Case Briefs Archives

Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court

While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.

Case Briefs High Courts

Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case

The Manipur High Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention in a drug trafficking case.

Case Briefs Supreme Court

‘Uncommunicated grade’ cannot be relied upon for promotion; Supreme Court directs Departmental Promotion Committee to consider the case afresh

The Supreme Court set aside the DCP proceedings held in the year 2021 denying the promotion to the petitioner for the post of Assistant Registrar.

Case Briefs High Courts

[Mass Religious Conversion Case] Not only period of punishment, but nature of offence should also be taken into consideration while granting anticipatory bail: Allahabad High Court

Allahabad High Court said that it cannot close its eyes to the fact that the material evidence has been collected regarding mass conversion of persons and this case has taken a far more serious turn where the victims are coming forward to give evidence, thus, in case anticipatory bail is granted, same would hamper process of investigation.

Case Briefs Supreme Court

Whether a constable can be reinstated in the Police force on his acquittal in the criminal case? Supreme Court answers

Supreme Court reiterates that mere acquittal does not entitle an employee to reinstatement in service. The acquittal must be honourable.

Case Briefs Tribunals/Commissions/Regulatory Bodies

RBI imposes penalty of Rs. 3.06 crore on Amazon Pay (India) Private Limited for non-compliance of KYC requirements

On 3-3-2-2023, the Reserve Bank of India (‘RBI’) imposed a penalty of Rs. 3.06 crore on Amazon Pay (India) Private Limited for

Case Briefs District Court

“Prosecution has miserably failed to prove ‘misappropriation’ by the accused”; Saket Court acquits accused in economic offences case

In a case pertaining to Criminal breach of trust, cheating, forgery, and falsification of accounts, the Saket District Court acquits the accused, as the prosecution failed to establish the ingredients of the offences beyond reasonable doubt.

Case Briefs High Courts

Rajasthan High Court directs to destroy record of conviction of the child in conflict with law; No ground to deny appointment as a police constable

The Court held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time from being employed in Government service.

Case Briefs High Courts

Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007

Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss

Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General

Case Briefs High Courts

Portuguese national of Indian origin illegally restrained and detained by Air India Officials at Delhi Airport; Delhi High Court directs Air India Officials to arrange a flight to Ahmedabad for the Portuguese national

The Delhi High Court directs the Air India Officials to arrange for a flight to Ahmedabad for the Portuguese national of Indian origin who was illegally restrained and detained at the Delhi Airport by the Air India Officials.

Case Briefs High Courts

Bombay High Court grants anticipatory bail to auto driver in a POCSO matter

Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.

Case Briefs Foreign Courts

[LGBTQ+ Rights] | LGBTQ+ community have the Right to Freedom of Association, which includes the right to form an association of any kind: Supreme Court of Kenya

With a ratio of 3:2, the Supreme Court of Kenya delivered a significant decision by holding that it would be unconstitutional to limit the right to form association purely based on sexual orientation.

Case Briefs High Courts

Furlough cannot be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence: Delhi High Court

The Delhi High Court observed that furlough could not be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

An Independent Election Commission of India as envisioned by Supreme Court’s Constitution Bench: Breakdown of the 378-pages long verdict

The Supreme Court has directed that the Chief Election Commissioner and Election Commissioners shall appointed by the President on the advice of the Committee of the Prime Minister of India, the leader of opposition in Lok Sabha and the Chief Justice of India. This will curtail the devastating effect of continuing to leave appointments in sole hands of the Executive on Fundamental Rights and values.

Case Briefs Supreme Court

Economic offences under PMLA not to be treated lightly, Courts should tread meticulously before granting bail: Supreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case Briefs High Courts

Calcutta High Court dismisses change in classification of Tariff heading to avail lower rate of Tariff under GST regime

Calcutta High Court upheld AAAR’s order and held that Polypropylene Leno Bags made from Plastic Granules cannot be treated as Textile Articles.

Case Briefs High Courts

“Student had obtained a seat in JIPMER, Puducherry surreptitiously and based on a false declaration”; Madras HC directs authorities to take necessary action

Madras High Court without cancelling the seat of the student, directed the respondents to take necessary action based on the declaration that the student had obtained a seat through a false declaration.

Case Briefs Supreme Court

Adani-Hindenburg Report | Supreme Court constitutes Expert Committee; Directs SEBI to conclude investigation in 2 months

The Supreme Court constituted an Expert Committee headed by a Former SC Judge for reviewing regulatory framework and directed SEBI to expeditiously conclude the investigation within 2 months.

Case Briefs High Courts

Resignation once accepted, cannot be allowed to be withdrawn: Rajasthan High Court

“A “resignation” of a Public Office, when made with an intention of relinquishing the office, accompanied by an act relinquishment, then nothing further is required. Resignation once accepted, cannot be allowed to be withdrawn.” Observed the High Court