Case Briefs Archives

“Raped her physically and mentally”; Gujarat Court sentences man to rigorous life imprisonment for raping and impregnating minor daughter

“The Court has no words to describe its anguish against the heinous act of the victim’s father.”

‘Local study and application of mind essential for implementing education policy’; Kerala HC stays order to remove Arabic, Mahal from Lakshadweep school curriculum

Kerala High Court viewed that a prima facie case was made out by the Petitioner that the impugned office order was issued without conducting any study or consultation with stakeholders

Case Briefs High Courts

‘Lacks rationale’; Bombay High Court quashes Gram Panchayat’s resolution cancelling NOC for mobile tower construction

In the modern age, mobile phones are no longer a luxury but an inevitable necessity, even in the remotest part of the country. Therefore, before adverting to the drastic action of cancelling NOC, an independent scrutiny of the complaint that mobile tower causes health hazard, is legally mandated.

Case Briefs High Courts

‘Stay on entire election is last choice, not first reaction’; Rajasthan High Court dismisses plea challenging Adhoc Committee’s conduct of KDCA’s fresh election

“Free and fair elections are the cornerstone of democratic governance, including elections of all kinds of governing bodies. Elections are usually best conducted in their usual course, i.e., without any interference and interruptions.”

Case Briefs High Courts

‘Justice system should not be weaponised to punish emotional intimacy between peers’; Orissa HC grants interim bail to POCSO accused

“In cases involving adolescents or young adults, especially where the relationship is not formally sanctioned by families, legal proceedings may become a proxy for familial disapproval rather than a genuine invocation of victimhood.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC dismisses complaint against Wow Momos for serving Non-Veg Momos to ‘strictly vegetarian’ customers as they fail to prove their claim

The Commission strictly opined that if the complainants were strictly vegetarian and that non-vegetarian foods hurt their religious sentiments, then why did they opt to order food from an outlet that delivers both veg and non-veg food items.

Case Briefs Supreme Court

‘Under no circumstances, is an involuntary or forced narco-analysis test permissible under law’; SC sets aside Patna High Court’s order permitting involuntary test

The High Court in direct contravention of the Selvi v. State of Karnataka, (2010) 7 SCC 263 accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons and other witnesses, during the investigation.

Case Briefs High Courts

Inside Madras High Court’s verdict on State’s power to regulate online real money games

“The State cannot remain a mute spectator when the population at large is exposed to serious physical, mental and financial risks due to constant exposure to a specific online entertainment/games/trade. In circumstances where a total prohibition is not possible at least a minimum of regulation becomes a necessity.”

Case Briefs High Courts

Bombay HC orders full reimbursement for heart transplant surgery to former Central Govt. employee for expenses incurred at private hospital

“A heart transplant is a serious ailment, and its surgery is critically important, and cannot be postponed, thus, is a special circumstance. Such surgeries are expedited in the interest of human life without an embargo of an expenditure which is secondary to human life.”

Case Briefs High Courts

‘No tourism; No alcohol; No non-veg’; Inside Jharkhand HC’s decision on preserving the sanctity of Parasnath Hill

The Court ordered strict enforcement of the 2023 Office Memorandum issued by the Union of India under Section 5 of the Environment (Protection) Act, 1986 which recognized the sanctity of Parasnath Hill and its significance for the Jain community directing a ban on tourism and other activities.

Case Briefs Supreme Court

Two acquitted in 43-year-old murder case as SC slams suppression of evidence and unfair probe

“Even the Police are under an obligation to carry out a fair investigation. This is a crucial aspect of fairness. The objective of the investigation is to ensure that the real culprits are brought to justice. The legal system must ensure that an innocent person is not punished.”

Case Briefs High Courts

‘Injunction granted without adhering to established legal principles’; Telangana HC quashes gag order passed against The News Minute in MEIL defamation case

“The ad-interim ex-parte injunction is not only unreasoned but also does not specify the time period during which it would be in force.”

Case Briefs High Courts

Chhattisgarh HC refuses to quash FIR against Guru Ghasidas University professors who allegedly forced Hindu students to offer namaz at NSS camp

The professors contended that the complaint was lodged with a delay of two weeks, and it was politically motivated false accusations.

Case Briefs High Courts

Delhi High Court: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence

“While it is correct that for purposes of invoking jurisdiction under Section 9 of the Guardians and Wards Act, 1890, it is not necessary for the child to be a permanent resident of the place and even a temporary residence shall suffice, such temporary residence should not be illegal or forceful.”

Case Briefs High Courts

Allahabad High Court overturns Trial Court’s denial of Passport NOC to BBC journalist for reporting on Barabanki Mosque demolition

The judgment marks a significant development in the evolving jurisprudence concerning personal liberty, the scope of State authority in passport-related matters, and the rights of individuals facing criminal proceedings.

Case Briefs High Courts

Delhi High Court imposes 50k costs on advocate for filing PIL using own credentials without petitioner’s signature

The Court observed that filing complaints against unauthorized construction by advocates themselves, coupled with writ petitions submitted without the signatures of the purported litigants, amounts to a clear abuse and misuse of the judicial process.

accused person's inability to explain; burden of proof

Case Briefs Supreme Court

Circumstantial Evidence | Inability to explain certain situations can’t be made a basis to relieve prosecution from discharging its primary burden: SC

“The subsequent acts of cleaning up the crime scene and making false enquiries amount to disappearance of evidence and raise grave suspicion against the convict. However, mere suspicion, no matter how grave, cannot take the place of proof in a criminal trial”.

Case Briefs High Courts

Development versus Environment Protection | Rajasthan High Court mandates to plant ‘10 trees for every one fell’ for development & beautification project

“A Master Plan is a policy document for guiding the future development of the cities or towns in a planned manner which cannot be modified or revised… at the whims and fancies of the authority concerned… It should be implemented in larger public interest.”

Case Briefs High Courts

Punjab and Haryana HC directs release of police officer’s retiral dues withheld due to pending case under Punjab Excise Act

“The petitioner virtually retired in 2018, but he is unable to get his retiral dues because of the FIR. He cannot be held guilty for non-adjudication of the FIR. The fault lies either with the Police Authorities or Public Prosecutor or Court Staff.”

Case Briefs High Courts

In absence of any documentary proof of date of birth, ossification test is required: Delhi HC sets aside conviction under POCSO Act

“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”