Case Briefs Archives

‘Unwarranted Suspension burdens Public Funds and wastes Government resources’; Rajasthan High Court quashes Range Forest Officer’s suspension order

“The suspension though is not a punishment but is required to be effected with due caution and vigilance and a civil servant could not be placed under suspension without due application of mind and without examining the need to do so.”

Case Briefs High Courts

Wife declining to cohabit with husband by forcing him to live in separate room, amounts to both physical and mental cruelty: Allahabad High Court

“There was sufficient evidence to prove the ground of cruelty pleaded by the husband for grant of a decree of divorce”

Case Briefs Supreme Court

Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court

Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.

Case Briefs High Courts

Read why Gujarat HC dismissed Asaram Bapu’s plea for suspension of life sentence in rape case

Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.

Case Briefs High Courts

‘No Priority orders without Case Statistics’; Rajasthan High Court cautions against interference with trial court’s cause list and priorities

“Order of priority hearing, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or great antiquity and urgency are left to be decided in the normal channel.”

Case Briefs High Courts

Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi

‘Reputation is an essential attribute of personality, and the violation of this right is actionable both as a tort as well as a crime.’

Case Briefs High Courts

‘Child who does not get mother’s love may be unaffectionate and uncaring in his life’; Punjab and Haryana HC directs father to hand over minor son’s custody to mother

Since there was no order passed by any court for handing over the custody of the child to the father, so custody of the minor child at this tender age by the father cannot be considered as legal.

Case Briefs High Courts

Rajasthan High Court dismisses plea challenging NTA’s 5 marks deduction in NEET-UG 2024

“OMR answer sheets are electronically evaluated for the purpose of ensuring minimum human intervention, so as to ensure secrecy and credibility of the entire examination process.”

Case Briefs Supreme Court

SC seeks explanation from Notary & Registry over alleged attestation of fake signatures and inclusion of names of non-appeared advocates

The case of fake signatures came before the Court, when the petitioner approached the Court in person, stating that he did not know either of the Advocates who were appearing on his behalf and that he came to know of the SLP filed in his name, when the Police Station served notice upon him.

Case Briefs High Courts

Allahabad High Court asks Trial Courts to not issue certified copies of statements under S. 164 CrPC to any person till cognizance is taken

Allahabad High Court directed the Investigating Officers not to supply a copy of the statements recorded under Section 164 CrPC to any person during investigation.

Case Briefs High Courts

Absence of payment of freight charges, acknowledgement of taking delivery of goods, toll receipts fails to establish physical movement of goods; Allahabad HC upholds proceedings under S.74 of UPGST

“In the event of wrong availment of input tax credit, the proceedings can be initiated against the registered person or registered dealer but at the same time, restrictions has been imposed upon the authorities that without putting notice to the dealer, no adjudication proceeding can be initiated.”

Case Briefs High Courts

Amazon, Flipkart & Snapdeal directed to stop selling counterfeit copies of EBC’s books; Delhi HC restrains parties from printing & selling counterfeit copies of EBC books

The Court directed the Commissioners to conduct a search at the book houses and seize the infringing products bearing EBC’s registered trade marks or containing contents identical or deceptively similar to EBC’s books, books without hologram, packaging, labels, printing material and other material that reflect infringement of copyright and trade mark.

Case Briefs High Courts

Appeal against Sessions Court order rejecting anticipatory bail in scheduled offences under NIA Act is maintainable before Division Bench of High Court: Jharkhand HC

The intention of the legislature is derived by considering the meaning of the words used in the statute, with a view to understand the purpose or object of the enactment, the mischief, and its corresponding remedy that the enactment is designed to actualise.

Case Briefs Supreme Court

Position of law vis-a-vis woman being the sole owner of ‘Stridhan’ is consistent and unequivocal: Supreme Court

The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants

Case Briefs High Courts

‘Sluggish Investigation’; Uttaranchal HC grants default bail to accused persons in Haldwani Violence Case

The right to life and liberty is one of the integral part of the Constitution and it is the most sacred fundamental right and the custody of people in the name of various enactments and without adhering to the promptness of the investigation, cannot allow appellant to remain under incarceration.

Case Briefs High Courts

Delhi HC directs Union to expeditiously decide on plea for restoring legal protection against non-consensual sexual acts in Bharatiya Nyaya Sanhita, 2023

The petition was requested to be treated as a representation since the Government is in the process of receiving inputs on the new criminal laws from various stakeholders.

Case Briefs High Courts

Apprehensive detention as ‘sand smuggler’ based on past conduct of terrifying community & disturbing public order unsustainable: Bombay HC

The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’

Case Briefs High Courts

‘Transaction stood grandfathered by virtue of Article 13(3A) of India-Mauritius DTAA’; Delhi HC quashes AAR order holding Tiger Global-Flipkart transaction as ‘aimed at tax avoidance’

Merely because a parent entity may exercise shareholder influence over its subsidiary that would not lead to an assumption that the subsidiary in question was operating as a mere puppet or that it was wholly subservient to the parent entity.

Case Briefs High Courts

Section 311 CrPC| Can Prosecutrix be recalled for further Cross-Examination based on affidavit filed after her initial testimony? MP High Court answers

Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.

Case Briefs High Courts

Bombay High Court directs SEBI, NSE, BSE to pay Rs 80 lakhs costs for illegal and invalid freezing of demat accounts

Respondents have not shown any active role of petitioner in the capacity of the promoter, in the management of the company, Shrenuj, and any role and obligation factually fastened on petitioner in the various compliance which are required to be undertaken under SEBI (LODR) Regulations, at the time of freezing of his demat accounts.