Case Briefs Archives | Page 6 of 1078

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT sets aside CIRP against Superfine Metals (P) Ltd.; Cash Credit and Ad Hoc facility defaults under S. 10-A IBC fell within protected period

“…Section 10A contains a non-obstante bar against filing an application under Sections 7, 9 or 10 in respect of a default arising on or after 25.03.2020, during the prescribed period extended up to 24.03.2021. The proviso makes the bar permanent by providing that “no application shall ever be filed” for initiation of CIRP in respect of such default. The Explanation clarifies that Section 10A does not apply to a default committed before 25.03.2020. Accordingly, determination of the precise date of default assumes decisive significance, as a default falling within the protected period attracts a permanent statutory bar.”

Case Briefs High Courts

Delhi HC declines Vinesh Phogat’s interim plea for participation in 2026 World Wrestling Championships Selection Trials

The Court found that repeated opportunities were afforded to the petitioner to appear before the Disciplinary Committee and place her case. However, she had chosen not to avail the first three opportunities and had instead raised objections concerning disclosure of the Committee’s composition.

Case Briefs High Courts

Suicide note absolving accused weakens prima facie case for abetment of suicide; Himachal Pradesh HC grants bail to husband

The Himachal Pradesh High Court granted regular bail in an abetment of suicide case, holding that a contemporaneous suicide note absolving all persons of responsibility carried greater prima facie value than earlier allegations of harassment and failed to disclose any proximate act of instigation.

Case Briefs High Courts

Burden of proving policy breach lies on insurer: Jharkhand HC enhances Motor Accident Compensation to ₹ 11.90 Lakhs

Jharkhand High Court: The Single Judge Bench of M.S. Sonak, CJ.,* dismissed the insurer’s appeal and enhanced compensation for the death of

Case Briefs Supreme Court

Supreme Court declines to transfer Satya Niketan PG Hostel Building Collapse case from Delhi HC to itself

The Court specifically requested the Delhi High Court to “monitor the case at short intervals”.

EWS Certificate preceding financial year

Case Briefs High Courts

EWS Certificate from the year before cannot be rejected without clear stipulation in recruitment notice; Delhi HC allows Coast Guard Navik to continue in service

The case reinforces that, in the absence of a clear stipulation to the contrary in a recruitment advertisement, an EWS certificate pertaining to the financial year preceding the year of application cannot be rejected merely on a technical ground, particularly where the candidate otherwise satisfies the eligibility requirements and possesses the requisite certificate.

Case Briefs High Courts

Lifting woman’s clothes, catching hold of her without specific overt act not attempt to rape: Jharkhand HC

The Court held that the evidence did not disclose any specific overt act towards the commission of rape under Sections 376/511 IPC but established an assault with the intention or knowledge that it was likely to outrage the prosecutrix’s modesty, warranting alteration of the conviction to Section 354 IPC while upholding the conviction under Section 452 IPC.

Case Briefs Supreme Court

Direct recourse to Human Rights Court without prior Commission inquiry permissible; SC upholds Rule 6, Karnataka State Human Rights Courts Rules, 2006

The Court held that the Human Rights Commission and Human Rights Court constitute two distinct and complementary mechanisms under the Human Rights Act, 1993 and the Rule 6 merely supplies the procedural machinery for invoking the jurisdiction of a Human Rights Court, it does not create a substantive or parallel regime.

Case Briefs High Courts

No Objection before Cognizance, Full Participation thereafter: Allahabad HC Rejects Belated Challenge

The Court observed that a mere change of Counsel is no ground to entertain a challenge to the cognizance order when the trial is at the stage of hearing final submissions

Section 498A IPC relationship in nature of marriage

Case Briefs High Courts

Calcutta HC: Section 498-A IPC prosecution maintainable in relationships in the nature of marriage, where formal marriage is absent

The present petition brings to the fore a classic contest between technical statutory defences and the lived realities of domestic cohabitation.

Case Briefs High Courts

Bombay HC suspends sentence in teacher-student POCSO case over material contradictions and lack of electronic evidence

Material contradictions, significant omissions, and the complete absence of the alleged photographs, videos, messages, and call records persuades the Bombay High Court to suspend the sentence in a POCSO conviction, holding that the prosecution case raised serious issues requiring appellate scrutiny and that the evidence disclosed chances of acquittal pending appeal.

Case Briefs High Courts

‘Pious wife’ and ‘Bahu’ remarks unwarranted and regressive, cannot replace child-welfare assessment: Bombay HC sets aside family court’s interim custody order

The Court held that the Family Court had not appreciated the jurisdictional parameters of Section 12, Guardians and Wards Act and had failed to independently assess the physical, emotional, educational or psychological welfare of the child while directing change of interim custody.

Case Briefs High Courts

Satya Niketan PG Hostel Building Collapse: Delhi HC directs Citywide PG Hostels inspection, inquiry into regulatory lapses, fixing of Officials’ responsibility

Taking note of the assurance given by the MCD, Union of India and Delhi Police that all possible steps were being taken and the rescue operation was being conducted in full swing, the Court expressed the hope that the efforts would be doubled so that human lives could be saved.

Case Briefs High Courts

Applying mouth to a child’s private part constitutes penetrative sexual assault under S. 3(d), POCSO Act; Kerala HC upholds conviction

The Kerala High Court upheld the conviction of an accused under the Protection of Children from Sexual Offences Act, 2012, holding that intentional application of the mouth to the private part of a child squarely falls within the ambit of Section 3(d) of the Act and constitutes penetrative sexual assault.

new material requirement for criminal review

Case Briefs Foreign Courts

Can a conviction be reopened through a new interpretation of previously canvassed evidence? Singapore Court of Appeal clarifies

Shortly before his scheduled execution, the applicant sought permission to bring a criminal review application challenging his conviction for trafficking in diamorphine. The application centred on allegations concerning the chain of custody of the drug exhibits, despite the fact that no such challenge had been raised at trial or on appeal.

Article 226 vs Article 227 Supreme Court

Case Briefs Supreme Court

Supreme Court: Article 226 Writ Petition cannot be treated as Article 227 to deny right of appeal

Supreme Court holds that a writ petition under Article 226 cannot be treated as one under Article 227 to deny an appellate remedy. Revenue Court orders can be challenged under Article 226.

Case Briefs High Courts

“Age bar under ART Act applies to individuals, not the couple as a unit”; Gujarat HC allows couple to avail IVF despite wife crossing prescribed age-limit

The Court held that so long as one spouse of a “commissioning couple” satisfies the age criteria prescribed under Section 21(g), Assisted Reproductive Technology (Regulation) Act, 2021, the couple cannot be denied access to Assisted Reproductive Technology services merely because the other spouse has exceeded the upper age-limit, following a consistent line of decisions of the Calcutta, Madhya Pradesh and other High Courts.

Case Briefs High Courts

Not named in initial statement, no specific role: Delhi High Court grants bail to woman accused in Murder case after 2.8 Years of Custody

Delhi High Court granted regular bail to a woman accused in a murder case, taking note of her prolonged incarceration, lack of a specific role in the offence, absence of CDR material placing her at the crime scene and her status as a woman and mother of 3 minor children.

Husband cannot force wife to do household chores

Case Briefs High Courts

Need permission to visit her parents but commanded to care for in-laws and do chores? Karnataka HC says marriage isn’t a relationship between unequals

The Court held that a woman has got fundamental and absolute right to make decisions concerning her career, finances, etc. and a husband cannot compel or coerce her to live according to his wishes and expectations.

Case Briefs Supreme Court

Judicial Officers are not employees: Explaining the Supreme Court’s case for raising the District Judge retirement age to 62

The Court considered “preservation of experienced judicial officers, while removing the clog of deadwood, blocking the entrance of young blood invigorating the system”, a balance approach to the problem in hand.