Case Briefs Archives

Tehsildar can’t decide mutation applications based on disputed testamentary documents, particularly a Will: Madhya Pradesh High Court

“Revenue Officers, including the Tehsildar, do not have judicial authority to resolve disputes related to wills or non-testamentary documents. These matters must be decided by the Civil Court.”

Case Briefs High Courts

Child Care Leave is akin to privileged leave subject to administrative discretion, not unfettered right: Rajasthan High Court

“Discretion is reserved with the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the public service.”

Case Briefs High Courts

Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death: Punjab and Haryana HC

The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.

Case Briefs High Courts

‘Court’s power cannot be run down by seeking random directions, where there is legal course’; Telangana HC dismisses husband’s habeas corpus plea for wife’s production

The Court stated that the writ of habeas corpus was the most powerful safeguard against arbitrary acts of the executive, or even of private individuals, transgressing personal liberty.

Case Briefs Supreme Court

Appropriate Govt. obligated to consider cases of eligible convicts for grant of premature release where such policy exists: SC

“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.

Case Briefs High Courts

MP High Court directs Sub Divisional Officer to maintain ‘legible’ order-sheets & not treat election proceedings ‘so casually’

The Court found the Sub Divisional Officer’s handwritten order-sheets, nearly illegible, making it difficult for the higher authority to discern the proceedings.

Case Briefs High Courts

‘Long incarceration can lead to depression, anxiety, drug abuse’; Bombay HC grants bail to a man in custody for over 9 years

Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.

Case Briefs High Courts

Delhi HC appoints Justice Arvind Sangwan as sole arbitrator in a petition filed by Dixon Technologies

The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.

Case Briefs High Courts

Calcutta High Court grants bail to delivery boys of ‘Delhivery Ltd’ for not being in conscious possession of contrabands

The petitioners have their families and are permanent residents of Coochbehar. Their earnings from their engagement are the sole source of their livelihood. In the said conspectus, prima facie, it does not appear that they would flee from justice or delay the investigation by abscondence.

Case Briefs Supreme Court

‘Uncomfortable questions during court proceedings not humiliation’; SC dismisses woman’s plea seeking clarification from police on remarks made on her divorce

“It is the duty of the Court to reach the truth of the matter and such exercise may demand putting forward certain questions and suggestions which may be uncomfortable to some.”

Case Briefs High Courts

Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction: Jharkhand HC sets aside order dismissing S.34 arbitration application

The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.

Case Briefs High Courts

Despite acknowledging ECL’s violations, RBI failed to act; Delhi High Court upholds direction to RBI to intervene

It is an elementary principle that when a public authority is vested with specific powers, it is duty bound to act accordingly. Therefore, any failure to exercise statutory powers gives rise to a cause of action to secure performance of such duty by way of issuance of writ of mandamus under Article 226.

Case Briefs Supreme Court

‘If accused gets verdict after 6-7 years in jail as undertrial prisoner, right to speedy trial under Art. 21 is infringed’; SC grants bail to UAPA accused

“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”

Case Briefs High Courts

‘Not a sexual predator but a young person involved in consensual relationship’; Bombay HC grants bail to 22-year-old man accused of raping his 16-year-old girlfriend

“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”

Case Briefs High Courts

‘Legitimate personal account or homage’; P&H HC grants anticipatory bail to Manjinder Makha, author of book on Sidhu Moosewala’s murder

The book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it is not a case of intellectual property theft.

Case Briefs High Courts

‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; Delhi HC quashes FIR against husband and his family

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.

Case Briefs High Courts

Bombay HC grants bail to a 70-year-old man who alleged to have conspired for slitting girl’s throat as a human sacrifice

The witness stated that he has seen Applicant 2 at the incident spot, but the Court noted that his statement is recorded after three years.

Case Briefs High Courts

Punjab and Haryana HC directs State to take action against more than 4000 illegal constructions in DLF City, Gurugram

“It is amply clear that a powerful lobby of certain groups/land mafia, are ruining the very basic character of the developed colony in active connivance with the local administration.”

Case Briefs High Courts

Member of ‘Teli’ caste falls within purview of OBC category, regardless of religion: Rajasthan High Court

“Teli is a caste traditionally occupied in the pressing of oil in India, Nepal and Pakistan, and members of this caste may be either Hindu or Muslim, and Muslim-Teli are also called as Roshandaar or Teli Malik.”

Case Briefs Supreme Court

Compassionate appointment to be considered in “hand-to-mouth” cases where family struggles to pay basic expenses, if other conditions are satisfied: SC

“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”