Case Briefs Archives

Can a ‘snow clearing’ decision of a city subject it to owing duty of care to a citizen who got injured due to such decision? SC of Canada explains

City of Nelson held responsible for injuries caused by its snow clearing decisions: Is it true? Supreme Court of Canada: While focusing

Case Briefs High Courts

Bom HC on NDPS Cases | When LSD Drug is put on blotter paper, would blotter paper form an integral part of drug? Weight of paper will be considered for determining small or commercial quantity? Read on

Bombay High Court: Addressing a very crucial question having relevance with the Narcotics Drugs and Psychotropic Substances cases, Revati Mohite Dere, J.,

Case Briefs District Court

Direct Theft of Electricity | No electricity meter, No DG set or any other legal means for electricity supply found, claim for settlement with electricity company would be valid way to rebut statutory presumption under Electricity Act? Court explains

Karkardooma Courts, Delhi: Ajay Gupta, Additional Sessions Judge (Electricity) decided a matter wherein a person was found guilty of direct theft of

Case Briefs High Courts

Contempt of Court | Husband stubbornly and obstinately refused to comply with the orders of the Court; No full disclosure of income: Read Del HC’s decision

Delhi High Court: While addressing an issue of non-compliance of Court’s order with regard to paying maintenance to wife, Division Bench of

Case Briefs Supreme Court

High Court cannot dismiss second appeal in limine without assigning any reasons: SC

“Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted.”

Case Briefs High Courts

Educational Institution: Is it an ‘establishment’ under Telangana Shops and Establishments Act? Telangana HC answers in light of SC decision

Telangana High Court: Division Bench of Satish Chandra Sharma, CJ and B. Vijaysen Reddy, J. decides whether an educational institution is covered

Case Briefs High Courts

Does accused has right to demand production of documents withheld by investigator at framing of charge? Does S. 91 CrPC include witness statement? Bom HC decides

Bombay High Court: Sandeep K. Shinde, J., expressed that it is settled law that at the stage of framing the charge, the

Case Briefs Supreme Court

Criminal Justice| ‘Practically difficult to achieve absolute consistency in sentencing’ but here’s what the Courts should do: SC

Supreme Court: Explaining the principles of sentencing policy, the 3-judge bench of NV Ramana, CJ and Surya Kant* and AS Bopanna, JJ

Case Briefs High Courts

Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape

Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no

Case Briefs Supreme Court

Explained| Is ‘motive’ an indispensable ingredient for proving the charge of attempt to murder?

“Unearthing ‘motive’ is akin to an exercise of manual brain-mapping. At times, it becomes herculean task to ascertain the traces of a ‘motive’.”

Case Briefs Supreme Court

‘Project Proponent not expected to anticipate changes in Environmental Clearance regimes’; SC protects already constructed buildings by Pune Developer

Supreme Court: In a case where a Project Proponent had adhered to the applicable legal framework for Environmental Clearance (EC) during the

Case Briefs Supreme Court

SC relief to death row convicts who killed 8 members of their brother’s family over property dispute; To serve LI for 30 years

“There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent.”

Case Briefs Supreme Court

‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent

Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract

Case Briefs Supreme Court

Explained| Article 14: Under-inclusive and over-inclusive classification

Supreme Court: The bench of Dr. DY Chandrachud* and AS Bopanna, JJ while upholding the constitutionality of the Scheme formulated by the

Case Briefs High Courts

‘Hang by neck till dead’: Bom HC confirms death sentence in a rarest of rare cases for committing rape and murder of a 3-years 9-months old child

Bombay High Court: A Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ. confirmed the death sentence awarded by the

Case Briefs Supreme Court

Here’s why Supreme Court upheld Tamil Nadu’s loan waiver Scheme for small and marginal farmers

The percentage distribution of the indebted agricultural households depicted the poverty that envelops the class of small and marginal farmers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Power’ of conducting IPL is vitally distinct from ‘Object’ of BCCI: ITAT explains substantive law, allows BCCI to continue registration under S. 12-A of Income Tax Act to avail tax exemption benefits

Income Tax Appellate Tribunal (ITAT), Mumbai: A two-Member Bench of Pramod Kumar (Vice President) and Ravish Sood (Judicial Member) allowed the Board

Case Briefs Supreme Court

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”

Case Briefs High Courts

J&K and Ladakh HC | “No Court should tune out terrorist activities”; HC refuses to interfere with preventive detention of man involved in Pulwama conspiracy

Jammu & Kashmir and Ladakh High Court: While dismissing the petition seeking release from preventive detention to the detenu involved in Pulwama

Case Briefs Supreme Court

Explained| Does Chennai City Tenants Protection Act, 1921 protects tenants who have sub-let or given the building to third parties?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has reiterated the position that the tenants would not be