Case Briefs Archives

Chhattisgarh HC takes suo motu cognizance of dilapidated Police quarters in Raipur; Seeks Police Housing corporation’s response

The news report stated that the Police quarters, which were 34 years old, were dilapidated, however, no action had been taken for the affected families.

Case Briefs High Courts

Orissa High Court waives kin relative bail condition, terms it ‘onerous’ and contrary to Article 21

“Bail is the rule, but jail is the exception and an accused should be presumed to be innocent until proven guilty at the trial.”

Case Briefs High Courts

Bombay HC grants bail to accused in 2012 Pune serial blasts case, citing 12.5 years of pre-trial custody and remote chance of trial completion

“The prosecution had examined only 27 witnesses by 11-8-2025 out of 170 witnesses cited by it. Thus, the possibility of concluding of the trial in the near future appeared remote while the accused had already served more than a decade in prison.”

Case Briefs High Courts

“Nominee doesn’t receive benefits in own capacity, rather as trustee with liability”: MP HC denies relief to deceased CRPF Gunner’s family in succession case

“Merely because a person has been made a nominee, he would not receive the benefits in his own personal and individual capacity, but he would receive it as a trustee with liability to return the amount to those in whose favour the law creates a beneficial interest. The nominee will be governed by the law of succession.”

demand notice by District Mining Officer

Case Briefs High Courts

‘Failed to discharge his administrative functions properly’: Jharkhand HC sets aside demand notice issued by former District Mining Officer

If the administrative authority is calling upon the party concerned to explain the accusation of commission of any irregularity, then if the explanation is furnished, it is a bounded duty of the administrative authority to take decision on consideration of such explanation.

Case Briefs Supreme Court

Heated neighbourhood quarrels cannot constitute abetment to suicide under Section 306 IPC: Supreme Court

“Though ‘love thy neighbour’ is the ideal scenario, neighbourhood quarrels are not unknown to societal living. They are as old as community living itself. The question is whether on facts there has been a case of abetment of suicide?”

Case Briefs High Courts

‘Conduct far from bona fide’: Bombay HC upholds award of Insurance Ombudsman directing Tata AIG to pay insurance claim of Rs. 27 lakh to widow

The Court stated that IIFL and TATA AIG entered into internal business arrangement where IIFL, virtually acted as an insurance agent of TATA AIG while selling the policy to its borrower. The present case does not involve voluntary application by the insured for insurance policy.

Case Briefs Supreme Court

DISCOMS must share coal shortage costs equally, cannot claim priority for power supply based either on prior date of agreement or coal source: Supreme Court

Supreme Court reaffirmed that none of the DISCOMs, including GRIDCO could claim priority for power supply based on the date of their agreements or based on any specific coal allocation reference. The principle to be followed was that coal supply must be proportionately allocated among the DISCOMs based on the quantum of energy supplied to them.

Case Briefs High Courts

“No illegal detention by father”: Telangana HC declines mother’s Habeas Corpus plea for custody of child with 50% disability

Photographs placed before the Court disclosed that the minor child was in safe custody of his father

Case Briefs Supreme Court

Article 226 cannot be invoked to quash FIR, once cognizance of offence has been taken; remedy under Section 528 BNSS can be availed: Supreme Court

In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.

Case Briefs High Courts

Patna HC quashes maintenance order of ‘qualified’ wife who concealed facts about alimony from previous marriage

“Maintenance claims require disclosure affidavits of assets and liabilities, balanced assessment of needs and quantum based on factors like parties’ status, reasonable need and income.”

stamp duty refund despite delayed application

Case Briefs High Courts

Bombay HC orders refund of stamp duty despite application being filed beyond 5 years limitation period

“Without the deed of cancellation, the petitioner could not have sought refund of the stamp duty, and to deny the refund of the stamp duty to the petitioner was wholly unjustified and inequitable.”

Individuals Availing Sex Workers Can Be Prosecuted

Case Briefs High Courts

Individuals availing services of sex workers in brothels can be prosecuted for inducing prostitution under Immoral Traffic Act: Kerala HC

“A person utilising the service of a sex worker at a brothel cannot be termed a customer. To be a customer, a person should buy some goods or services. A sex worker cannot be denigrated as a product”

Case Briefs Supreme Court

Can NGT outsource investigation to administrative committees via bypassing statutory provisions? Supreme Court answers

The case revolved around 2 orders passed by the National Green Tribunal- one order directed the constitution of a Joint Committee to investigate the appellant’s environmental transgressions and the 2nd order imposed compensation of Rs 18 crores.

Case Briefs High Courts

‘Taking down content from digital platforms not a ground of civil contempt’: P&H HC dismisses plea alleging willful disobedience of Reet Mohinder Singh Case

While the Court was inclined to impose costs for filing a misconceived contempt petition, considering that petitioner is a young member of the Bar and mindful that costs may unduly prejudice him, this Court refrained itself from imposing costs.

4-step process to check veracity of quashment prayer

Case Briefs Supreme Court

Supreme Court lays down 4-step process to determine veracity of quashment prayer raised by an accused under S. 482 CrPC

The Court stated that if the answer to all the steps is in the affirmative, then judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC.

Service of notice in no confidence motion

Case Briefs High Courts

‘Service of notice essentially a question of fact’: Bombay HC refuses to interfere in Collector’s order regarding no confidence motion against Sarpanch

There was a clear contradiction between Tehsildar’s report and the punchnama as one stated that the Respondent 3 refused to accept the notice, so it was pasted on his residential house while the other stated that the notice was duly served to the mother of Respondent 3.

Case Briefs High Courts

‘Emotional bond does not confer superior right to custody over that of biological parents’: Bombay HC denies 5-year old’s custody to grandmother

The welfare of the child is the paramount consideration in custody matters, therefore, the right of father and mother as natural guardian can only be curtailed when the custody might be detrimental to the welfare of the child.

Case Briefs High Courts

Meghalaya HC quashes charges against former Education Minister in 17-year-old teachers recruitment case; highlights enormous delay in prosecution

In the present case, the selection process is of 2008 and about 17 years have passed since then. The first FIR was lodged on 18-7-2011. Further, nothing has moved significantly in prosecuting the accused, as only 28 out of 181 witnesses have been examined.

Case Briefs High Courts

Chhattisgarh HC| No relief to Flipkart associated delivery agent, area manager for delivering knives allegedly used for a murder

“The FIR specifically alleges that the knives ordered by the accused persons through Flipkart, which were prohibited under the Arms Act, were delivered through the logistics chain of ElasticRun where the present accused persons were employed, despite prior communications and warnings from the police authorities to e-commerce platforms to desist from supplying such prohibited items.”