Case Briefs Archives

test to invoke summons under S. 319 CrPC

Test to invoke S. 319 CrPC is whether unrebutted evidence would reasonably lead to conviction of person sought to be summoned: Orissa HC

In the present case, the petitioner was arrayed on suspicion and surmises over an extra-marital affair with the informant’s daughter-in-law, thereby leading to summons under Section 319 of the CrPC.

Case Briefs High Courts

Employers should not hinder ex-servicemen’s rehabilitation by denying them employment under quota: Punjab and Haryana High Court

‘Ex-servicemen retire from the armed forces in large numbers every year, at a comparatively younger age to their civil counterparts. However, the opportunities of their civil employment are not always proportional to the rate at which ex-servicemen are discharged.’

Case Briefs High Courts

Mandating local surety from non-resident, not just logistical inconvenience but assault on fundamental rights: Punjab and Haryana High Court

In the present case, the petitioners from Kolkata had furnished local sureties in Gurugram, however the documents of the sureties turned out to be fake.

Case Briefs Supreme Court

Supreme Court directs States/UTs to frame rules under Anand Marriage Act to facilitate registration of marriages solemnised by Anand Karaj

“In a secular republic, the State must not turn a citizen’s faith into either a privilege or a handicap. When the law recognises Anand Karaj as a valid form of marriage yet leaves no machinery to register it, the promise is only half kept”.

Case Briefs High Courts

S. 198-B CrPC bars Magistrate from taking cognizance of rape under S. 376-B IPC without complaint by separated wife: Kerala HC

“The Magistrate had taken cognizance of the offence under Section 376-B IPC upon the final report filed by the Malappuram Police, against the legal embargo contained in Section 198-B CrPC.”

Case Briefs High Courts

Bombay High Court quashes money laundering case against Chamankar Enterprises in Maharashtra Sadan Scam

Anti-Corruption Bureau probed irregularities in granting of Rs 100 crore contract to the petitioners for three projects including the construction of Maharashtra Sadan in New Delhi. Based on such findings, Enforcement Directorate registered separate money-laundering case against the petitioners.

Case Briefs Supreme Court

Supreme Court seeks detailed State Report in Karnataka multi-party land sale; Orders probe into forged sale deeds, registration irregularities

The proceedings highlight the Supreme Court’s emphasis on procedural clarity and its resolve to tackle systemic issues in property disputes, carrying significant implications for due process in the registration and sale of immovable property.

Case Briefs High Courts

Bombay High Court dismisses plea against CCI’s order for probe against Asian Paints over abuse of dominance in decorative paints market

The allegations made against Asian Paints were for offering arbitrary discounts and incentives to dealers in exchange of exclusivity by threatening the dealers against stocking the products manufactured Birla Paints and for coercing transport agents to avoid dealing in their products.

Case Briefs High Courts

Delhi High Court clarifies PMLA procedure; Lays down roadmap for Adjudicating Authorities on retention and seizure

Filing an application under Section 17(4) before the Adjudicating Authority does not ipso facto permit the ED to retain the seized property unless it also complies with the requirements of Section 20. Failure to do so would amount to a violation of the express procedure established by law.

Case Briefs High Courts

Punjab and Haryana HC sets aside compulsory retirement of 58-year-old District Judge; Criticizes Administrative Judge’s adverse remarks on integrity

“It is difficult to comprehend that an officer who had no adverse remarks in his entire career spanning 30 years, behaved and conducted himself in such a manner, compelling the Administrative Judge to categorize the District and Sessions Judge from ‘Very Good’ in 2009-10, down to ‘C’ (doubtful integrity) in 2010-2011.”

able-bodied husband unemployment maintenance

Case Briefs High Courts

‘Able-bodied husband’s unemployment no excuse to evade legal duty to maintain wife’ ; Calcutta HC sets aside Family Court’s order

“Once there is no denial of the fact that the husband is an able-bodied young man capable of earning, he cannot simply deny his legal obligation of maintaining of his wife equal to the status and strata.”

Case Briefs Supreme Court

Mere non-production of seized contraband during trial may not be fatal if there is reliable evidence in respect of its seizure: SC

The Court further restored the case of the file of the High Court for fresh decision in accordance with law as neither the High Court nor the Trial Court has enlisted the entire evidence available on record; therefore, it was difficult for the Court to take a decision with precision.

Rape allegation made for first time in Section 164 statement

Case Briefs High Courts

‘Rape allegations cannot be disregarded merely because they were made for the first time in S. 164 CrPC statement’: Rajasthan High Court

“The Court cannot act as a mere post office or mouthpiece of the prosecution; it is required to apply its judicial mind to the material placed on record before it.”

Acquittal in murder case on failure to prove guilt

Case Briefs High Courts

‘Classic case where prosecution failed to establish guilt’: Bombay HC acquits accused in murder case

The accused is a prime suspect in a murder case, as he had previously harassed the deceased. However, the Court opined that he cannot be convicted based on the feelings of the deceased’s parents, when not a shred of evidence can be found which connects the accused with the crime.

Case Briefs High Courts

Patna High Court stalls circulation of AI generated video of PM Narendra Modi and his late mother

“Any attempt to stigmatize or marginalize an entire class of persons offends the guarantee of equality before law under Article 14 and freedom of expression with reasonable restrictions under Article 19(2).”

Case Briefs High Courts

Calcutta High Court grants anticipatory bail in POCSO case acknowledging 17-year-old victim as wife of accused

The Calcutta High Court recorded submissions that the alleged minor was in fact above 17 years, had married the petitioner, and was living with him as his wife with a child born out of the marriage.

contributory negligence as mitigating factor in criminal cases

Case Briefs High Courts

‘Doctrine of Contributory Negligence does not apply to criminal law; may be considered a mitigating factor while punishing offender’: Andhra Pradesh HC

The accused, who was a bus driver, was obligated to sound the horn, wait a reasonable period, or seek assistance from the conductor before moving the bus. Failure to adopt such precautions constituted negligence as a public bus driver.

Case Briefs High Courts

Can landlord’s pension income be used as a ground to counter bona-fide requirement in eviction proceedings? Himachal Pradesh HC answers

“The landlord had a right to put his property for better use and to obtain a higher income. He had a right to choose the place for the business which was most suitable to him”

Case Briefs High Courts

Orissa HC upholds Government’s decision to revoke licenses of teachers acting as Registrars of Muslim Marriages

“That being the position, how will they be able to discharge their duty as teachers with absolute commitment in the Government Schools, is a big question.”

Section 9 IBC proceedings closed based on affidavit

Case Briefs Tribunals/Commissions/Regulatory Bodies

Affidavit confirms settlement between Corporate Debtor and Operational Creditor; NCLAT closes Section 9 IBC proceedings

“Despite the contentions raised by the Appellant, Appellant entered into settlement with the Operational Creditor to discharge his dues, which has been filed by an Affidavit by the Appellant as well as Respondent.”