Case Briefs Archives

Abetment of suicide | Mere refusal to marry even if true by itself would not amount to instigation under S. 107 IPC: Supreme Court

“In the case on hand, even if we believe that the accused due to opposition and pressure from his family declined to get married with the deceased, it could not be said that he led to a situation by which the deceased was left with no other option but to commit suicide.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Expected to maintain standards”; DCDRC directs IRCTC to pay Rs 25000 compensation for dead worm found in Veg Biryani

The DCDRC said that it is expected from IRCTC to maintain certain standards and to check the quality of food that is being served to the consumers while travelling.

Case Briefs High Courts

Rajasthan High Court upholds prosecution against anaesthetist posing as gynaecologist for medical negligence and cheating

“It is settled proposition of law that FIR is not an encyclopaedia and should be read with the material collected by the investigating agency during investigation.”

Case Briefs High Courts

Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court

In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.

record foreign witness testimony through VC

Case Briefs High Courts

Delhi High Court allows recording of evidence of US-based witness through Video Conferencing in an Official Secrets Act case

“The objective of the stringent Official Secrets Act provisions is achievable through calibrated safeguards, including conducting the examination from a secured State-controlled facility, ensuring an in-camera regime, restricting devices, and controlling the display and movement of documents. The law demands reasonable containment of risk.”

Trial Court must decree settlement after mediation

Case Briefs High Courts

Once dispute is referred to mediation and settlement is reached, Trial Court cannot refuse decree: Orissa High Court

“The disputes between the neighbours relating to the easementary rights are clearly mentioned as being suitable for mediation.”

quashing FIR based on unexecuted settlement

Case Briefs High Courts

‘No implementation or execution of mutually settled agreement’: Delhi High Court refuses to quash FIR in matrimonial case

As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.

Case Briefs High Courts

“Lack of timely supervision”: Chhattisgarh HC directs Collector to provide solution for obstruction of public passages in Dayalband Bridge Blockage Case

“Though subsequent orders led to removal of the obstruction and initiation of preventive proceedings, the facts reflect lack of timely supervision and failure to prevent encroachment over a commonly used public passage.”

Case Briefs Supreme Court

Supreme Court explains impact of undue and unexplained delay on validity of arbitral awards

Supreme Court held that the undue delay and indecisive conduct of the Arbitrator, which culminated in a rudderless Award, were utterly shocking, as he completely lost sight of the fundamental purpose of the arbitration process.

law student derogatory remarks on judicial officer

Case Briefs High Courts

Delhi HC: No anticipatory bail to law student who harassed complainant, posted obscene content, and made derogatory posts against Judge and Police

“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”

Case Briefs Supreme Court

To Summon or not to Summon an Advocate? Inside important SC directions to guide Investigators & protect Client-Advocate privilege

“When a person cannot incriminate himself, he cannot be prejudiced or incriminated by the statement of his counsel, only on the basis of the professional communications he had with his counsel, in confidence”.

improper Interview Committee vitiates selection

Case Briefs High Courts

Bombay HC: Selection process vitiated by improper Interview Committee; Selective relief not permissible in tainted selection

“The Committee was required to assess the performance and personality of candidates through the experienced eyes of superior officers. Therefore, delegating such powers to subordinates amounted to rewriting Government Resolution dated 23-08-2011.”

Case Briefs High Courts

Alteration of Aadhaar information is a fundamental right; UIDAI duty bound to provide basic infrastructure for Aadhaar holders: Madras HC

“Once it is concluded that the statutory right set out in Section 31 of the Aadhaar Act would partake the character of a fundamental right, it becomes the duty of the Authority to put in place the requisite infrastructure and make available all facilities so that the right can be easily exercised.”

Unchallenged testimony not enough for cruelty claim

Case Briefs High Courts

‘Trial Court cannot grant divorce merely for wife’s absence’; Bombay HC sets aside ex parte divorce granted on Husband’s unchallenged testimony

“The only reason why the Trial Court found that the wife has treated the husband with cruelty is, that the testimony of the husband had gone unchallenged.”

Case Briefs High Courts

Kerala High Court dismisses plea to cancel ‘INDIA GATE’ trade mark; clarifies jurisdiction is with Delhi HC

“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”

Case Briefs High Courts

“Shocking state of affairs”: Madhya Pradesh HC takes suo motu cognizance of alleged illegal felling of 488 trees near Bhopal

The Court remarked that the news article displayed a shocking state of affairs wherein 488 trees were sought to be axed despite the NGT declining such an action and repeated orders by the Court.

Case Briefs High Courts

Balasore self-immolation case: Read why Orissa HC refused bail to FM College HOD and Principal, but granted conditional relief to two students

“Several laws have been enacted, and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, all such steps have gone in vain, and the society has collectively failed to save the life of a young girl.”

Case Briefs Supreme Court

‘High Courts are expected to keep their hands away when Supreme Court is seized of any judicial matter’: SC in Corbett Tiger Reserve case

During the course of suo motu action on illegal constructions and rampant felling of trees in the Corbett Tiger Reserve, the Supreme Court granted an order of sanction vis-a-vis an officer, who then went on to challenge it before Uttaranchal High Court and obtained a stay.

Case Briefs Supreme Court

‘Expecting insurer to pay third-party compensation beyond terms of agreement is unfair’: Supreme Court upholds pay and recover principle in motor accident claims

To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.

Case Briefs Supreme Court

Stick to enrollment fee limits or face contempt: SC directs BCI to issue written circulars to all State Bar Councils to ensure compliance with statutory limits

“We make it clear that in future if it is brought to our notice that any of the State Bar Council is charging beyond the statutory fee prescribed, we shall proceed to hold the responsible authority guilty of contempt. This aspect should also be highlighted by the Bar Council of India in the Circular we are asking them to issue.”