Case Briefs Archives

Delhi High Court refuses to grant relief in a contract being determinable in nature and hence, not enforceable

Delhi High Court observed that that the Sole Arbitrator was well within its jurisdiction to declare the Agreement dated 23-03-2001 as determinable agreement in view of the statement of claim of the respondent and Terms of the said Agreement.

Case Briefs Supreme Court

Explained| Why Supreme Court quashed forgery, cheating case against late Prakash Singh Badal and son Sukhbir

The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal

Case Briefs High Courts

Allahabad High Court grants bail to 16-year-old boy accused of killing mother for restraining him from playing PUBG

Allahabad High Court said that the FIR has been lodged by the grandmother of the accused and she is not an eyewitness. The other witnesses are also not the eyewitnesses in the instant matter and only on hearsay basis, the bail of the accused has been rejected.

Case Briefs High Courts

Section 15 of HMA does not make any distinction between a contested decree and an ex parte decree; Delhi High Court upholds second marriage of husband

Delhi High Court observed that an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.

Case Briefs High Courts

Approaching police without resorting to special procedure under IB Code to arm twist the Resolution Professional is inappropriate: Madras High Court

Madras High Court said that there is no reason why the complaint was not filed either before IBBI or NCLT for the alleged fraud.

Case Briefs Supreme Court

SC’s direction to Uttarakhand Public Service Commission to provide scribe helps Judicial Service aspirant with writer’s cramp in appearing Preliminary Examination

The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.

Case Briefs High Courts

[Section 34 of Arbitration Act] A well-reasoned arbitral award cannot be interfered with: Delhi High Court

The Arbitral Tribunal is a creature of Contract, and the Contract is the only basis on which the Learned Tribunal should adjudicate, apart from the general provisions of law and jurisprudence.

Case Briefs Foreign Courts

Quebec’s ban on possession and cultivation of cannabis for personal purposes held constitutionally valid: Canada SC

The prohibitions set out in the Cannabis Regulation Act, 2018 are a means of serving the health and security of the public.

Case Briefs High Courts

Orissa HC holds State Government liable for Contempt for non-implementation of Shetty Commission’s recommendations

The Court directed the State authorities to implement the recommendations made by the Shetty Commission within the period of three months.

Case Briefs High Courts

Evidence of a sexual offence victim is entitled to great weight, even in absence of corroboration; Allahabad High Court reiterates

Women or girl raped is not an accomplice and to insist on corroboration of the testimony, amounts to insult to womanhood.

Case Briefs High Courts

[Juvenile Justice] Aadhaar not a valid document for proof of age of Prosecutrix under Juvenile Justice Rules: Madhya Pradesh High Court

JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.

Case Briefs High Courts

Whether Doctrine of lis pendens applicable on in-service contracts? Delhi High Court answers

Section 52 of the Transfer of Property Act is an expression of the principle “pending a litigation nothing new should be introduced”. It provides that pendente lite, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his appointment

Case Briefs High Courts

Delhi High Court issues directions and recommendations to MEITY and Delhi Police to deal cases regarding Non-consensual intimate images dissemination

There is an abysmal absence of a collaborative effort that should ideally be undertaken by the intermediaries and the State.

Case Briefs High Courts

Agreement specifying ‘no interest to be granted’ takes away Arbitrator’s power to deviate and grant his own interest rate: Delhi High Court

Even if the Arbitrator is successful in justifying his reasons for deciding a rate of interest, the Agreement between the parties being the birth-giver, should be held at a higher stature when it concerns an issue that has been pre-decided and mutually agreed upon by the parties.

Case Briefs Supreme Court

Reformative element requires equal attention before imposing fixed term sentence without remission: Supreme Court

The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.

Case Briefs Supreme Court

West Bengal Teachers’ Recruitment Scam| Justice Abhijit Gangopadhyay versus Supreme Court: Explained

In an interview with ABP Ananda, Justice Gangopadhyay had made remarks against TMC leader Abhishek Banerjee in relation to the West Bengal Teachers Recruitment Scam case, which was pending before him.

Case Briefs District Court

Untrace report filed after 5 years by the IO without conducting proper investigation; Saket Court remanded back the matter for further investigation

The Court rebuked that IO for believing whatever the alleged suspects were stating as the gospel truth.

Case Briefs High Courts

Madras High Court directs Kalakshetra Foundation to constitute ICC and frame policy to prevent sexual harassment

This order will not stand in the way of the Committee constituted under the Chairmanship of Justice K.Kannan (Retd.) to enquire into the matter as per the terms of reference and there will also be no fetters on the law enforcing agency from proceeding with the investigation in accordance with law.

Case Briefs High Courts

[Online Fantasy Sports] Delhi High Court refuses injunction sought against Mobile Premier League and its app ‘Striker’

The Court opined that the NFT Player Cards are in fact ‘in-game’ assets to be used for enhancing the experience of playing the game.

Case Briefs High Courts

Violence in one form or other is not sine qua non for a group to qualify as a gang under UP Gangsters and Anti-Social Activities (Prevention) Act: Allahabad High Court

Allahabad High Court reiterated that a statute should be read and understood according to its plain grammatical meaning, unless that construction leads to an absurd result, or defeats the object and the very purpose of it