Case Briefs Archives

‘Each breach of promise to marry is not a false promise’; Supreme Court acquits man accused of rape by a mother of three

The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.

Case Briefs High Courts

Section 9 of the Arbitration and Conciliation Act, 1996 does not permit passing of an order in the nature of a permanent measure; Delhi High Court denies permanent injunction under Section 9

The Delhi High Court denied permanent injunction under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) and held that Section 9 did not permit passing of an order in the nature of a permanent measure.

Case Briefs Supreme Court

Supreme Court| No stereotypical assumption that where death occurs after a lapse of time, the offence is of culpable homicide

The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.

Case Briefs High Courts

Calcutta High Court set aside ban on use of hookahs in licensed bar and restaurants

Calcutta High Court | While dealing with a case regarding violation of S. 20(2) of the Cigarettes and Other Tobacco Products (Prohibition

Case Briefs Supreme Court

Supreme Court calls out Rajasthan High Court for making ‘unwarranted observations’ while deciding a murder case remitted to it

It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.

Case Briefs High Courts

Allahabad High Court| Right to cross-examine witnesses is a right of the other side and can only be done away with, in exceptional cases

Allahabad High Court said that, since the trial in question is of 2015, therefore, the precaution to that effect, which has been taken by the Trial Court, is appreciated, but in the light of such precaution, a single opportunity to cross-examine prosecution witness may not be denied

Case Briefs Supreme Court

Murder convicts in a 37-year-old case to walk free after Supreme Court gives them benefit of doubt

Supreme Court held that the charge that the convicts had committed murder was not proved beyond reasonable doubt; hence, they were and are entitled to the benefit of doubt. Thus, it set aside the Trial Court and Allahabad High Court's judgment and order and acquitted the convicts.

Case Briefs High Courts

Mentally retarded persons are also entitled for tax exemption while purchasing motor cars; Kerala High Court set aside notification for being discriminatory

Kerala High Court held that the exclusion of mentally retarded persons from tax exemption while buying motor cars is discriminatory and they are also entitled to tax exemption.

Case Briefs High Courts

Bombay High Court directs SEIAA to decide environmental clearance proposals by applying provisions of DCPR 2034 or UDCPR, on merits within 8 weeks

The judgment and order dated 13-09-2022 of NGT in Anil Tharthare v. State of Maharashtra, Appeal No. 22 of 2016, cannot be construed to mean a blanket prohibition to consider the proposals of the projects governed by DCPR 2034 or UDCPR.

Case Briefs High Courts

Reasonable opportunity of being heard must be granted; Delhi High Court sets aside non-speaking order of the Delhi GST Commissioner

The Court was of the view that neither the notice served upon the petitioner mentioned any specific defect found by the authorities nor the order of tax and demand specify any reason why the documents accompanying the goods were found to be defective.

Case Briefs High Courts

Whether the eligibility criteria mentioned in the Bulletin of Information will prevail over the one given in the Admission Form? Delhi High Court rules

The petitioner cannot take advantage of, or refuge under, the error that has crept into the Admission Form available on the website. Such a mistake on the part of the respondent-university would not clothe the petitioner with any legal right.

Case Briefs High Courts

Madhya Pradesh High Court | Every Panch, Sarpanch, other village officer of any description and landholder are duty bound to immediately furnish information of illegal cultivation

Dismissing the revision petition filed by the petitioner for quashing of the impugned order passed by the Special Judge (NDPS) thereby framing charges under NDPS Act, the Court held that the role of the petitioner is prima facie found in the present case therefore the case appears to be triable and cannot be interfered with at this stage.

Case Briefs High Courts

[Trademark v. Domain Name] Bombay HC holds trademark infringement suit is an action in personam; Court cannot impose a blanket ban on “Swiggy” mark in future

“The Court held that in every case of trademark infringement, the plaintiff claiming infringement of its registered mark is required to claim relief in the context of specific instances of infringement, relatable to individuals against whom orders can be passed by the Court.”

Case Briefs Supreme Court

IBC| Inconsistent position taken in the Vidarbha Industries verdict? Supreme Court issues notice

The petitioner alleged that the National Company Law Appellate Tribunal had relied upon the decision of Vidarbha Industries, which even though was clarified in review petition of Axis Bank but was still contrary to the settled position in law laid down in Innoventive Industries. Tushar Mehta, Solicitor General contended that the principle enunciated in Vidarbha Industries would be liable to dilute the substratum of the Code.

Case Briefs High Courts

Punjab and Haryana High Court grants bail to Punjab ex-MLA Simarjit Singh Bains in rape case

The Punjab and Haryana High Court commented that victim's silence for such a long time would dent her credibility, and such a dent would not justify any further pre-trial incarceration. Thus, the Court allowed bail application, subject to certain conditions.

Case Briefs High Courts

[Section 438 CrPC] Bombay High Court | Abuses given on phone cannot be said to be within public view to attract the ingredients of offence punishable under Atrocities Act

When a law-abiding citizen is adopting legal procedure and has gone to the Police Station to lodge a report, but his report has not been taken, then, such a person/s deserves to be protected. When prima facie the offences are not attracting the provisions under the Atrocities Act, there was no question of the bar under Section 18 of the Atrocities Act

Case Briefs High Courts

Adjudication of an avoidance application is independent of the resolution of the corporate debtor and can survive CIRP: Delhi High Court

The Delhi High Court held that adjudication of an avoidance application was independent of the resolution of the corporate debtor and could survive Corporate Insolvency Resolution Process (CIRP) and a Resolution Professional would not be functus officio with respect to adjudication of avoidance application.

Case Briefs High Courts

Yardstick for parliamentary elections cannot be applied ipse dixit to every local election; Bombay High Court holds imposition of prohibitory ban on sale of liquor as violative of Article 21

Imposing a prohibitory ban on merchant establishments and establishments that provide livelihood is contrary to the enshrined principles under Article 21.

Case Briefs High Courts

Madras High Court| Notification permanently banning sale of tobacco and its products is beyond the scope of powers of Food safety Commissioner

The Commissioner, Food Safety, by issuing successive notifications under Section 30(2)(a) cannot impose an almost permanent ban on a food product, as it is not contemplated by law and if allowed, will amount to doing violence to the provisions.

Case Briefs High Courts

Delay in Divisional Commissioner’s approval cannot disentitle teachers from additional increment: Bombay High Court

Bombay High Court found the petitioners entitled to grant of additional increment to District Awardee Teachers in terms of the Government Circular. The Court held that delay in Divisional Commissioner’s approval to their selection cannot disentitle them from getting such additional increment.