Case Briefs Archives

Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case

Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.

Case Briefs Supreme Court

COVID-19 Parole ends; Undertrial Prisoners/Convicts to return to prisons as Supreme Court directs them to surrender

The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.

Case Briefs High Courts

Allahabad HC declines to quash 23-year-old criminal case against Indian politician and congress MP Randeep Singh Surjewala

Allahabad High Court said that Randeep Singh had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 CrPC. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

Case Briefs High Courts

Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case

Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine

Case Briefs High Courts

Delhi High Court upheld life term of six murder convicts who shot a man dead in personal enmity

The Delhi HIgh Court opined that eyewitness running away and hiding at the time of firing and then coming for the rescue of the deceased is not unnatural as self-preservation is the first instinct of a human being.

Case Briefs High Courts

Workmen won’t be estopped from challenging retrenchment order if employer does not follow S. 25-F of Industrial Disputes Act: Jammu and Kashmir and Ladakh HC

Jammu and Kashmir and Ladakh High Court stated that workmen can challenge their retrenchment order even after accepting retrenchment amount in case their employer has not followed the mandate of S. 25-F of Industrial Disputes Act, 1947

Case Briefs High Courts

Madhya Pradesh High Court directs DRT to register case against Tata Motors Finance Ltd.

Madhya Pradesh High Court held that no document needs to be provided for registering an application under S. 17 of the SARFAESI Act, when the same is not a condition precedent required under the said Section.

Case Briefs

Live | 1st NHRC-NUSRL Moot Court Competition 2023

1ST NHRC-NUSRL NATIONAL MOOT COURT COMPETITION, 2023 The National University of Study and Research in Law is pleased to be hosting the

Case Briefs High Courts

Delhi High Court grants permanent injunction to SanDisk LLC for its trade marks ‘SanDisk’ and ‘Cruzer Blade’; awards Rs. 5 lakhs as damages

The Delhi High Court granted permanent injunction to SanDisk LLC for its trade mark ‘SanDisk’ and ‘Cruzer blade’. Additionally, Rs. 5 lakhs were awarded as damages.

Case Briefs High Courts

Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act

Allahabad High Court said that if a case disclosing commission of an offence under remedial statute like Muslim Women (Protection of Rights on Marriage) Act, 2019 is nipped in the bud, the Statute aforesaid, which seeks to curtail a long-standing practice in society, would be bogged down.

Case Briefs High Courts

Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case

Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.

Case Briefs High Courts

Acceptance of payment from a ‘stranger’ is unbecoming of a Judicial Officer; Delhi High Court refuses to interfere with termination order

The post of Judicial Officer is a coveted one with responsibilities attached to it and one is expected to be unceremonious, prudent, and not take things in an easy manner.

Case Briefs Supreme Court

SCBA cannot assert right over 1.33 acres of Supreme Court land for constructing lawyers’ chambers; Supreme Court dismisses petition filed by Senior Advocate Vikas Singh

The Supreme Court observed that such matters cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court.

Case Briefs High Courts

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[District Police Constable Driver Recruitment] MAT| Clause prohibiting application for one and the same post in more than one unit in the advertisement notice not violative of Article 14, 16 and 19

The Tribunal observed that the act of filling in 2 applications for one and the same post in more than one Unit cannot be accepted to be an inadvertent or innocent act.

Case Briefs High Courts

Punjab and Haryana High Court grants anticipatory bail to Sukhbir Singh Badal in Kotkapura firing case

While disposing of the Sukhbir Singh Badal’s bail matter in Kotkapura firing case, Punjab and Haryana High Court refused to comment on the allegations against present political setup.

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court 5-Judge Bench considers the existence of Doctrine of Group of Companies in Indian jurisprudence vis-à-vis Arbitration Act

Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.

Case Briefs High Courts

“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days

In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.

Case Briefs High Courts

Issue of consent in sexual assault offences requires scrutiny; Delhi High Court upholds Trial Court’s Order of discharging a man accused of raping a married woman for 12 years

The Delhi High Court opined that the woman’s consent was implied and express and not coerced by deceit as she maintained the physical relationship with the man for 12 years and thus, the Court upheld Trial Court’s Order of discharging a man who was accused of raping her.

Case Briefs High Courts

Delhi High Court| State Government made efforts to rehabilitate jhuggi dwellers on paper, but the ground reality is far from desirable

Delhi High Court reiterated that the right to housing is a part and parcel of the right to livelihood, health, food, clean drinking water, sewerage and transport facilities, such facilities must be provided to individuals who will be relocated.