Case Briefs Archives

SC frowns on rising trend to invalidate sexual misconduct proceedings on hyper-technical points after Calcutta HC reinstates BSF head constable based on minor discrepancy

“The history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment.”

Case Briefs District Court

When does burden of proof shift to accused to rebut statutory presumption in cheque bounce cases under S. 138 NI Act? CMM Court considers

Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: Bhola Pandit, XX Addl. CMM, convicted a person who presented a cheque to

Case Briefs High Courts

All HC | Can Executing Court’s order for enforcement of arbitral award be challenged under Art. 226? HC decides

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that, Section 36 of the 1996 Act makes the arbitral award capable of

Case Briefs High Courts

[NDPS Act] P&H HC | FSL report available on record yet Trial Court records it unavailable to grant bail; HC directs disciplinary action against Presiding Officer of Trial Court

Punjab and Haryana High Court: Manoj Bajaj, J., directed for disciplinary action against the Presiding Officer of the Trial Court who had

Case Briefs Supreme Court

Divorce| Wife’s act of rejecting posh accommodations of up to Rs. 30 lakhs rent per month “unreasonable”; “Similar” doesn’t mean “totally identical”: SC

Supreme Court: In a divorce proceeding, where a wife had “rejected” all the options for rented accommodation “similar” to her Industrialist husband’s

Case Briefs Supreme Court

Explained| Medical Negligence: Can doctors be held liable for negligence if patient can’t survive surgical procedures?

Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., set aside NCDRC’s order granting 14 lakhs compensation to

Case Briefs Supreme Court

Lifting differently abled persons without consent; removing their prosthetic limbs/calipers for security checks, inhuman: SC

Supreme Court: After multiple objections were raised to the draft guidelines on ‘Carriage by Air of Persons with Disability and/or Persons with

Case Briefs Supreme Court

Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act?

Supreme Court: Explaining the scope of jurisdiction of ITAT, the bench of MR Shah* and BV Nagarathna, JJ has held that the

Case Briefs Supreme Court

Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC

“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”

Case Briefs District Court

“Account closed” and Cheque returned: Is it a reason sufficient for convicting a person under S. 138 NI Act? Read detailed decision of CMM Court, Bangalore

Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: In light of cheque being returned by the bank due to “Account Closed”

Case Briefs High Courts

Kidnapped or Eloped? Minor alleged to have been kidnapped tracked after almost 4 years: Del HC demystifies whether she ran away on her own or was kidnapped

Delhi High Court: Subramonium Prasad, J., granted bail to a person accused of kidnapping a minor, which eventually in view of the

Case Briefs High Courts

Charge Sheet Filed, but no arrest, instead interim protection granted: Read Del HC’s decision in a bail matter

Delhi High Court: Rajnish Bhatnagar, J., while addressing the allegations of forged agreement, stated that the effect of the same would be

Case Briefs High Courts

Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers

Bombay High Court: Sandeep K. Shinde, J., held that an aggrieved person cannot choose to file a petition under Section 12 of

Case Briefs Supreme Court

Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC

Supreme Court: In a case where an accused merely pointed to the house where the victim was hiding, thereby helping a fully

Case Briefs High Courts

Ker HC | Can an employee claim Special Disability leave for the period spent on treatment and hospitalization due to road accident while going to workplace? HC answers

Kerala High Court: The Division Bench of A.K. Jayasankaran Nambiar and Mohammed Nias C.P, JJ., directed the government of Kerala to consider

Case Briefs Supreme Court

‘Only one Special Court trying cases under NIA Act frustrates the purpose’; SC directs West Bengal to designate more courts

Supreme Court: After granting bail to a 74-year-old arrested under the Unlawful Activities (Prevention) Act, 1967, as after the charge-sheets came to

Case Briefs High Courts

Del HC | Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge

Delhi High Court: Yashwant Varma, J., delved into the subject of the role of a Family Judge while deciding petitions which come

Case Briefs Supreme Court

UAPA| No day-to-day hearing, 298 prosecution witnesses yet to be examined? 74-year-old gets bail after 9.5 years

Supreme Court: In a case where a 74-year-old has been behind the bars since 2012 as an undertrial prisoner, after being arrested

Case Briefs High Courts

[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC

Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed

Case Briefs High Courts

[Kottiyoor Rape Case] Ker HC upholds conviction of former priest; reduces 20 years rigorous imprisonment to 10 years

Kerala High Court: In an infamous case of sexual assault whereby the priest of the St. Sebastian Church had impregnated a minor