Case Briefs Archives

Strip search procedures in prisons violate privacy rights of undertrial prisoners: Greater Mumbai Special Court

The Court of Special Judge under MCOC Act issued directions for conducting search of under-trial prisoners using scanner or electronic gadgets.

Case Briefs High Courts

Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India

It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.

Case Briefs High Courts

Jammu and Kashmir and Ladakh High Court sets aside VDG Scheme, 2022 insofar as it affects the powers and honorarium of the heads of the Village Defence Groups

Village Defence Guard Scheme- 2022 insofar as it denudes the petitioners of their status as SPOs and consequently reduces their remuneration/honorarium is an arbitrary and colourable exercise of power.

Case Briefs Supreme Court

SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim

The Court considered the adoption of uniform format for Judgment and Orders, including paragraphing.

Case Briefs High Courts

Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision

The writ court should not exercise its powers under Article 226 of the Constitution which will obstruct contractual rights between the parties.

Case Briefs High Courts

[Domex v Harpic] A false advertisement campaign would cause irreparable loss to Reckitt; Delhi High Court restrains Domex’s advertisement disparaging Harpic

Delhi High Court observed that it is not necessary that an advertisement must expressly and clearly mention the competitor’s product, it would be impermissible if the disparaged product is likely to be identified as that of a rival.

Advance Rulings Case Briefs

One time premium received on allotment of completed building to attract 18% GST: Gujarat AAR

The Gujarat AAR said that the lease deed nowhere suggests that the consideration received by the applicant is related to construction of complex, building, civil structure or a part thereof. Thus, the question of this transaction falling within the ambit of Sl. No. 5(b), Schedule II, does not arise.

Case Briefs Supreme Court

“Mr Put Mine, Advocate” matter closed as Supreme Court accepts apology

Recently, in a matter one of the advocates of the petitioner was recorded as “Mr. Put Mine, Advocate”. Taking note of the mistake that caused lot of embarrassment to the Court as the same was widely circulated on WhatsApp and other social media, the Court initiated proceedings suo moto.

Case Briefs Supreme Court

‘Pension cannot be denied dehors the authority of law’; SC sets aside BSF Commandant’s conviction, allows him to retain superannuation benefits

The Court said that the search of the Commandant’s house did not result in recovery of any incriminating documents/article and without other materials incriminating the appellant or pointing to his guilt, the statement of a single person alone cannot result in conviction of the Commandant and deprive him of his pension benefits.

Case Briefs High Courts

Public Interest precedes Private Interest; Gujarat HC rejects plea to standstill housing redevelopment scheme of 32-year-old society

When a redevelopment scheme is in the interest of public at large, the entire project cannot be put to a standstill at the behest of few persons (14 petitioners) when 75% of the occupants have consented to the redevelopment process.

unregistered agreement to sell as evidence

Case Briefs Supreme Court

Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment

Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.

Case Briefs High Courts

Allahabad HC grants bail to road accident accused on a condition that he stands near AIIMS holding placards and distributes helmets

Allahabad High Court said that joy ride of four friends converted into a tragic ride, wherein one friend died. The applicant and other co-accused appears to be negligent as they, despite being adult boys, have not discharged their duty to help injured friend in order to provide proper medication.

Case Briefs High Courts

Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates

Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.

Case Briefs High Courts

Appellate Court can make any just consequential and incidental orders while deciding appeals u/s 373 CrPC: Orissa High Court

The Court clarified that the appellate Court’s power to make just consequential and incidental order in appeals u/s 373 CrPC includes the power to stay the operation of other proceedings.

Case Briefs Supreme Court

Odisha’s 6000 families to get their land back as SC quashes acquisition of 6000 acres of agricultural land for Anil Agarwal Foundation's Vedanta University project

The Supreme Court observed that the entire acquisition proceedings and the benefits, which were proposed by the State Government to Anil Agarwal Foundation for setting up Vedanta University were vitiated by favourism and violative of Article 14 of the Constitution of India.

Case Briefs High Courts

S. 353 IPC not to be used as a tool to cover outright illegality; Bombay High Court quashes false FIR filed by State

Bombay High Court observed that the objective of Section 353 IPC is to prevent a public servant from not being obstructed while performing his lawful duties and same cannot be allowed to become a tool in hand, of unscrupulous persons to cover up outright illegality as done in the present case.

Case Briefs Supreme Court

Whether Government employee entitled to annual increment, earned one day prior to retirement?; Supreme Court answers

Supreme Court held that, “the entitlement to receive increment therefore crystallises when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application U/S 7 IBC not maintainable if Financial Creditor steps into the shoes of Operational Creditor; NCLAT upholds NCLT’s order

NCLAT held that the application preferred by the appellants in the second appeal under S. 7 IBC has rightly been held to be not maintainable and was rightly relegated to avail their remedy of filing the application under S. 9 IBC in relation to invoice discounting of the receivables by the seller.

Case Briefs High Courts

Frame guidelines for providing adequate number of toilets and sanitary napkins dispenser facilities to girls in schools: Patna High Court

The Patna High Court opined that when guidelines for providing toilets and sanitary napkin dispenser facilities for girls in schools were issued, the District Administration or the local bodies could be entrusted with the establishment and maintenance of such facilities in a seamless manner.

Case Briefs High Courts

‘Child not comfortable with her mother’; Patna High Court upholds Family Court’s decision of giving daughter’s custody to her father

The Patna High Court observed that the daughter wanted to reside with her brother and father and was not comfortable in staying with her mother, thus, the Court upheld the Family Court’s decision of giving the daughter’s custody to her father.