Case Briefs Archives

Delhi HC directs Sir Ganga Ram Hospital to hand over frozen semen sample of deceased son to parents for Posthumous Reproduction

‘Sperm sample constitutes a ‘property’ or an ‘estate’ of an individual, as it can be used for the purposes of procreation, for providing fertility to an infertile person, or for donating to enable a woman to conceive.’

Case Briefs Supreme Court

Supreme Court strikes down Khalsa University (Repeal) Act for violating Article 14

“The Khalsa University (Repeal) Act 2017, was enacted with a purpose which was non-existent, would fall under the ambit of manifest arbitrariness and would therefore be violative of Article 14 of the Constitution.”

Case Briefs Supreme Court

SC exempts 4 convicts from surrendering before Trial Court in 2013 assault case while it decides credibility of injured witness who improved version

The High Court refused to interfere with the sentence imposed on convicts, even after noting inherent contradictions in the statements of the prosecution witnesses and placed major credence on the inconsistent statements of injure and her husband, to establish the liability.

Case Briefs Supreme Court

Supreme Court sternly directs States/UTs to issue Ration Cards to eligible & entitled migrant labourers positively before 19-11-2024

Expressing its displeasure saying “Patience may be a virtue — but ours is nearing its end”, the Court listed the matter as priority for 19-11-2024.

Case Briefs High Courts

‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail

There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.

Case Briefs High Courts

‘No evidence to show that deceased was not bona fide passenger’; Jharkhand HC grants Rs. 8 lakh compensation to wife whose husband died after accidentally falling from running train

Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.

Case Briefs High Courts

Calcutta High Court denies interim relief to retired IPS officer over alleged provocative remarks at convention on R.G. Kar Medical College Case

The petitioner made statements like ‘had this happened at Sonagachi we could have said this can happen-This kind of incident cannot occur at a place like R.G. Kar’-from this we should bear in mind.

Case Briefs High Courts

Delhi High Court directs Municipal Authorities to prepare and implement a programme for dealing with ‘monkey menace’

‘Civic agencies should carry out a year-long public awareness campaign to inform people how their feeding does not benefit the monkeys but only harms them by increasing their dependence on humans.’

Case Briefs Supreme Court

Supreme Court grants bail to POCSO accused after five months in custody

Supreme Court directed the accused to extend complete cooperation in the trial, and to not misuse his liberty in any manner or to influence the witnesses in any way. In addition, the accused was directed to not make any attempts to re-associate with the victim girl in any manner either through a device or in-person.

Case Briefs High Courts

Collector’s direction under S.142(1) of Maharashtra Prohibition Act, 1949 to close liquor shop to maintain public peace must be specific and not general: Bombay HC

The Collector’s power under Section 142(1) is not restricted to one place, provided the Collector forms an opinion that it is in the public interest to keep the ‘place’ or ‘places’ closed ‘where’ the intoxicant or hemp is sold.

Case Briefs High Courts

Delhi High Court rules Domicile Certificate delays beyond students’ control; Directs CBSE to declare Board Exam results

The process of issuing and submitting the domicile certificates was delayed due to factors beyond the petitioners’ immediate control, and it is observed that no prejudice has been caused to the respondent-CBSE or any third party due to this delay.

Case Briefs High Courts

Delhi HC seeks reply on legal notice containing ‘malicious and contemptuous’ allegations against itself; Issues notice to ‘The New Indian’ and ‘X’ for publishing the same

‘The legal notice alleged that the Court had passed directions in its previous order on the basis of presumptions which, the Court said, amounts to making of contemptuous remarks against the High Court and the entire institution.’

Case Briefs High Courts

Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India

‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’

Case Briefs High Courts

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Case Briefs High Courts

Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court

The Trial Court is trying its best to conclude the trial at the earliest, but, many times, many things are not under the control of the presiding officer and all parties concerned shall support the Court in concluding the trial within a reasonable period.

Case Briefs High Courts

Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana HC to decide

The present appeals are filed in relation to writ petitions which challenged the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions seeking disqualification of three members of Legislative Assembly.

Case Briefs Supreme Court

Section 3(1), TOLA overrides Section 149 of Income Tax Act only to the extent of relaxing time limit for issuance of a reassessment notice: SC

The Court stated that TOLA will continue to apply to the Income Tax Act after 1-4-2021 if any action or proceeding specified under the substituted provisions of the Income Tax Act falls for completion between 20-3-2020 and 31-3-2021.

Case Briefs Supreme Court

[1998 Brij Bihari Prasad murder] SC restores life sentence of former MLA Vijay Kr. Shukla & another; Acquits others on benefit of doubt

Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.

Case Briefs High Courts

Rajasthan High Court takes Suo Moto cognizance on ‘Heartbreaking’ news on homeless widow’s plea for protection of her Children

“Protecting children’s right is not just a legal obligation, it’s a moral imperative that directly impacts the future of our society … The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.”

Case Briefs High Courts

Delhi HC allows settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort

Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.