Case Briefs Archives

Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007

Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss

Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General

Case Briefs High Courts

Portuguese national of Indian origin illegally restrained and detained by Air India Officials at Delhi Airport; Delhi High Court directs Air India Officials to arrange a flight to Ahmedabad for the Portuguese national

The Delhi High Court directs the Air India Officials to arrange for a flight to Ahmedabad for the Portuguese national of Indian origin who was illegally restrained and detained at the Delhi Airport by the Air India Officials.

Case Briefs High Courts

Bombay High Court grants anticipatory bail to auto driver in a POCSO matter

Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.

Case Briefs Foreign Courts

[LGBTQ+ Rights] | LGBTQ+ community have the Right to Freedom of Association, which includes the right to form an association of any kind: Supreme Court of Kenya

With a ratio of 3:2, the Supreme Court of Kenya delivered a significant decision by holding that it would be unconstitutional to limit the right to form association purely based on sexual orientation.

Case Briefs High Courts

Furlough cannot be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence: Delhi High Court

The Delhi High Court observed that furlough could not be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

An Independent Election Commission of India as envisioned by Supreme Court’s Constitution Bench: Breakdown of the 378-pages long verdict

The Supreme Court has directed that the Chief Election Commissioner and Election Commissioners shall appointed by the President on the advice of the Committee of the Prime Minister of India, the leader of opposition in Lok Sabha and the Chief Justice of India. This will curtail the devastating effect of continuing to leave appointments in sole hands of the Executive on Fundamental Rights and values.

Case Briefs Supreme Court

Economic offences under PMLA not to be treated lightly, Courts should tread meticulously before granting bail: Supreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case Briefs High Courts

Calcutta High Court dismisses change in classification of Tariff heading to avail lower rate of Tariff under GST regime

Calcutta High Court upheld AAAR’s order and held that Polypropylene Leno Bags made from Plastic Granules cannot be treated as Textile Articles.

Case Briefs High Courts

“Student had obtained a seat in JIPMER, Puducherry surreptitiously and based on a false declaration”; Madras HC directs authorities to take necessary action

Madras High Court without cancelling the seat of the student, directed the respondents to take necessary action based on the declaration that the student had obtained a seat through a false declaration.

Case Briefs Supreme Court

Adani-Hindenburg Report | Supreme Court constitutes Expert Committee; Directs SEBI to conclude investigation in 2 months

The Supreme Court constituted an Expert Committee headed by a Former SC Judge for reviewing regulatory framework and directed SEBI to expeditiously conclude the investigation within 2 months.

Case Briefs High Courts

Resignation once accepted, cannot be allowed to be withdrawn: Rajasthan High Court

“A “resignation” of a Public Office, when made with an intention of relinquishing the office, accompanied by an act relinquishment, then nothing further is required. Resignation once accepted, cannot be allowed to be withdrawn.” Observed the High Court

Case Briefs High Courts

Madras HC cracks down on school for denial of admission to child diagnosed with Autism Spectrum Disorder

Madras High Court found the refusal for admission to child suffering from mild autism spectrum disorder to be distressing and violating the child’s fundamental right to education.

Case Briefs High Courts

Delhi High Court permits extradition of a German national to face trial for sexual offences against children under the German Criminal Code

The Delhi High Court upheld the order of ACMM for extradition of a German national to the Government of Federal Republic of Germany to face trial for sexual offences against children under the German Criminal Code.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on prospective applicability of MHA Notification restricting OCI cardholders from competing with Indian Citizens in NEET

The Supreme Court held that the impugned notification taking away the accrued rights of OCI cardholders should have prospective effect on children born after the said date.

Case Briefs High Courts

Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest

Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.

Case Briefs High Courts

Karnataka State Commission for Protection of Child Rights is an advisory body and has no power to adjudicate any lis between two parties: Karnataka High Court

The Karnataka High Court held that order granting visitation rights to the father is outside the jurisdictional scope of Karnataka State Commission for Protection of Child Rights.

Case Briefs High Courts

Bombay High Court permits Municipal Corporation of Greater Bombay to execute project for providing adequate water supply to citizens around Gorai Village

The Bombay High Court held that the Petitioner’s proposed project is for providing water for the citizens of Gorai village as the said project certainly falls under the permitted exceptions in the scheme of the things provided for CRZ as well as protection of mangroves.

Case Briefs Supreme Court

Explained| Supreme Court’s power under Section 406 CrPC to transfer Section 138 NI Act cases and effect of non-obstante clause under Section 142(1) NI Act

Supreme Court said that as four of the six cases have been filed by the respondent company before the Dwarka Courts at New Delhi and only two such cases are pending before the Courts at Nagpur, it would be convenient and in the interest of all concerned, that the cases be transferred to the Dwarka Courts at New Delhi.

Case Briefs High Courts

NGT to strictly abide by the RTI application and provision of RTI law, directs Delhi High Court

The Delhi High Court stated that National Green Tribunal is a national tribunal, and hence, its RTI cell should function properly in accordance with the timelines and rules prescribed under the RTI Act and Rules.