Case Briefs Archives

Migration ‘from Haryana to Rajasthan’ after Marriage does not affect migrant woman’s EWS eligibility: Rajasthan High Court

“The status of the petitioner of belonging to Economically Weaker Section (‘EWS’) category is not in dispute herein.”

‘Emotional affection without physical relations does not constitute Adultery’; MP High Court upholds interim maintenance order

The Court clarified that under Section 125(4) CrPC, maintenance can only be denied if the wife is living in adultery, which requires proof of a sexual relationship.

Case Briefs High Courts

‘Entirely based on false foundation’; Bombay HC dismisses condonation of delay application by National Highway Division in arbitration appeal

“It is now trite law that State agencies cannot hide behind the conventional excuse of bureaucratic delays and inefficiency in the State’s capacity, to condone delays.”

Case Briefs Supreme Court

Cryptic orders while granting bail in money laundering cases without considering Section 45 PMLA mandate can’t be vindicated: SC

“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”

Case Briefs High Courts

Gauhati HC directs Principal Secretary, DGP to file affidavits detailing steps taken against illegal mining in Assam forests

“The Court is conscious of the fact that, ordinarily, Government officials holding top positions ought not to be called before this Court. However, if personal appearance is not ordered, it appears that no affidavits are being filed.”

Case Briefs Supreme Court

Courts having jurisdiction to grant bail/pre-arrest bail not expected to act as recovery agents: Supreme Court

High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.

Case Briefs High Courts

Female can have a surrogate child only after 23 years of age and before completing 50 years: Kerala HC clarifies Section 4(c) of Surrogacy Act

Similar restrictions are for male aged between 26 to 55. It is reasonable to presume that the legislature has imposed these age restrictions, considering the normal age that women conceive a biological child.

Case Briefs High Courts

Madras HC denies bail to Rahul Dinesh Surana, VP of Surana Power Ltd., alleged to have indulged in cheating of Banks and siphoning off public money

The petitioner did not comply with the twin conditions stipulated under Section 212(6) of the Companies Act, 2013 and there is every possibility for the evidence being tampered and the witnesses being influenced by him.

Case Briefs High Courts

No video conferencing for reconciliation in matrimonial disputes; Allowed only after settlement fails: Andhra Pradesh High Court reiterates

It is only after the efforts of reconciliation and settlement fails, the videoconferencing can be resorted on the joint application filed by the parties or the memorandum of consent by both the parties, husband and wife, for such videoconferencing, in the discretion of the Court, if the Court considers it appropriate.

Case Briefs High Courts

‘Law never appreciates those wives who remain idle despite high qualifications; Orissa HC reduces quantum of maintenance

“The wife is a well-educated lady, but also she was previously working in some media houses, however, she has definite prospects to work and earn for her sustenance.”

Case Briefs High Courts

‘Police thoroughly followed the legal procedure’; Bombay HC upholds Trial Court’s view that informing grounds four minutes after arrest was not unreasonable

The Court reiterated that informing the arrestee about the grounds at the time of arrest and providing a written copy of the same within 24 hours of arrest was sufficient compliance of Article 22(1) of the Constitution.

Case Briefs Supreme Court

‘One-sided, partial and inimical investigation’; SC quashes S. 306 IPC proceedings, constitutes SIT for reinvestigating girl’s suicide after alleged boyfriend’s killing

“Was there anything more sinister? Even if it was suicide what was the real cause? Was the deceased girl distraught with what happened to her friend? Considering the under-currents and the disapproval of the relationship, was there any instigation for the suicide from any other quarter?”

Case Briefs High Courts

No discrimination between mental and physical illness: Jharkhand High Court directs reimbursement for psychiatric treatment

Section 21(4) of Mental Healthcare Act provides that every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is provided for physical illness.

Case Briefs High Courts

Bombay HC quashes case against Nestle India Ltd. for allegedly selling ‘sub-standard’ Maggie noodles

If the food/sample is tested in a laboratory which does not fall within the definition of Section 3(p) of the Food Safety and Standards Act, 2006 and is not recognized by the Food Authority, the analysis made in such laboratory cannot be relied upon.

Case Briefs High Courts

‘Forcing to file written statement during mediation will hamper entire mediation process’: Delhi HC excludes time spent in mediation for calculating limitation to file written statement

Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.

Case Briefs Supreme Court

SC acquits man in 12-year-old murder case upon finding glaring defects in recovery of weapons and preparation of seizure memos

“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”

Case Briefs High Courts

‘No locus of examiner to assail University result’; Gujarat HC rejects examiner’s plea alleging result manipulation by Pandit Deendayala Energy University

“The appellant being an evaluator/examiner, was required to keep his hands off once the evaluation sheet was submitted by him and was not required to indulge in any kind of head-on-collision with the University.”

Case Briefs High Courts

MP High Court grants bail to rape accused with condition to handover documents, electronic gadgets, social media access for investigation

The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.

Case Briefs Supreme Court

‘No service tax leviable on transactions between purchaser of lottery tickets and Sikkim Govt.’; SC dismisses appeals by Union of India

“There being no agency and no service rendered by the respondents-assessees herein as an agent to the Government of Sikkim, service tax is not leviable.”

Case Briefs High Courts

Impersonation for Padma Shri Award | Orissa HC directs Doctor & Journalist with same name to produce relevant materials to substantiate claims for recognition

The petitioner alleged that the respondent and him have the same name- Antaryami Mishra, and following the same, the respondent impersonated the petitioner and fraudulently secured the Padma Shri Award in 2023.