Case Briefs Archives

Nepal Student’s Death at KIIT | Orissa HC grants interim relief, stays NHRC proceedings

On 16-02-2025, the deceased victim was found dead in her room on the premises of KIIT.

Read why MP High Court stayed proceeding under Section 307 IPC against BJP leader Akshay Kantilal Bam till next date of hearing

The Court directed the State to requisition and submit the case diary and relevant documents before the next date of hearing.

Case Briefs Supreme Court

Provisions of Order XII Rule 6 of CPC are enabling, discretionary and permissive: Supreme Court

The Court also affirmed interpretation of Rule 6 by Delhi High Court in ITDC Limited v. Chander Pal Sood, wherein the High Court had held that Rule 6 gives a wide discretion to the Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Necessary permissions were taken’; NGT dismisses plea against illegal tree cutting in Adani’s Chhattisgarh Coal mining project

National Green Tribunal directed for necessary plantation to maintain the ecology in the area.

Case Briefs Supreme Court

Constitutional scheme doesn’t grant any ‘pocket/absolute veto’ to the President & Governor in discharge of functions under Arts 200/201: SC

“Article 200 of the Constitution cannot be read in a manner which allows the Governor to not take action upon bills which are presented to him for assent and thereby delay and essentially roadblock the law-making machinery in the State”.

governor president power judicial review

Case Briefs Supreme Court

When can Governor & President’s exercise of powers under Arts. 200 and 201 respectively, come under Judicial Review? SC elucidates

The Court expressed hope and trust that the Governor and the Tamil Nadu Government would work in tandem and harmoniously keeping the interests and well-being of the people as their paramount consideration.

Case Briefs High Courts

Kerala High Court grants 15 days parole to businessman Mohammed Nisham, serving life sentence in security guard murder case

“Even those undergoing imprisonment must be allowed to breathe the air of freedom, albeit briefly, provided they have exhibited consistently good conduct during incarceration and demonstrated a genuine inclination towards reformation and reintegration”

Case Briefs High Courts

‘Amendment of charges post witness examination should not lead to de novo trial’; Allahabad HC upholds conviction of seven men in honour killing case

Allahabad High Court said that the deposition of the informant, recorded during his examination-in-chief and cross-examination prior to the amendment of charges, could not be discarded merely because of his subsequent statements made during the later examination-in-chief conducted after the inclusion of Sections 504 and 506 IPC.

Case Briefs Supreme Court

‘Allegations are not against IPS officer but against person impersonating as IPS officer’; SC sets aside HC’s order transferring investigation to CBI

The High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations. The “ifs” and “buts” without any definite conclusion are not sufficient to put an agency like CBI into motion.

Case Briefs High Courts

Madras High Court allows Indu Makkal Katchi members to garland Dr. B.R. Ambedkar statue on his 135th Birth Anniversary, subject to conditions

The petitioner was entitled to be granted permission as prayed for, as he had submitted an affidavit of undertaking, wherein he had agreed to abide by any conditions that might be imposed by the respondents, particularly the police, in connection with the event.

Case Briefs High Courts

Missing liquor stock case | MP High Court rejects Senior Advocate’s unconditional apology for ‘causing ruckus’ in Court

When the Court asked the Senior Advocate about the presence of respondent 5 in Court, instead of responding to the query, he created a ruckus in the Court by shouting at top of his voice, which is recorded in the live-streamed recording of the Court.

Case Briefs High Courts

Missing liquor stock case | MP High Court refers matter regarding Senior Advocate’s designation before Full Court due to misconduct in Court

R. 55A(i) Registration Rules ultra vires

Case Briefs Supreme Court

SC declares R. 55A(i) of Registration Rules as ultra vires for being inconsistent with provisions of Registration Act, 1908

“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.

Case Briefs High Courts

‘No global manhunt needed for absconding employee, sending residential notice is sufficient’; J&K and Ladakh High Court upholds suo moto enhanced punishment

“It is only in rare and exceptional cases that the Court may substitute its own view as to the quantum of punishment.”

Case Briefs High Courts

‘Husband’s promise to marry as per religious customs cannot be said to be false promise once marriage is legally registered’; Bombay HC quashes rape and cheating case against husband

Respondent 3 was fully aware of the bond of matrimony existing between her and the petitioner after the civil registration of their marriage and consciously decided to engage in consensual sexual interactions. So, it cannot be said that her consent for sexual relationship is vitiated by a promise to marry based on religious customs.

Case Briefs Supreme Court

“Consensual relationships, where possibility of marriage may exist, cannot be given a colour of false pretext to marry after fall out”; SC quashes rape case against former judge

“The incident is of the year 2014 and any further litigation, will only prolong the suffering of both the parties, who are living their own separate lives”

Case Briefs Supreme Court

Read why Supreme Court upheld DHFL’s resolution plan by Piramal Capital and set aside NCLAT’s order

“There is a clear distinction between the Avoidance Applications that may be filed by the Resolution Professional in view of Section 25(2)(j), for avoidance of transactions in accordance with Chapter III of the IBC, and the applications that may be filed in respect of the fraudulent trading or wrongful trading under Section 66, which falls under Chapter VI of the IBC.”

Case Briefs High Courts

S. 14(1) HMA | Court’s discretion to allow divorce plea in 1 year of marriage, only if substantiated with separate application seeking permission to file for divorce

The statutory mandate under Section 14 of the HMA serves a crucial purpose in discouraging hasty dissolution of marriages and ensuring due deliberation before seeking divorce.

Case Briefs Supreme Court

Supreme Court issues notice in challenge to Punjab & Haryana High Court’s decision on EWS reservation in PPSC Agriculture Development Officer recruitment

Punjab & Haryana HC in the impugned judgment clarified that EWS candidates who are selected based on merit and not on account of reservation, are not to be counted towards the quota meant for reservation.

Case Briefs High Courts

District Judge, not District Magistrate, has jurisdiction under S. 16(3) of Telegraph Act to adjudicate adequacy and sufficiency of compensation: Allahabad HC reiterates

“The Writ Court cannot substitute its wisdom with the policy making authorities unless it suffers from conditional infirmity. In view of the above, the present writ petition, which primarily seeks judicial intervention in a policy matter, does not warrant the Court’s indulgence at this stage.”