Case Briefs Archives

‘Consideration of PO Act is right of accused and duty of Courts’; Gauhati HC grants benefit under PO Act to Headmaster & his son convicted of assaulting student’s mother

“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC expresses grave displeasure over blatant violations and mishandling of RTI application by former CPIO

The Central Information Commission condemned the lack of adherence to the RTI Act provisions and the inadequate checks and balances within the system.

Case Briefs High Courts

TRAI cannot request information from Telecom Service Provider under RTI Act to address individual grievances or access customer-specific information: Delhi HC

The Court stated that requiring TRAI to retrieve information about individual complaints from Telecom Service Provider will impose an impractical and onerous burden on the TRAI. With a workforce of merely 170 employees, the TRAI lacked the operational capacity to manage or compile data related to the grievances of over 900 million telecom subscribers.

Case Briefs High Courts

Telangana HC refuses to quash FIR against Former Minister KT Rao over alleged misuse of public funds in Formula E Championship

“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”

Case Briefs High Courts

‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC

“The process of law would take its own course through the trial”

Judicial interference in arbitration agreement

Case Briefs Supreme Court

SC stresses on judicial restraint in arbitration matters; sets aside HC’s order granting opportunity for cross-examination despite Arbitral Tribunal’s rejection

The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.

Case Briefs High Courts

Delhi High Court dismisses petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital

“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”

Case Briefs High Courts

‘No application of mind, precious time of police & Court wasted’; Gujarat HC slams Police, Prosecution and Trial Court for invoking POCSO Act after 8 yrs of FIR

In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.

Case Briefs High Courts

Uttaranchal HC dismisses petition against Government Orders issued in pandemic for directing private unaided residential schools to charge only tuition fee for online classes

“School management was not justified in demanding fees for services which are provided only when the school runs in physical mode.”

Case Briefs Supreme Court

3 years or 12 years? Supreme Court clarifies the period of limitation to regain title and recover possession of suit property by setting aside the sale deed

“When the suit is based on the title for possession, once the title is established on the basis of relevant documents and other evidence unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited.”

Case Briefs High Courts

Delhi High Court directs State to reinstate CISF candidate acquitted of criminal charges

The Court observed that the petitioner truthfully disclosed the pendency of a criminal case against him, when during the training, he along with other candidates were directed to furnish the relevant information.

Case Briefs Supreme Court

Section 174A IPC is an independent and substantive offence that can continue despite extinguishment of proclamation under Section 82 CrPC: Supreme Court

Supreme Court answered in affirmative that if the status under Section 82 CrPC is nullified i.e., the person subjected to such a proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, the prosecution still proceeds against such a person for having not appeared before a Court during the time that the process was in effect.

Case Briefs High Courts

Kerala HC clears path for remote cross-examination via video conferencing to streamline court proceedings

Kerala High Court made it clear that permission to conduct cross-examinations via video conferencing is not an automatic right. Such permission should only be granted if valid reasons are provided, and the absence of a specific provision in the rules should not prevent this.

Case Briefs High Courts

Karnataka HC urges State Law Commission to frame guidelines on issues surrounding pledging of stolen gold

Court noted that innumerable matters are coming up where stolen gold had been pledged with a gold finance company and this aspect must be examined by the concerned authorities and proper guidelines must be formulated in relation to issues such as implication of pledging stolen gold, manner of dealing with such gold when criminal proceedings are taken up etc.

Case Briefs Supreme Court

Section 319 CrPC | Person can be summoned to face trial even if police does not name him as an accused in chargesheet: SC

“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”

Case Briefs High Courts

Bombay HC directs State to ensure that eligible women are able to seek benefit under revised Mukhyamantri Majhi Ladki Bahin Scheme

The Mukhyamantri-Majhi Ladki Bahin Yojana scheme was launched by the Women and Child Development Department, Government of Maharashtra for providing financial assistance of Rs 1,500 per month to women between the ages of 21 to 65 years.

Case Briefs High Courts

‘High time for society to preserve sanctity of medical profession and to uphold dignity of Doctors’; Madras HC quashes FIR against 70-year-old Gynecologist in miscarriage case

“Doctors, the Guardian of life, embody a noble profession, often revered as akin to God / Almighty, as they possess the extraordinary ability to save lives and restore health. While acknowledging the presence of quacks and corporatized hospitals, it is essential to recognize that majority of medical practitioners dedicate their life to serve humanity with compassion and expertise”

Case Briefs Supreme Court

‘Application of force must be with intent to outrage modesty of woman’; SC quashes proceedings against man for offence under S. 354 and 506 IPC

“For mens rea to be established, something better than vague statements must be produced before the Court.”

Case Briefs High Courts

Andhra Pradesh High Court upholds recovery of money with interest based on promissory note; Rejects claims of forgery

The Court cannot assume that every handwriting Expert who has been duly qualified by the Government will necessarily have such special skill and knowledge that he will always give accurate opinions on one disputed point.

Case Briefs Supreme Court

CBI doesn’t require State Govt’s consent to register FIR under Central Law against Central Govt employee posted within State: SC reiterates

“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”