Case Briefs Archives

Bom HC | ‘Consent’ of minor for sexual act who conceived and delivered a baby will be immaterial

Bombay High Court: The Division Bench of S.S. Shinde and Manish Pitale, JJ., held that whether a minor gave her consent for

Case Briefs High Courts

[S. 438 CrPC] HP HC | A balance has to be maintained between the right of personal liberty and right of Investigating Agency to investigate and arrest an offender for the purpose of investigation

Himachal Pradesh High Court: Vivek Singh Thakur, J., dismissed the petition and approved the prayer for custodial interrogation. The facts of the

Case Briefs High Courts

Political Rift? Bom HC decides on whether a “nominated councillor” of the Municipal Corporation of Greater Mumbai be inducted in Corporations’ Standing Committee? [Nominated Councillor v. Elected Councillor]

Bombay High Court: The Division Bench of Dipankar Datta, CJ and G.S. Kulkarni, J., noted that the trigger for the present petition

Case Briefs High Courts

All HC | Wife’s appeal against divorce decree withdrawn due to reconciliation and cohabitation with husband. Later, husband passed away. Is she entitled to maintenance under Hindu Adoptions & Maintenance Act? Read on

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., while setting aside a decree of divorce

Case Briefs High Courts

P&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation

Punjab and Haryana Case: Harnaresh Singh Gill, J., dismissed the instant petition filed for issuance of directions to Police officials to hand

Case Briefs Foreign Courts

Pak SC comes down heavily on virginity tests. Holds that dragging sexual history of the rape survivor in a case, by making observations about her body, is unconstitutional

Supreme Court of Pakistan: In a significant decision, the 3 Judge Bench of the Court comprising of Manzoor Ahmad Malik, Mazhar Alam

Case Briefs Foreign Courts

[Google v. Oracle] SCOTUS | Google’s copying of the Java SE API, taking only what was needed to allow programmers to put their accrued talents to work in a transformative program, constituted fair use

Supreme Court of The United States: In a major decision in the copyright dispute between Google and Oracle over copying certain lines

Case Briefs High Courts

Bom HC | Father rapes minor daughter, but conviction under S. 376(2) (i) IPC set aside. Why? Read Court’s opinion in light of S. 164 CrPC || Detailed Report

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., while addressing the present matter expressed that: “…relationship

Case Briefs Supreme Court

Murderer kills one or two persons but persons dealing with narcotic drugs inflict death blow to a number of innocent youngsters: Supreme Court

“While striking balance between the mitigating and aggravating circumstances, public interest, impact on the society as a whole will always be tilt in favour of the suitable higher punishment.”

Case Briefs High Courts

[Telephone Tapping] Chh HC | Dismissal from service based on telephonic recorded conversation offends Art. 21 of Constitution of India

Chhattisgarh High Court: Gautam Bhaduri, J., held that proper opportunity of hearing shall be given and procedure of rules of natural justice

Case Briefs High Courts

Del HC | Is it within Court’s power to direct for further investigation on finding defects in the same? Death caused by suicide, Allegations of Dowry Death | Why FIR was registered after 10 months of deceased’s death? [Detailed Report]

Delhi High Court: Subramonium Prasad, J., expressed that: “Courts must not close its eyes to the fact that it is the victim

Case Briefs Supreme Court

Can there be presumption of Hindu joint family property if a business activity carried out by Karta in a tenanted premise? Supreme Court answers

“Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on behalf of Joint Hindu Family.”

Case Briefs High Courts

Bom HC | Anil Deshmukh ‘prima facie’ committed cognizable offence, but No immediate FIR by CBI. Credibility of State machinery at stake: HC directs CBI to conclude preliminary investigation preferably within 15 days

“It is said that none can see time, but many a time, time makes us see many things hitherto before unseen. So true.”

─ Bombay High Court

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | R. 6(3) of CCR, 2004 applicable only to manufacturers who manufacture two classes of the goods i.e. non-exempted and exempted goods; Tribunal allows appeal sets aside interest and penalty

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the rejection of

Case Briefs High Courts

J&K HC | “Their engagement in private coaching invariably slows down their performance in the Government schools”; HC upholds the ban on private tuition by Government teachers

Jammu and Kashmir High Court: Sanjeev Kumar, J., heard the instant petition challenging the validity of circular No. CEO/K/Monitoring/20/14887-967 dated 21-11-2020, whereby

Case Briefs High Courts

[Custody of minor child] P&H HC | Welfare of minor is the paramount consideration to be kept in mind while appointing a guardian in regard to S. 17 of the Guardian Act r/w S. 13 of the Minority Act

Punjab and Haryana High Court: Sudhir Mittal J. sets aside the impugned order and directed the custody to the mother subject to

Case Briefs High Courts

Ker HC | “Their livelihood will be lost, if they fail to report back for duty”; HC directs Sessions Court to release passports of under-trial labours employed abroad

Kerala High Court: V.G. Arun, J., allowed the instant petition whereby the petitioners had sought for the issuance of directions to the

Case Briefs High Courts

Megh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides

Meghalaya High Court: W. Diengdoh, J., allowed a petition which was filed against the rejection order of the Chief Judicial Magistrate about

Case Briefs High Courts

MP HC | Prolonged pre-trial detention an anathema to the concept of liberty, Court allows bail application

Madhya Pradesh High Court: S.A. Dharmadhikari, J., allowed an application for bail which was filed for the fourth time, the first one

Case Briefs High Courts

Manipur HC| Civil or Criminal? – Lower Courts must first discover the basic nature of the dispute

“When the dispute in question is discovered to be predominantly of civil nature then an attempt to make it criminal offence should be thwarted and discouraged.”