Case Briefs Archives

Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC

The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.

Case Briefs Foreign Courts

Race-based admission programs by Universities of Harvard and North Carolina, violates Equal Protection Clause of the 14th Amendment: SCOTUS

SCOTUS majority was of the view that Harvard’s and UNC’s admissions programs lack sufficiently focused and measurable objectives warranting the use of race and unavoidably employ race in a negative manner.

Case Briefs High Courts

[2002 Godhra Riots] Gujarat HC rejects Regular Bail plea of Civil Rights Activist Teesta Setalvad

The Court said that Teesta Setalvad had started her career as journalist and prima facie it seemed that by using victim and witnesses as ladder for her own benefits, she had ultimately reached on to Padmashree to become Member of Planning Commission.

Case Briefs High Courts

Allahabad High Court orders immediate release of rape convict sent to jail in same crime after undergoing entire sentence

Allahabad high Court directed the Senior Registrar to communicate this order to the Jail Authorities concerned, for immediate release of the convict.

executing court to decide inter se claims

Case Briefs Supreme Court

Rules 97, 98 and 101 of Order 21 of CPC enable Executing Court to adjudicate inter-se claims of decree holder and third parties: Supreme Court reiterates

Supreme Court commented that “The situation is indeed disquieting, viewed from the perspective of the decree holders, but the law, as it stands, has to be given effect whether the court likes the result or not.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

While admitting application under Section 7 of the IBC, existence of Debt and Default needs to be examined not ‘Quantum of Debt’: NCLAT

“In the instant case, the record establishes that there is a ‘debt’ and a ‘default’ and the Application is complete and the Adjudicating Authority has rightly admitted the Application under Section 7 of the Code.”

Case Briefs High Courts

Orissa High Court upholds Acquittal of Accused Persons in witchcraft murder case

The Court said that in the case of circumstantial evidence, the links must form a continuous chain and must point unerringly to the guilt of the accused and to no one else.

Case Briefs High Courts

Kerala High Court directs sensitizing Police Officers for effective compliance of Mental Healthcare Act 2017

Kerala High Court said that a fair and impartial trial is an insegregable facet of Article 21 which aims that the accused is not prejudiced, injustice is ostracised and fairness is not hampered in the interest of the accused, victim and society.

Case Briefs High Courts

Meghalaya High Court grants bail to HIV Positive Female Accused under NDPS Act

The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.

Case Briefs High Courts

[Gang Rape] Delhi High Court modifies sentence of five men involved in kidnapping, abduction, and gang rape; awards life imprisonment

The accused had failed to demonstrate any illegality in the impugned judgment convicting them for the offences of kidnapping, abduction, and gang rape.

Case Briefs High Courts

Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court

In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his duties, thus she is entitled to share in its fruits.

Case Briefs High Courts

Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board

The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.

Case Briefs Supreme Court

Understanding Supreme Court judgment on sales tax on credit note issued to dealers for warranty replacements

In a 106 pages long verdict, the Supreme Court has decided whether a credit note issued by a manufacturer to a dealer of automobiles in consideration of the replacement of a defective part, using spare parts from dealer’s own stock or from an open market, in the automobile sold pursuant to a warranty agreement being collateral to the sale of the automobile, will be exigible to sales tax.

Case Briefs High Courts

[Appointment of Archaka] Person of any caste can be appointed, provided he is well-versed in Agamas: Madras HC reiterates

Appointments of Archakas will have to be made in accordance with the Agamas, subject to the further caveat that the Agama that is followed is in conformity with the Constitutional mandates and it does not violate the same.

Case Briefs Supreme Court

Purpose of Auction is to give an opportunity to intending bidders to participate and fetch higher realizable value of a property: SC

The process of bidding takes place in a situation where large number of people show their willingness to buy a particular product or a service and auction is a process that involves buying and selling goods and services by offering them for bids, taking bids and selling the item to the highest bidder.

Case Briefs High Courts

Land Grab attempted on former Supreme Court Judge’s land; Jharkhand High Court takes suo motu cognizance

The Jharkhand High Court made it clear that the stature of the person whose land grab was attempted is not important, but the situation is the reason that the Court took cognizance of the instant matter.

Case Briefs High Courts

“Took copyright for granted”: Karnataka HC refuses to quash copyright violation case against Congress leaders for using songs of KGF- Chapter 2 without permission

Tampering the source code without permission and freely playing the audio would undoubtedly amount to infringement of copyright of the complainant.

Case Briefs High Courts

Punjab and Haryana High Court: Woman committing suicide in matrimonial home does not itself make husband and in-laws liable under Section 306 IPC

The Court said that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

Case Briefs District Court

Mumbai Court refuses permission for undertrial prisoner to undergo IVF treatment

The Court said that the application was not sustainable as it will affect the trial.

Case Briefs Supreme Court

Transaction doesn’t become stock in trade merely based on recording of inventory in books of accounts; SC asks ITAT to consider relevant factors afresh

Supreme Court reiterated that to examine whether a particular transaction is sale of capital assets or business expense, multiple factors like frequency of trade and volume of trade, nature of transaction over the years etc., are required to be examined.