP Ananda, Justice Gangopadhyay had made remarks against TMC leader Abhishek Banerjee in relation to the West Bengal Teachers Recruitment Scam case, which was pending before him.

Case Briefs District Court

Untrace report filed after 5 years by the IO without conducting proper investigation; Saket Court remanded back the matter for further investigation

The Court rebuked that IO for believing whatever the alleged suspects were stating as the gospel truth.

Case Briefs High Courts

Madras High Court directs Kalakshetra Foundation to constitute ICC and frame policy to prevent sexual harassment

This order will not stand in the way of the Committee constituted under the Chairmanship of Justice K.Kannan (Retd.) to enquire into the matter as per the terms of reference and there will also be no fetters on the law enforcing agency from proceeding with the investigation in accordance with law.

Case Briefs High Courts

[Online Fantasy Sports] Delhi High Court refuses injunction sought against Mobile Premier League and its app ‘Striker’

The Court opined that the NFT Player Cards are in fact ‘in-game’ assets to be used for enhancing the experience of playing the game.

Case Briefs High Courts

Violence in one form or other is not sine qua non for a group to qualify as a gang under UP Gangsters and Anti-Social Activities (Prevention) Act: Allahabad High Court

Allahabad High Court reiterated that a statute should be read and understood according to its plain grammatical meaning, unless that construction leads to an absurd result, or defeats the object and the very purpose of it

Case Briefs High Courts

Delhi High Court restrains Samaira Jewels from counterfeiting BVLGARI jewelry collection

The Delhi High Court stated that a bare glance at the goods sold by the defendants indicated that they are prima facie imitations of the plaintiff’s registered design and accordingly injuncted Samaira Jewels from the usage of such designs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Railway horns are required to be blown as per ‘whistle code’; NGT dismisses plea to prohibit usage of train horns

The National Green Tribunal said that an environment free from noise pollution is necessary, but operation of railways is an essential activity, and must be conducted.

Case Briefs Supreme Court

“Undue leniency in sentencing shakes public confidence in Criminal Justice System”: Supreme Court modifies sentence in minor’s rape-murder case

Supreme Court considered the case wherein the Trial Court proposed award of death sentence for rarest of the rare case, while the Jharkhand High Court modified it to life imprisonment for whole biological life without any scope for remission.

district consumer disputes redressal commission (dcdrc), ernakulam

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs restaurant to pay Rs 40,000 as compensation for ordeal sustained by the complainant due to its failure to deliver ‘Sadya’ on Thiruonam day

The Commission observed that Malayalis have sentimental attachment towards ‘Thiruonam Sadya’; therefore, waiting for a long time and eventually not getting the ‘Sadya’ can be quite frustrating.

Case Briefs District Court

[Jiah Khan suicide case]: ‘Jiah Khan was victim of her own sentiments’; CBI Court acquits Sooraj Pancholi in abetment of suicide case

Jiah Khan had suicidal tendency and had tried to commit suicide on an earlier occasion, the evidence against Sooraj Pancholi were found to be vague and general.

latest judgement of supreme court on res judicata

Case Briefs Supreme Court

Explained| Supreme Court judgment on application of principle of Res Judicata and other CPC provisions

The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.

Case Briefs High Courts

“Recreational activities would include amusement or enjoyment-related leisure activities”; Bombay High Court directs MCGM to issue NOC for conducting ‘Ice-Cream Fest’

Bombay High Court perused the said Regulation of DCPR which was the ground for denying permission by MCGM and did not notice any restriction for recreation area in the mall for the purpose proposed.

Case Briefs High Courts

Delhi High Court refuses to quash FIR against doctor accused of carrying out illegal sex determination; issues direction for proper implementation of PCPNDT (Prohibition of Sex Selection) Act

The Delhi High Court observed that it was aware of the conflict that plagued women who were torn between societal and familial pressure to bear sons and the emotional stress and moral uncertainty they experienced for not bearing a male child.