Case Briefs Archives

Written instruments entitled to much higher degree of credit than parol evidence; Old partnership deed clauses not superseded by new deed will continue to operate: SC

Supreme Court: The 3-Judges Bench comprising of L. Nageswara Rao, Sanjiv Khanna, B.R. Gavai*, JJ., held that when parties deliberately put their

Case Briefs High Courts

If arbitrator becomes functus officio, can provisions under Ss. 14 and 15 of the A&C Act to appoint substitute arbitrator be invoked? Allahabad HC decides

Allahabad High Court: Noting the significance of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, Jayant Banerji, J., expressed

Case Briefs High Courts

Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling

Uttaranchal High Court: Emphasizing on the purpose and object of Section 9 of the Arbitration and Conciliation Act, 1996, Division bench of

Case Briefs High Courts

All HC | Can workman who was employed for particular project be considered employee of the company and given permanent status after project is over? Court answers

Allahabad High Court: Siddhartha Verma, J. reiterated the law laid down by the Supreme Court in Lal Mohammad v. Indian Railway Construction

Case Briefs High Courts

Ker HC | Presence at a Police Station while being under influence of alcohol; will it attract any offence? HC decides

Kerala High Court: Sophy Thomas, J., quashed proceedings against the petitioner who was charge sheeted for being under the influence of alcohol

Case Briefs High Courts

Bom HC discusses law where accused already granted bail but further non-bailable offences are added by prosecution. Read decision

Bombay High Court: Sandeep K. Shinde, J., reiterated the law laid down by the Supreme Court in the case of Pradip Ram

Case Briefs

[Civil Services] SC/ST or OBC candidate selected against unreserved vacancy as a general merit candidate cannot make a grievance for allocation of cadre: SC

“The State has no discretion of allocation of a cadre at its whims and fancies.”

Case Briefs High Courts

MP HC | “To err is human and to forgive is divine”; Court directs advocate to plant and take care of 20 saplings as punishment for contempt of female judge after unconditional apology

Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Anand Pathak, JJ., decided upon a petition which was in reference

Case Briefs High Courts

Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides

Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125

Case Briefs High Courts

Ker HC | “Child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused”; HC acquits father accused of raping his minor daughter

Kerala High Court: The Division Bench of K.Vinod Chandran and C. Jayachandran, JJ., acquitted the father accused of raping his own minor

Case Briefs Supreme Court

HC quashes proceedings based on “draft charge-sheet” yet to be placed before Magistrate! Clear abuse of S. 482 CrPC, holds SC

Supreme Court: In a case where the Gujarat High Court had quashed criminal proceedings at the behest of persons who were not

Case Briefs High Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Case Briefs High Courts

J&K and Ladakh HC | “No law or religion gives a license to a father to harass his daughter”; HC grants protection to run away couple

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., held that it is not open to a father or relatives of

Case Briefs District Court

Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

Saket Courts, Delhi: Swati Gupta, Metropolitan Magistrate (South) NI Act, convicted the accused for an offence under Section 138 (dishonour of cheque)

Case Briefs Supreme Court

5-year-old raped, killed, thrown into a stream: SC commutes death sentence to life imprisonment

Supreme Court: In a case where a death row convict subjected a 5-year-old girl to rape, killed her by strangulation, and then

Case Briefs Supreme Court

SC allows sand mining in Bihar; says total ban gives rise to illegal mining; causes huge loss to public exchequer

“When legal mining is banned, it gives rise to mushroom growth of illegal mining, resulting into clashes between sand mafias, criminalization and at times, loss of human lives.”

Case Briefs

“She might not be a legal heir of the deceased, but she certainly suffered on account of his death”; Mother-in-law can claim compensation as a dependant under MV Act: SC

Supreme Court: The Division Bench of S. Abdul Nazeer* and Krishna Murari, JJ., held that neither the percentage of deduction for personal

Case Briefs District Court

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

City Civil & Sessions Judge, Bangalore: Krishnamurthy R. Padasalgi, LV Addl. City Civil & Sessions Judge upheld the order of the trial

Case Briefs High Courts

Cruelty by Wife | Wife made serious criminal allegations against husband and his parents but couldn’t prove: Would this amount to cruelty against husband to grant divorce? Del HC answers

Delhi High Court: While addressing a matrimonial matter wherein a wife caused cruelty to husband, Division Bench of Vipin Sanghi and Jasmeet

Case Briefs High Courts

Conviction can be based on Testimony of Child Witness: Is it obligatory for a Judge to ask the child whether he/she is able to understand questions put to her? Bom HC [Full Story]

Bombay High Court: Anuja Prabhudessai, J., opined that where the witness is of tender age (as in the instant case before the