Case Briefs Archives

Refusal to allow brother’s widow to reside in shared household constitutes Domestic violence: Bombay HC

“The wording itself “has lived together at any point of time”, covers even the past cohabitation or past togetherness between the aggrieved person and the respondent.”

Case Briefs High Courts

Read why Punjab and Haryana High Court dismissed BJP MLA Devender Attri’s plea to reject election petition against him

“There was a massive delay in the disposal of the election petition, because of which the petitioner thought it appropriate to confine his arguments only to the recounting of votes in terms of the amended petition.”

Case Briefs High Courts

‘No exclusivity between Dreamfolks and its clients’: Delhi HC declines to pass restraining order against Encalm in airport lounge case

“Nothing has been placed on record by Dreamfolks to show that the said entities/ banks are its exclusive clients and that they have not entered similar agreements with other service providers like Dreamfolks.”

minor son kidney transplant without consent

Case Briefs High Courts

Madras HC orders Medical College to provide treatment for kidney transplant to a minor boy without insisting on father’s consent

The petitioner contended that insistence for getting the consent of the petitioner’s husband is arbitrary, unreasonable and violative of the minor child’s right to life guaranteed under Article 21 of the Constitution.

Case Briefs High Courts

‘S. 59 of Maharashtra Police Act is heart and soul of externment proceedings’: Bombay HC quashes order passed without hearing

“When question of fundamental right guaranteed under Article 19 of the Constitution of India is involved, it is the duty of all officers concerned, to be sensitive before passing of the externment order.”

Case Briefs High Courts

‘No social media for 3 years’: Rajasthan High Court’s bail condition for 19-year-old accused of circulating obscene content

“If the accused indulged in any of the act to cause any harm to victim or her family, this order will be recalled immediately.”

damages for dispute settlement not declared service

Case Briefs Tribunals/Commissions/Regulatory Bodies

Damages received for dispute settlement of agreement to sell, not taxable as ‘declared service’ under S. 66-E(e) of Finance Act, 1994: CESTAT

A settlement of dispute is clearly not an agreement to tolerate any act or situation. It is beyond the scope of Section 66-E(e) of the Finance Act, 1994 and thus not a ‘declared service’.

Case Briefs High Courts

Bombay High Court orders release of detenue held without evidence; Takes note of judicial and investigative failures under S. 189 BNSS

“It is a sorry state of affairs because inspite of there being no evidence against the detenue and without any Order of Remand, the detenue is in custody, illegally.”

Case Briefs District Court

Here’s why Bengaluru Court rejected defamation complaint against CM Siddaramaiah over RSS and Bajrang Dal remarks

“As such alleged statement or remarks were an intrinsic part of a legislative debate on the governance and law & order. Thus, the same is squarely within the sphere of proceedings in the legislature.”

Case Briefs Supreme Court

Supreme Court issues bailable warrants against Advocate to account for FIR in 1971 Forgery Case; Stays arrest of 71-year-old woman

“It is quite unfortunate that the Allahabad High Court has illogically turned down the prayer for grant of anticipatory bail to the petitioner who is a 71-year-old woman, and when she is neither seller nor purchaser nor a witness or the beneficiary of the sale deed dated.”

Sub-tenant bound by eviction order against tenant

Case Briefs High Courts

Eviction order against tenant binds sub-tenant if he fails to establish his tenancy directly under landlord’s predecessor-in-interest: Himachal Pradesh HC

“The sub-tenant was not a necessary party to an eviction petition on the ground of sub-letting, but since in the instant case the landlord herself had impleaded sub-tenant as a party, it could not be said that the sub-tenant was not the aggrieved party.”

Case Briefs High Courts

“Unbecoming of a member of the Bar”; Bombay HC denies anticipatory bail to Advocate couple in share trading scam with unrealistic 10-15% monthly profit claims

“The very fact that an advocate has issued a notice admitting payment of more than Rs 26 lakhs for liaisoning with revenue authorities indicates conduct which is prima facie unbecoming of a member of the Bar.”

Case Briefs Supreme Court

‘Litigation getting murkier’; Supreme Court appoints former CJI Dr D.Y. Chandrachud as Mediator in Euro v. Geomin dispute

The Court directed the parties to maintain status-quo. If there are any proceedings pending between the parties, civil or criminal, those proceedings shall remain stayed till the report of the Mediator is received and further orders are passed by the Court.

Case Briefs High Courts

‘SDM couldn’t have initiated preventive proceedings in private dispute’; Himachal Pradesh HC quashes summoning notice under S. 111 CrPC

“In the notice issued by the SDM under Section 111 CrPC, he did not specify the substance of the information, the amount of the bond, the number of sureties or the period for which the bond was to remain in force.”

Case Briefs Supreme Court

Inside Supreme Court’s verdict approving the Draft Constitution of All India Football Federation

Expressing hope that when adopted, the Constitution, will mark a new beginning for Indian football, the Court directed the AIFF to call for a special general body meeting and adopt the draft Constitution preferably within 4 weeks.

Case Briefs High Courts

Delhi High Court protects Karan Johar’s Personality Rights; grants interim injunction

“Given the commercial value of these publicity rights, a celebrity is entitled to safeguard his interest against any misuse of the personality attributes which includes his name, image, voice and likeness.”

Case Briefs High Courts

Section 179(1) BNSS does not empower police with unlimited jurisdiction; notice cannot be issued beyond own or adjoining station: Andhra Pradesh HC

Irrespective of petitioner’s age, gender, acute ill-health, the fact remains that, the Police Officer making an investigation cannot issue notice under Section 179(1) of BNSS to the petitioner, who is residing at Noida. However, it does not preclude the said officer to examine such person by approaching him.

arbitrary travel obstruction of protestors

Case Briefs High Courts

Prior permission for protest necessary; authorities cannot obstruct travel arbitrarily when protestor held valid tickets: Madras High Court

“The law requires prior permission before conducting demonstrations, and when such permission is granted, conditions must be respected.”

Case Briefs High Courts

Dealership and Lease Agreements are distinct, disputes must be litigated independently: J&K and Ladakh HC

“Order 2 Rule 2 and Section 11 CPC ensured that all claims were brought in one suit, and Section 11 CPC also operated to bar re-litigation of decided matters.”

FIR registration invalid ground to deny parole

Case Briefs High Courts

Mere registration of FIR invalid ground to deny parole: Himachal Pradesh HC grants 42-days parole for agricultural purposes

“The accused’s parole was denied by the District Magistrate as the victim’s mother had raised safety concern and also because during his previous parole, an FIR was registered against him for involvement in an altercation.”