Case Briefs Archives

‘Not enough material to upset Trial Court’s acquittal order, especially when there was no evidence regarding death being result of homicide’; SC sets aside husband’s conviction under S. 302 IPC

The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.

Case Briefs High Courts

Merely because suicide is committed in parental home and not matrimonial home, does not mean it is not a case of dowry death: Delhi HC dismisses bail application

The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.

Case Briefs High Courts

Bombay HC dismisses PIL alleging illegality in the tender process for providing ambulances for Emergency Response Service

The State Government is required to follow the guidelines laid down by National Health Mission Conditionalities Framework 2022-2024 and increase the number of ambulances as per the population norms.

Case Briefs High Courts

MP High Court seeks State response on detention of a man over alleged WhatsApp threat to Prime Minister’s cavalcade

“In a democratic country, protestors can protest but they cannot disturb the protocol of Prime Minister and Vice President;” State argued.

Case Briefs High Courts

MP High Court seeks State’s response over accountability for missing liquor stock allegedly handed over in panchnama

The question regarding State’s accountability for missing liquor stock is not a mere contractual dispute

Case Briefs High Courts

Delhi High Court orders takedown of Rajdeep Sardesai’s video for violating Shazia Ilmi’s privacy; Defamation claims partially accepted

The plaintiff is aggrieved by the incident which occurred at her residence on 26-07-2024 in the late evening, after she withdrew her participation from a live debate programme (‘live debate’) hosted by Rajdeep Sardesai premised on ‘Kargil Diwas’ and ‘Agniveers’, telecasted at 9:00 PM on India Today Television.

West Bengal SSC teacher recruitment scam

Case Briefs

Know why Supreme Court upheld Calcutta High Court’s decision to cancel entire West Bengal SSC teacher recruitment process of 2016

“Despite the factual background and the credible evidence indicating irregularities, WBSSC initially did try and cover up the lapses and illegalities. The cover up itself has made the verification and ascertainment more difficult or rather impossible given the scale of camouflage and dressing up done at each stage. We are convinced that the entire selection process was intentionally compromised due to the illegalities involved.”

Case Briefs High Courts

Delhi HC grants permission for transplantation of 26 trees to facilitate Supreme Court expansion project

The Court stated that the applicant should obtain necessary permissions from the municipal authorities concerned to see if more trees can be planted on the road leading to the Supreme Court as the same was enveloped with fully grown trees till some years ago.

Case Briefs High Courts

‘Accused person died while in police custody, requires thorough investigation’; Bombay HC directs to constitute a SIT in Badlapur Encounter Case

Crimes affect entire society and thus the legitimate interest of the society in the investigation cannot be easily brushed aside. It is important to strengthen the faith and confidence of the people in law enforcing agency and this institution, lest the faith of the people in administration of justice stands shaken.

Case Briefs High Courts

Advocate General can represent any autonomous body/Corporation of State or charge independent professional fees: MP High Court

The Court did not find “any illegality prima facie in the case of engaging lawyers by the autonomous body i.e. MPNRC and paying the professional fees as per their norms.”

Case Briefs High Courts

Why Muslim civilians denied prayer rights at Masjid Noor situated at defence land? MP High Court seeks clarification

The Court took a prima facie view of the matter and issued notice to all respondents.

Case Briefs High Courts

Delhi High Court directs Wikipedia to delete defamatory allegations against news agency ANI and restore public editing rights on its page

Defendants 2 to 4 edited the page pertaining to the plaintiff to include allegedly false, misleading and defamatory remarks/content against the Plaintiff. It is stated that the remarks and statements against the plaintiff form a substantial portion of the Plaintiff’s Page, which is accessible to users and non-users of the Platform.

Case Briefs Supreme Court

Electricity Act, 2003 mandates that Regulations framed by the State Commissions must serve larger public interest: Supreme Court

“The Electricity Act, 2003 envisions a structured and fair mechanism for open access while ensuring that market participants do not engage in practices detrimental to the larger consumer base”.

Case Briefs High Courts

MP High Court upholds Indore Municipality’s traffic control measures at ‘56 Dukan’ Food Street

“Traffic jams are not new to the world and are known to be highly contagious … if the vehicles are allowed to enter in the 56 Dukan area from MG road, it would lead to a total chaos.”

Case Briefs High Courts

Delhi HC issues directions for considering guardianship application and protection of children’s properties

Courts are zealous guardians for the protection of the properties of minors and efforts must be made to ensure that the properties are immediately secured so that they are not frittered by unscrupulous relatives who like vultures want to prey on the meagre belongings that have been left behind.

Case Briefs High Courts

‘Cannot be rendered stateless, residing in India for past 60 years’; Bombay HC directs authority to consider woman’s citizenship plea

Respondent 3-Deputy Collector (General), Mumbai, disposed of the petitioner’s application holding that she is a stateless national and has given incorrect details regarding the validity of her visa.

Case Briefs High Courts

‘Failed to seek report of Prison Superintendent; District Judge’s opinion reflected Trial Court’s order’; Meghalaya HC allows remission of murder convict’s life sentence

While passing the impugned remission decision, the Presiding Officer could not have relied on the opinion of the District Judge, and such impugned order was passed on a wrong premise.

Case Briefs Supreme Court

Candidate without minimum qualifications prescribed by expert body not entitled to appointment or promotion in educational institutions: Supreme Court

“The teachers who failed to acquire a Ph.D. within seven years as required, cannot be designated as Associate Professors nor be entitled to the higher pay scale.”

Case Briefs Supreme Court

Principle of ‘over-qualification is not disqualification’ cannot be put in a straitjacket imposing rigid rules or norms: SC

The Court refused to grant relief under Article 142 of the Constitution to a candidate applying for post of Boat Lascar, as he gained entry through a process which was not legal and valid.

Case Briefs High Courts

Co-opted bar council members entitled to equal rights and privileges; cannot be treated as separate class from elected members: Kerala High Court

“The term “elected members” in the resolution shall also include the petitioners. As a result, the petitioners were entitled to all the rights and privileges accorded to the elected members of the Bar Council of Kerala as outlined in the resolution.”