Case Briefs Archives

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.

Case Briefs Supreme Court

For proving threat under S. 364-A IPC, intimidation of kidnapped victim, for the purpose of making him silent, cannot be enough.: SC

Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.

Case Briefs High Courts

Party cannot be held liable for failure of bank in sending money by RTGS; Calcutta High Court directs to issue discharge certificate

The Calcutta High Court quashed the imposition and recovery of penalty by the respondent authorities and directed them to refund the penalty amount and issue discharge certificate in favour of the petitioners.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Google-CCI Case] |NCLAT upholds Rs1,337 crore penalty on google for abuse of dominant position in Android Mobile Device Ecosystem

The Tribunal while upholding the impugned order passed by CCI dated 20-10-2022, set aside 4 key directions issued in paragraphs 617.3, 617.9, 617.10 and 617.7.

Case Briefs High Courts

University of Delhi arbitrarily cancels seat alloted to a candidate; Delhi High Court directs admission in next academic year 2023-24

The delay on part of the petitioner in approaching the Court had led to the conclusion of admission process, due to which the candidates with lower merit would got admission which stood crystalised. Therefore, no exceptional circumstances existed in warranting issuance of directions to admit the petitioner in the academic year 2022-23.

Case Briefs High Courts

Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case

“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court

Case Briefs Supreme Court

UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA

Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions

Case Briefs High Courts

[POCSO Act] Minor girl misrepresented her age and showed herself to be a major; Delhi High Court suspends sentence of a man accused of raping a minor girl

The Delhi High Court suspended the sentence of a man who was convicted for raping the minor girl after noting that the girl herself had misrepresented her age and showed herself to be a major.

Case Briefs High Courts

When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court

Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.