Case Briefs Archives

Constitutional Courts can exercise power of imposing a modified or fixed-term sentence even where capital punishment is not imposed or proposed: SC

To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.

Case Briefs High Courts

Failure to take due care while driving and overtaking amount to rash and negligent driving: Delhi High Court

While enhancing compensation in a motor accident claims case, the Delhi High Court opined that rash and negligent driving does not necessarily mean excessive speed. Not taking due care while driving and overtaking amounts to rash and negligent driving.

Case Briefs Supreme Court

‘No inconsistency between Regulation 30-A of IBBI Regulations and Section 12-A of IBC’; Supreme Court sets aside NCLT order

Supreme Court clarified that the substituted Regulation 30-A of IBBI Regulations clearly provided for withdrawal applications being entertained before constitution of Committee of Creditors.

Advance Rulings Case Briefs

Real Estate (Regulation and Development) Act, 2016 applicable only to ongoing projects, and which are to be developed after the commencement of the Act: Odisha RERA

ORERA reiterated that the projects which are completed and for which the completion certificate has been issued by the local or competent authority prior to the commencement of the Real Estate (Regulation and Development) Act, 2016, are not covered under the Act and therefore, has no application to such projects.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT reverses SEBI’s order in Arshad Warsi’s pump and dump case

Securities Appellate Tribunal: In the instant appeal filed against the ex parte ad-interim order passed by the Whole Time Members (WTM) of

Case Briefs High Courts

Rajasthan High Court grants conditional appointment to the post of Prabhodhak (Teacher) vis-à-vis Basic School Teacher Course advertisement

After three rounds of litigation and 15 years of struggle, the petitioners got a conditional order of appointment to the post of Prabodhak.

Case Briefs Supreme Court

‘Transfer of trial to another State will cause serious impediment’; Supreme Court refuses to transfer murder case trial outside State of West Bengal

Supreme Court commented on the patent illegalities and the pro-active exercise of multiple jurisdictions in the instant case.

Case Briefs High Courts

Whether a promise of marriage is false from its inception or is there a possibility of breach of promise? Madhya Pradesh High Court examines

Madhya Pradesh High Court observed that “Only a false promise to marry made with an intention to deceive a woman would vitiate the woman’s consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise.”

Case Briefs Supreme Court

No person accused of trading commercial quantity of narcotics is liable to be released on bail unless Court is satisfied of reasonable grounds proving innocence| SC

A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.

Case Briefs District Court

Delhi Court denies bail to Manish Sisodia in Delhi Liquor Excise Policy Case

The Delhi Court concluded that Manish Sisodia played the most important role in the said criminal conspiracy in the liquor policy case, being deeply involved in the formulation and implementation of policy ensuring the alleged objectives.

Case Briefs Supreme Court

Orissa High Court has rightly directed to pay Duty Callup Allowance for Home Guards; Supreme Court modifies the effective date

Supreme Court said that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time.

Case Briefs High Courts

Manipur High Court upholds District Magistrate’s power to re-verify the arms licenses already granted

The Manipur High Court upholds the notice issued by District Magistrate to arms holders for submitting their arms and licenses and the Court further opines that the issuing authority has a right to re-verify the arms licenses so granted.

Case Briefs High Courts

Delhi High Court | Bella Estate, Delhi residents not entitled to rehabilitation as per DUSIB Policy, 2015

Delhi High Court held Bella Estate Jhuggi dwellers not entitled to rehabilitation under Delhi Slum and JJ Rehabilitation and Relocation Policy 2015.

Case Briefs Supreme Court

Nature of allegations, Seriousness and Gravity of the offence must be considered along with cogent reasons for granting bail in serious offences; Supreme Court sets aside bail order of Allahabad HC

Supreme Court noted that one of the reasons for overcrowding of jails given by the Allahabad High Court in the impugned order cannot be considered for releasing on bail in the offences of serious nature

Case Briefs Supreme Court

Explained | Supreme Court explains the amendment of plaint under Order 6 Rule 17 of CPC and maintainability of fresh suit as per Order IX Rule 9 of CPC

Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice the defendant.

Case Briefs High Courts

Delhi High Court quashes summons issued to “The Wire” editors in a criminal defamation case filed by a former JNU Professor

The Delhi High Court quashes and sets aside summons issued to the editor and deputy editor of “The Wire” in a criminal defamation case filed by the former Professor of Jawaharlal Nehru University.

Case Briefs High Courts

Power to expand scope of ‘individual borrowers’ under RBI Circular, 2014 vests with RBI and not with High Court: Madras High Court

Madras High Court said that the circular dated 2-08-2019, cannot have any implication in respect of the sole proprietary concern of the petitioner i.e., “M/s. Murugan Idli Shop”.

Case Briefs High Courts

Allahabad High Court refuses relief to Bhim Army member accused of making hate speech against CM Adityanath, Bageshwar Baba and Dhirendra Shastri

Allahabad High Court said that it was apparent that the accused had made a derogatory and disrespectful comment against CM Adityanath as well as Bageshwar Baba and Dhirendra Shastri.

Case Briefs High Courts

Madras High Court orders disciplinary action against Deputy Secretary, Law Department for unruly behavior in Court premises

Ruckus and unruly behavior inside the Court amounts to scandalizing and lowering the authority of the Madras High Court, as well as interfering and obstructing with the administration of justice.

Case Briefs Supreme Court

Allegation of demand of gratification and acceptance made by a public servant must be established beyond a reasonable doubt; Supreme Court set aside order of conviction

Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.