Case Briefs Archives

Delhi High Court set aside 1-year suspension of BJP MLA Vijender Gupta of Delhi Legislative Assembly

Delhi High Court observed that on perusal of the summary of proceedings, it was clear that there was disturbance caused during the sitting of the House by the petitioner and the ruling party members.

Case Briefs High Courts

[Right to be forgotten]|Orissa High Court directs State to remove intimate video of the victim from all social media platforms

Orissa High Court said that the legal possibilities of being forgotten On-line and Off-line, cries for widespread debate. It is also an undeniable fact that the implementation of the right to be forgotten is a thorny issue in terms of practicality and technological nuances.

Case Briefs High Courts

Can the Insolvency Court adjudicate upon the validity of Sale Deed without Section 53 application under Provincial Insolvency Act? Andhra Pradesh High Court answers

The Andhra Pradesh High Court directed the Official Receiver to cancel the sale deed as the same was without application of Section 53 of Provincial Insolvency Act.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967

Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.

Case Briefs High Courts

Recovery of penal rent from Air India employees for occupying Air India Colony held unlawful: Delhi High Court

The Delhi High Court held that without following due process of law, no penal rent could be deducted from the salaries of the employees of Air India Limited who failed to vacate the allotted accommodation.

Case Briefs Supreme Court

“Rule 3A(2) of Tripura Sales Tax Rules, 1976 does not change the chargeability or liability to pay tax”: Supreme Court upholds validity

Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.

Case Briefs High Courts

Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case

Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.

Case Briefs Supreme Court

COVID-19 Parole ends; Undertrial Prisoners/Convicts to return to prisons as Supreme Court directs them to surrender

The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.

Case Briefs High Courts

Allahabad HC declines to quash 23-year-old criminal case against Indian politician and congress MP Randeep Singh Surjewala

Allahabad High Court said that Randeep Singh had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 CrPC. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

Case Briefs High Courts

Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case

Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine

Case Briefs High Courts

Delhi High Court upheld life term of six murder convicts who shot a man dead in personal enmity

The Delhi HIgh Court opined that eyewitness running away and hiding at the time of firing and then coming for the rescue of the deceased is not unnatural as self-preservation is the first instinct of a human being.

Case Briefs High Courts

Workmen won’t be estopped from challenging retrenchment order if employer does not follow S. 25-F of Industrial Disputes Act: Jammu and Kashmir and Ladakh HC

Jammu and Kashmir and Ladakh High Court stated that workmen can challenge their retrenchment order even after accepting retrenchment amount in case their employer has not followed the mandate of S. 25-F of Industrial Disputes Act, 1947

Case Briefs High Courts

Madhya Pradesh High Court directs DRT to register case against Tata Motors Finance Ltd.

Madhya Pradesh High Court held that no document needs to be provided for registering an application under S. 17 of the SARFAESI Act, when the same is not a condition precedent required under the said Section.

Case Briefs

Live | 1st NHRC-NUSRL Moot Court Competition 2023

1ST NHRC-NUSRL NATIONAL MOOT COURT COMPETITION, 2023 The National University of Study and Research in Law is pleased to be hosting the

Case Briefs High Courts

Delhi High Court grants permanent injunction to SanDisk LLC for its trade marks ‘SanDisk’ and ‘Cruzer Blade’; awards Rs. 5 lakhs as damages

The Delhi High Court granted permanent injunction to SanDisk LLC for its trade mark ‘SanDisk’ and ‘Cruzer blade’. Additionally, Rs. 5 lakhs were awarded as damages.

Case Briefs High Courts

Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act

Allahabad High Court said that if a case disclosing commission of an offence under remedial statute like Muslim Women (Protection of Rights on Marriage) Act, 2019 is nipped in the bud, the Statute aforesaid, which seeks to curtail a long-standing practice in society, would be bogged down.

Case Briefs High Courts

Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case

Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.

Case Briefs High Courts

Acceptance of payment from a ‘stranger’ is unbecoming of a Judicial Officer; Delhi High Court refuses to interfere with termination order

The post of Judicial Officer is a coveted one with responsibilities attached to it and one is expected to be unceremonious, prudent, and not take things in an easy manner.

Case Briefs Supreme Court

SCBA cannot assert right over 1.33 acres of Supreme Court land for constructing lawyers’ chambers; Supreme Court dismisses petition filed by Senior Advocate Vikas Singh

The Supreme Court observed that such matters cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court.

Case Briefs High Courts

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.