Case Briefs Archives

United States Court of Appeals (Seventh Circuit)

US Court of Appeals (7th Circuit) reverses bar on enforcement of Indiana law requiring abortion providers to dispose of foetal remains either by burial or cremation

The court has reversed the US District Court order that had barred the enforcement of a law passed by Southern District of Indiana, requiring the medical providers to dispose of foetal remains via burial or cremation instead of as “medical waste” stating that the law violated the First Amendment.

Case Briefs High Courts

Punjab and Haryana High Court | FSL report forms the foundation of NDPS cases; its absence renders Section 173 CrPC report insufficient

Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Necessary safeguards to be adopted for safety of the pilgrims and protection of environment at Amarnath

The Government of Jammu & Kashmir is committed to make the Yatra, environment friendly and is bound to always comply with the environmental norms and is committed to ensure that such disasters are never repeated in future.

Case Briefs High Courts

‘Sentencing policy’s twin objective is deterrence and correction’; Bombay High Court reduces POCSO convict’s sentence in a 7-year-old’s sexual assault case

The Court observed that the convict was a young boy of 20 years, who has no father, and was shouldering the responsibility of his widowed sister and her son, hence, imprisonment for a term of 14 years would be adequate, to teach him a lesson.

Case Briefs High Courts

Can a wife claim maintenance under S. 125, CrPC after obtaining a maintenance order in her favour under DV Act? Bombay HC answers

Bombay High Court: In a case where simultaneous maintenance claims were under different enactments, S.G. Mehare, J., held that mere

Case Briefs High Courts

Bombay High Court temporarily injuncts Griffon Biometrix Pvt Ltd. from using the word GRIFF or GRIFFON; Usage of the same amounts to infringement and passing off

Prima facie, it appears that the defendant entered the market with the impugned mark in the year 2018, only to ride upon the goodwill earned by the plaintiff over a considerable period.

Case Briefs High Courts

Punjab and Haryana High Court grants compensation to an unmarried daughter under Motor Vehicles Act

Punjab and Haryana High Court while disposing of the appeals challenging compensation awarded by Motor Accidents Claims Tribunal held, unmarried daughter is financially dependent on her deceased father and entitled for compensation.

Case Briefs High Courts

Opinion of the Medical Board in cases of termination of pregnancy is of considerable importance; Delhi High Court enlists standard factors on which the Opinion should be given by the Board

Delhi High Court: In a case filed seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (MTP

Case Briefs Supreme Court

Refusal to maintain senior citizen not a ground for cancellation of Gift or Release deed in absence of specific condition for providing maintenance: SC

“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.”

Case Briefs High Courts

[NOXGUARD v. NONS] Bombay HC denies interim relief to Canadian pharmaceutical company in a confidentiality agreement breach suit

Bombay High Court: While addressing a case relating to confidentiality agreement breach, the Division Bench of Arif S. Doctor and K. R.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Timeline laid by Supreme Court cannot be extended by NGT: National Green Tribunal

National Green Tribunal | A bench comprising of Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial Member), JJ., and A. Senthil

Case Briefs Tribunals/Commissions/Regulatory Bodies

Date of default and acknowledgement are two different events; NCLAT imposes penalty of Rs. 25 lakhs for attempting to stop implementation of a RERA order

National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Ashok Bhushan*, J., Dr.

Case Briefs High Courts

Karnataka HC | Healthcare Global Enterprises’ loss of profit due to price regularisation of essential anti-cancer drugs, is not a ground for judicial review of a Government Policy

A Government Order regulating, and rationalising prices of essential anti-cancer drugs was challenged before the Karnataka HC. The Court clearly stated that the challenge vis-a-vis petitioner’s loss of profit, cannot be sustained

Case Briefs High Courts

Reappointment is not a vested right; Gujarat High Court denies to grant any direction to complete the reappointment process of a Judicial Member at NCLT

Gujarat High Court held that a writ cannot be issued to direct the authorities to complete the reappointment process on time

Case Briefs Supreme Court

POCSO| Supreme Court grants pre-arrest bail to a public servant accused of rape

The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.

Case Briefs High Courts

[Levana Suites Fire Case] Knowledge of an accused that his act would likely cause death is necessary to attract S. 304, IPC; Allahabad High Court grants bail in absence thereof

Allahabad High Court: In an application filed under Section 439, Criminal Procedure Code seeking bail in FIR No. 317 of 2022, registered

Case Briefs High Courts

‘Contradictory Dying Declarations containing consistent statements about abuse and cruelty can be considered’;Telangana High Court upholds conviction of husband

The Telangana High Court upheld the conviction of a husband under Section 498A of Penal Code, 1860 (IPC) despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations.

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

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.

Case Briefs High Courts

Family Courts are reluctant to release maintenance amount and unwantedly insist for release orders; Kerala High Court directs Family Courts to release the arrears of maintenance

Kerala High Court: In a case filed seeking the release of maintenance amount as in the instant set of facts

Case Briefs High Courts

Delhi High Court sets aside conviction 19 years after the verdict over lost Trial Court’s records

The conviction and sentence awarded to a man in 2003 for culpable homicide not amounting to murder has been set aside by the Delhi High Court more than 19 years after the appeal was filed, due to the persistent inability to locate or reconstruct the trial court record.