Case Briefs Archives

Rape allegation made for first time in Section 164 statement

‘Rape allegations cannot be disregarded merely because they were made for the first time in S. 164 CrPC statement’: Rajasthan High Court

“The Court cannot act as a mere post office or mouthpiece of the prosecution; it is required to apply its judicial mind to the material placed on record before it.”

Acquittal in murder case on failure to prove guilt

Case Briefs High Courts

‘Classic case where prosecution failed to establish guilt’: Bombay HC acquits accused in murder case

The accused is a prime suspect in a murder case, as he had previously harassed the deceased. However, the Court opined that he cannot be convicted based on the feelings of the deceased’s parents, when not a shred of evidence can be found which connects the accused with the crime.

Case Briefs High Courts

Patna High Court stalls circulation of AI generated video of PM Narendra Modi and his late mother

“Any attempt to stigmatize or marginalize an entire class of persons offends the guarantee of equality before law under Article 14 and freedom of expression with reasonable restrictions under Article 19(2).”

Case Briefs High Courts

Calcutta High Court grants anticipatory bail in POCSO case acknowledging 17-year-old victim as wife of accused

The Calcutta High Court recorded submissions that the alleged minor was in fact above 17 years, had married the petitioner, and was living with him as his wife with a child born out of the marriage.

contributory negligence as mitigating factor in criminal cases

Case Briefs High Courts

‘Doctrine of Contributory Negligence does not apply to criminal law; may be considered a mitigating factor while punishing offender’: Andhra Pradesh HC

The accused, who was a bus driver, was obligated to sound the horn, wait a reasonable period, or seek assistance from the conductor before moving the bus. Failure to adopt such precautions constituted negligence as a public bus driver.

Case Briefs High Courts

Can landlord’s pension income be used as a ground to counter bona-fide requirement in eviction proceedings? Himachal Pradesh HC answers

“The landlord had a right to put his property for better use and to obtain a higher income. He had a right to choose the place for the business which was most suitable to him”

Case Briefs High Courts

Orissa HC upholds Government’s decision to revoke licenses of teachers acting as Registrars of Muslim Marriages

“That being the position, how will they be able to discharge their duty as teachers with absolute commitment in the Government Schools, is a big question.”

Section 9 IBC proceedings closed based on affidavit

Case Briefs Tribunals/Commissions/Regulatory Bodies

Affidavit confirms settlement between Corporate Debtor and Operational Creditor; NCLAT closes Section 9 IBC proceedings

“Despite the contentions raised by the Appellant, Appellant entered into settlement with the Operational Creditor to discharge his dues, which has been filed by an Affidavit by the Appellant as well as Respondent.”

accused’s right to travel abroad for studies

Case Briefs High Courts

‘Denying right to study on mere apprehension can spoil future’; Punjab and Haryana HC allows 21-year-old accused to travel abroad for studies

In the present case, a 21-year-old accused is offered admission in International University of Applied Sciences Berlin (Germany) and wants to pursue his study abroad. However, he was denied permission to travel abroad on mere apprehension of fleeting the legal process.

Case Briefs High Courts

CCR Fund, Green Warriors to tackle Gwalior’s waste and cleanliness problem: Inside Madhya Pradesh HC’s suggestions

“Time has come that all stakeholders must contemplate about creating Corporate Climate Responsibility Fund which may be dedicated to address the problems relating to environment/cleanliness/public hygiene.”

denial of medical reimbursement due to hospital name change

Case Briefs High Courts

Change in hospital’s name not a ground to deny medical reimbursement: Karnataka High Court

The Court observed that a hospital remains the same legal entity even after a change in its name.

Case Briefs Supreme Court

Supreme Court issues directives on diverse aspects to ensure improved conditions in Beggars’ Homes across the country; Directs strict compliance

“Beggars’ homes cannot be conceived as quasi-penal facilities. Their role must be restorative, not retributive — places of recovery, skill-building, and reintegration into society”.

Case Briefs High Courts

Right to change name protected under Article 19(1)(a) of the Constitution, cannot be denied on technical issues: J&K and Ladakh HC

“There was a clear distinction between change in particulars and correction of particulars, and therefore, the Court observed that the petitioner was seeking change in registered particulars and not their correction.”

Case Briefs High Courts

Punjab and Haryana High Court upholds eviction petition; considers admitted rate of rent to determine tenant’s arrears

In the case at hand, the demised premises had been taken for rent by the tenant at Rs 5500 per month in August 2003 with a 10% increase in the existing rent after every three years. The tenancy commenced in September 2004, and the tenant was stated to be in arrears of rent from February 2017 to November 2017.

Case Briefs Supreme Court

Supreme Court upholds Kerala HC Verdict: Political Parties are not workplace and not liable to constitute Internal Complaints Committee under POSH Act

Supreme Court upheld the Kerala HC decision that political parties are not legally obligated to establish an Internal Complaints Committee under the POSH Act, because there is no employer-employee relationship among the members of political parties, and they do not meet the criteria of a “workplace” as defined under the Act.

specific performance unregistered conveyance deed

Case Briefs High Courts

‘Plaint failed to disclose cause of action and was barred by limitation’; Bombay HC dismisses suit for specific performance of draft conveyance deed

“Under Section 54 of the Transfer of Property Act, 1882, there is a requirement of consensus ad idem between the Parties with respect to the fundamental terms of the sale.”

Case Briefs High Courts

“Interfaith participation in religious festivals not against Constitution”; Karnataka High Court dismisses plea against Dasara festivities inauguration by Booker Prize winner Banu Mushtaq

“The extension of invitation does not fall foul of any of the values enshrined in the Constitution of India.”

Case Briefs High Courts

“Rightly detained for his conduct”: Madhya Pradesh HC denies relief to man who opened fire in public and uploaded the video on social media

“Sometimes offences are grievous, and sometimes, the manner in which a person behaves (someone with criminal antecedents) also creates fear amongst people. Therefore, for maintaining public order, peace, and tranquility in the region, this is a restraining step required in the attending set of facts.”

RTE cannot be denied on technical grounds

Case Briefs High Courts

Technicalities Cannot Defeat a Child’s Fundamental Right to Education: Rajasthan High Court

“A fundamental right, especially when it unequivocally accrues in favour of a citizen, cannot be tossed even on the basis of the procedural grounds or technicalities.”

Case Briefs Supreme Court

Supreme Court dismisses Rajasthan’s claim over Khetri Estate; Affirms validity of Raja Sardar Singh Will and Probate in favour of Khetri Trust

Supreme Court held that a State has no locus standi to challenge a Will of a private citizen by claiming to be a person interested in the estate of the deceased due to the action taken under Escheats Act.