Case Briefs Archives

Gujarat HC: In absence of adoption’s registered document, adoptive parents must establish that child is adopted before 15 years of age with wife’s consent

“No case is made out by the petitioners that a custom or usage is applicable to them which permitted adoption of a person who has attained the age of 15 years.”

Case Briefs High Courts

‘Investigation reveals accused’s active role and link to proceeds of crime’: Kerala HC denies bail in Chinese Loan App Money Laundering Case

“The investigation conducted so far revealed that mule accounts were opened within Kerala with the assistance of persons including the accused.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of reported suicide after alleged custodial torture in Delhi

The NHRC has issued notice to the Delhi Police Commissioner, seeking a detailed report within two weeks.

juvenile accused of heinous offence denied bail

Case Briefs High Courts

Gravity of offence justifies denying bail to juvenile accused of heinous crime: Rajasthan High Court

“The gravity of the offence, specifically, the allegation of mercilessly causing the death of another person, necessitates a cautious approach.”

Case Briefs High Courts

Order of termination on ground of questionable integrity is stigmatic; Holding enquiry mandatory: Rajasthan High Court

“In the present case, since the petitioner was found involved in carrying passengers without tickets and the allegation was that his integrity is questionable, consequently, his services were terminated, therefore, the same can easily be termed as an “order of termination” having been passed with stigma”

man who slit girlfriend's throat convicted

Case Briefs High Courts

Bombay HC upholds conviction & life sentence of man who slit his girlfriend’s throat after she withdrew their marriage application

“The specific defence of the accused was not that the victim died because of his assault rather it was that he inflicted injuries on himself and lost consciousness. Firstly, he suggested that the victim had committed suicide by inflicting those injuries on herself and secondly, he feigned ignorance about what happened after he inflicted those injuries on himself.”

Case Briefs High Courts

Husband compelling wife to share phone or bank account passwords amounts to violation of privacy: Chhattisgarh HC

“The husband cannot compel the wife to share her passwords of the cellphone or bank account and such an act would amount to a violation of privacy and potentially, domestic violence. There should be a balance between marital privacy and the need for transparency and at the same time trust in the relationship.”

Case Briefs Supreme Court

Service Tax Exemption | Whether collection, processing, & storing umbilical cord blood stem cells are ‘healthcare services’? SC answers

Summons and letters were issued to the appellant demanding service tax for the period from 01-07-2012 to 16-02-2014. Furthermore, a show cause notice demanding service tax of Rs. 2,07,29,576 along with interest for services during the afore-stated period was also issued.

Case Briefs High Courts

Karnataka High Court lays down factors to be considered by Trial Courts before granting police protection

The Trial Court cannot order police protection mechanically. Unless the trial Court satisfies itself that there is an imminent need for police aid/police help, it cannot order for police protection on mere request.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC to hear complaint on prevalent malnutrition in over 47,000 children in Telangana

The NHRC addressing an intimation letter to the Chief Secretary, Government of Telangana, further sought an Action Taken Report in the matter.

Case Briefs High Courts

‘Procedure under S. 174 BNSS not followed’: Karnataka High Court quashes criminal proceedings in ‘Matka’ gambling case

“It is to be noted that even though Nagarik Suraksha Sanhita, 2023 came to force from 1-7-2024, till today no rules are framed by the State. It is expected that State would take necessary steps in this regard at the earliest.”

Case Briefs High Courts

Refusing physical relations, accusing husband of affairs and humiliating him in front of his friends/employees is cruelty: Bombay HC

“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”

Case Briefs High Courts

‘Mystery behind missing kidney’; Punjab and Haryana HC directs police probe into suspicious death of 22-year-old girl with missing kidney at HMC Hospital

“It is not under dispute, rather it is clearly voiced in the post-mortem report that, the left kidney of the deceased was not traceable. The truth behind this missing kidney is yet a mystery, which has never been inquired or investigated into.”

Case Briefs High Courts

Madras HC sets aside seizure order for non-compliance with S. 115(4) of Trade Marks Act; Orders interim release of 1,350 rice bags

“Section 115(4) of the Trade Marks Act, 1999 mandates the police to obtain the Registrar’s opinion before conducting a seizure under the Trade Marks Act. However, there was no record evidencing such mandatory consultation. The failure to comply with this statutory requirement vitiated the seizure proceedings and amounted to a jurisdictional error.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘No service tax to be paid on upfront fee/premium for agreement to lease’; CESTAT sets aside penalty on DMRC

“At the time of executing the Concession Agreements with developers, DMRC had collected “upfront fee” as a price for obtaining the respective Concession Agreements.”

Case Briefs High Courts

Complainant’s refusal to undergo medical exam despite alleging sexual assault weakens prosecution’s case: Delhi HC grants anticipatory bail to accused

The complainant, being a well-educated woman, preparing for Ph.D. entrance, cannot be considered a gullible or uninformed individual, and her conscious refusal to undergo medical examination despite the nature of allegations, is a relevant factor in the investigation.

Case Briefs High Courts

‘Clear case of malfeasance by the Returning Officer’: Uttaranchal HC stays disqualification of Pradhan candidate over toilet location

“Right to contest the elections is a statutorily guaranteed right, and the same cannot be denied in a completely arbitrary manner and which prima facie appears to be illegal.”

Case Briefs Supreme Court

Supreme Court dismisses Hindustan Motor’s petition against resumption of 395 acres of land by West Bengal Government

In July 2022 State of West Bengal had expressed its intention to resume the 395 acres of land and called upon the petitioners to furnish project plan for the proposed EV project detailing requirement of the land and justification. By an order dated 9-11-2022, State had resumed 395 acres of land.

Claiming Wilful Transaction as Cyber Fraud

Case Briefs High Courts

‘Burden of proving customer’s liability in unauthorized e-banking lies upon bank’; Allahabad HC denies relief to businessmen claiming wilful transaction as cyber fraud

“It can be discerned that there has been no embezzlement of funds as every transaction was within the knowledge of petitioners.”

Case Briefs High Courts

Employer liable when former employee forced to reveal defamatory termination reasons; Delhi HC directs Wipro to pay damages for defamation

Where the defamatory statement is repeated by the plaintiff while responding to employment inquiries or during job interviews, the defendant’s liability does not stand extinguished. Where the plaintiff has no meaningful choice but to disclose the defamatory rationale to prospective employers, such compelled republication imposes continuing responsibility upon the defendant.