Case Briefs Archives

Activist with “an urge to positively contribute to the society” files plea u/s 482 CrPC seeking expedition of a criminal trial. ‘You have no locus standi’, holds SC

Supreme Court: The 3-judge bench of Ashok Bhushan*, R. Subhash Reddy and MR Shah, JJ has reiterated that an application by a

Case Briefs Supreme Court

‘Physically impossible for me to commit rape’, claims a one-handed man convicted for rape of a 6-year-old. SC says “there is no such impossibility”

Supreme Court: In a 20-year-old case relating to rape of a 6-year-old, the 3-judge bench of RF Nariman*, Navin Sinha and KM

Case Briefs Supreme Court

COVID-19| Financial disability of parents/guardians should not hinder education of children restored from Child Care Institutions; Supreme Court issues directions

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ has issued directions to ensure education of

Case Briefs High Courts

Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider

Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the

Case Briefs High Courts

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal

Case Briefs High Courts

Del HC | WhiteHat Jr Defamation Case: Aniruddha Malpani restrained from posting, publishing, sharing any content which is defamatory, derogatory or deprecatory in nature to White Hat Jr, its management or employee

Delhi High Court: Mukta Gupta, J., grants ad-interim injunction while restraining defendant from posting, publishing, sharing any content which is defamatory, derogatory or

Case Briefs Supreme Court

Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s how SC solved the conundrum on these competing interests

“Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a car is stolen while being insured but temporary registration of car expires, can Insurance company escape from its liability of indemnifying loss? Commission decides

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member), held that since the Insurance Company itself insured the complainant’s vehicle and the

Case Briefs High Courts

HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Amount already reversed before introduction of CGST Act 2017 entitled to be re-credited; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal filed against the impugned order wherein the

Case Briefs High Courts

[Medical Negligence] Del HC | Person performing surgery on pregnant women leading to death of the patient: Court rejects bail for offence under Ss. 315, 304 IPC

Delhi High Court: Manoj Kumar Ohri, J., denied bail to the petitioner who is accused of commission of offence under Section 315 (act

Case Briefs Supreme Court

COVID-19| AYUSH doctors can prescribe Homeopathic medicines but can’t advertise them as a cure for COVID-19: Supreme Court

“The homeopathy does not cure the disease, but it cures the patients.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Investigation and Survey by an insurance company are fundamental in determining the amount payable to insured: Can a survey be disregarded or dismissed? Read Commission’s decision

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member) while addressing the instant first appeal upheld the State Commission’s Order in

Case Briefs High Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

Case Briefs High Courts

Chh HC | In a case where question of recovery of loan amount is based on the deed of ‘ikrarnama’ where does the burden of proof lie regarding its authenticity; HC decides

Chattisgarh High Court: Sanjay S. Agarwal J., dismissed the appeal being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Ker HC | It is in the interest of citizenry that elections to local body are conducted in a free and fair manner and well-meaning candidates get elected to the local bodies; necessary directions issued

Kerala High Court: Raja Vijayaraghavan V J., while allowing the present petition, discussed the importance of free and fair elections and further

Case Briefs High Courts

MP HC | Custody of the child with the mother can not be said to be illegal confinement; Court dismisses petition

Madhya Pradesh High Court: S.A.Dharmadhikari J., dismissed a writ petition which was filed invoking the jurisdiction of the Court under Article 226

Case Briefs High Courts

AP HC | “Real respect and honour is to render speedy justice to senior citizens”: HC says early disposal of cases concerning senior citizens should be prioritised

Andhra Pradesh High Court: Battu Devanand, J., observed that: It is the duty of the Courts to see that the senior citizens

Case Briefs Supreme Court

SC finds investigation in Ram Nath Chaubey murder case involving BJP MLA Sushil Singh a sham “designed to conceal more than to investigate”. SIT to takeover

“To say that further investigation was not possible as the informant had not supplied adequate materials to investigate, to our mind, is a preposterous statement, coming from the police.”

Case Briefs Supreme Court

‘Landlord-tenant disputes under Transfer of Property Act are arbitrable’. SC lays down test for determining non-arbitrability of disputes

Supreme Court: The 3-judge bench of NV Ramana*, Sanjiv Khanna** and Krishna Murari, JJ has overruled the ratio in Himangni Enterprises v.