Case Briefs Archives

Pat HC | Limitation to file revision application denied condonation on grounds of unexplained delay

Patna High Court: Ahsanuddin Amanullah, J. disposed of the revision petition saying that the Court did not find any ground to condone

Case Briefs Supreme Court Roundups

Supreme Court Monthly Roundup – August 2019

TOP STORIES Sexual Harassment allegations against CJI: Justice AK Patnaik completes inquiry into ‘larger conspiracy’ allegations A Supreme Court-appointed one-man panel, holding

Case Briefs High Courts

HP HC | FIR or complaint can be quashed under S. 482 CrPC to meet ends of justice, even in non-compoundable offences

Himachal Pradesh High Court: Chander Bhusan Barowalia, J. entertained a writ petition filed under Section 482 of CrPC for quashing FIR registered

Case Briefs High Courts

Bom HC | Magistrate can issue process against accused residing beyond his area of jurisdiction only after inquiry as contemplated under S. 202 CrPC

Bombay High Court: S.S Shinde, J. allowed a criminal application to the order passed by the Judicial Magistrate (First Class) issuing process against

Case Briefs High Courts

P&H HC | Anticipatory bail passed in a suicide case where prima facie the case was of depression

Punjab and Haryana High Court: Gurvinder Singh Gill, J. allowed the anticipatory bail petition in a suicide case. A petition was filed

Case Briefs Foreign Courts

CoA SL | Petitioner bound by admission of guilt made by counsel; held, permissible to withdraw admissions on questions of law but not on fact

Court of Appeal of Sri Lanka: Janak De Silva and Bandula Karunarathna, JJ. entertained a writ petition where gold pieces were confiscated

Case Briefs High Courts

Bom HC | Prosecuting of remedy before wrong forum due to incorrect opinion given by Director of Prosecution held covered under S. 470 CrPC, delay in filing appeal condoned

Bombay High Court: Prithviraj K. Chavan, J. allowed an application whereby the State of Goa sought condonation of 156 days’ delay in filing

Case Briefs High Courts

Jhar HC | Petitioners evicted without the inspection of documents; matter remitted to the Circle Officer for inspection of documents

Jharkhand High Court: Sujit Narayan Prasad, J, remitted the matter to the Circle Officer, Ranchi with a direction to consider the documents

Case Briefs Foreign Courts

CoA SL | Anonymous communication, should be acted upon and should be verified to commence an investigation under Bribery Act; held, provision should be provided for protection of whistle blowers

Court of Appeal of Sri Lanka: KK. Wickremasinghe and K.Priyantha Fernando, JJ. contemplated an appeal against the judgment of High Court related

Case Briefs Foreign Courts

Canada SC | Prior sexual conduct of complainant must not be admitted as evidence, as it may affect jury’s ability to assess other evidence correctly

Supreme Court of Canada: A Full Bench of Wagner, CJ. and Abella, Moldaver, Karakatsanis, Côté, Brown and Rowe, JJ. dismissed an appeal

Case Briefs High Courts

Bom HC | Validity of “Guidelines for Registration of Sales Contract for Import of Poppy Seeds from Turkey” issued by CBN upheld

Bombay High Court: A Division Bench of S.C. Dharmadhikari and G.S. Patel, JJ. dismissed a criminal writ petition challenging the constitutionality of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC | Notice to the Madhya Pradesh Govt. over reported botched up cataract surgery in Indore

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of a media report about alleged botched up cataract surgeries

Case Briefs Foreign Courts

UK CA | Secretary of State obliged to follow due procedure to assess violation of international humanitarian law while granting export licence for sale of arms

United Kingdom Court of Appeal (Civil Division): A 3-judge Bench of Sir Terence Etherton MR, Lord Justice Stephen Irwin and Lord Justice

Case Briefs Supreme Court

Can’t interpret “by another year” under Rule 105 of Delhi School Education Rules 1973 as “by one year at a time”: SC

Supreme Court: The bench of Dr DY Chandrachud and Aniruddha Bose, JJ has held that the words “by another year” in Rule

Case Briefs High Courts

HP HC | Rule is bail and not jail, object of bail is neither punitive nor preventative — Reiterated

Himachal Pradesh High Court: Sandeep Sharma, J. entertained a bail application where the accused was charged under Sections 363 and 376 IPC

Case Briefs High Courts

Bom HC | Prayer for withdrawal and liberty to file fresh suit cannot be split into two: plaintiff entitled to file fresh suit even if no express liberty given

Bombay High Court: Sandeep K. Shinde, J. dismissed an application filed under Section 115 CPC taking exception to the order of the Civil

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCC Times

Case Briefs

Pat HC | Limitation to file revision application denied condonation on grounds of unexplained delay

Supreme Court Monthly Roundup – August 2019

HP HC | FIR or complaint can be quashed under S. 482 CrPC to meet ends of justice, even in non-compoundable offences

Bom HC | Magistrate can issue process against accused residing beyond his area of jurisdiction only after inquiry as contemplated under S. 202 CrPC

P&H HC | Anticipatory bail passed in a suicide case where prima facie the case was of depression

CoA SL | Petitioner bound by admission of guilt made by counsel; held, permissible to withdraw admissions on questions of law but not on fact

Bom HC | Prosecuting of remedy before wrong forum due to incorrect opinion given by Director of Prosecution held covered under S. 470 CrPC, delay in filing appeal condoned

Jhar HC | Petitioners evicted without the inspection of documents; matter remitted to the Circle Officer for inspection of documents

CoA SL | Anonymous communication, should be acted upon and should be verified to commence an investigation under Bribery Act; held, provision should be provided for protection of whistle blowers

Canada SC | Prior sexual conduct of complainant must not be admitted as evidence, as it may affect jury’s ability to assess other evidence correctly

Bom HC | Validity of “Guidelines for Registration of Sales Contract for Import of Poppy Seeds from Turkey” issued by CBN upheld

NHRC | Notice to the Madhya Pradesh Govt. over reported botched up cataract surgery in Indore

UK CA | Secretary of State obliged to follow due procedure to assess violation of international humanitarian law while granting export licence for sale of arms

Can’t interpret “by another year” under Rule 105 of Delhi School Education Rules 1973 as “by one year at a time”: SC

HP HC | Rule is bail and not jail, object of bail is neither punitive nor preventative — Reiterated

Bom HC | Prayer for withdrawal and liberty to file fresh suit cannot be split into two: plaintiff entitled to file fresh suit even if no express liberty given

CCI | Abuse on account of collective dominance is a concept not recognised by the Indian Competition regime so far

Raj HC | Decree of Divorce granted in light of compromise arrived between the parties

CCI | No abuse of dominant position contemplated under S. 4 of Competition Act found against Gujarat SBST

All HC | Divorced daughter entitled to get benefit of compassionate appointment under Dying-in-Harness Rules