Case Briefs Archives

Sambhal Violence| “Only bald and verbal allegations, no admissible evidence”: Allahabad HC grants bail to Jama Masjid Committee Chairman

The State could not place any material on record based on which the Court could infer that the Chairman prima-facie appeared to have committed the aforesaid offences.

Case Briefs High Courts

‘Saying ‘I Love You’ alone not sexual assault in absence of proven sexual intent’; Chhattisgarh HC upholds acquittal of man in POCSO case

“It was his solitary act of showing his “expression of love”, and a close scrutiny of her statements vis-a-vis the statements of her friends, would reveal that it was not made with an intention of his sexual desire.”

Case Briefs High Courts

‘Adverse Police Report unsustainable’; Bombay HC sets aside order denying furlough to prisoner pending conviction in another NDPS case

The Court opined that Deputy Inspector General Prison committed gross error by relying on Notification dated 2-12-2024 and by not applying his mind while passing the order.

Case Briefs High Courts

Allahabad HC directs probe into fake Arya Samaj Societies conducting illegal marriages

The Court noted that several marriages had been conducted by such societies, even of minor girls, in violation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Case Briefs High Courts

‘Taunts for dark complexion not grave enough to prove cruelty or abetment to suicide under IPC’; Bombay HC acquits husband

“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”

Case Briefs High Courts

Husband entitled to loss of dependency despite separation claim; Burden to establish separation on Insurer: Karnataka High Court

“Residing together cannot be added as additional condition to be established by claimant to be entitled for compensation. Burden to establish separation would be on Insurer.”

inciting J&K secession unlawful activity

Case Briefs High Courts

‘Incitement of secession, calling J&K an ‘occupied territory’ is unlawful activity’; J&K and Ladakh HC sets aside discharge of accused

“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”

Case Briefs High Courts

“Offence of cheating will not be made out unless deception is played since beginning”: Jharkhand HC quashes criminal proceedings u/s 406 and 420 IPC

Even if the entire allegations made against the petitioner are considered to be true in their entirety, the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law.

Case Briefs High Courts

“Justice system knows no caste, religion, creed, colour”; Chhattisgarh HC denies relief to advocate seeking case transfer alleging personal bias of Special Judge

“Scandalizing a Judicial Officer of District Court is bound to shake confidence of the litigating public in the system and has to be tackled strictly.”

Case Briefs High Courts

‘No disturbance to public peace’: Bombay HC quashes FIR against men allegedly accused of committing affray

It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.

customs commissioner cannot re-determine FOB value

Case Briefs Tribunals/Commissions/Regulatory Bodies

Commissioner of Customs is a stranger to contract of sale, cannot re-determine FOB value of export goods: CESTAT

“The customs officer can reject the transaction value as the assessable value and re-determine it as per the Valuation Rules for the purpose of imposing duty, but this would not change the transaction value for the purpose of receiving foreign remittance.”

intra-court appeal not available to make new case

Case Briefs High Courts

Intra-court appeal not available to take new ground by making a totally new case: Jharkhand HC

“It is settled position of law that if there is no pleading having been taken before the writ court, then it is not available for the party concerned to come out totally with the new case for the purpose of scrutinising the order passed by the Single Judge on the basis of the document which was never been placed before the Single Judge for its consideration.”

Case Briefs High Courts

‘Access to justice cannot be reduced to mere formality’; Bombay High Court directs Maharasthra RERA to restore hybrid hearings

Procedural fairness includes the right of parties to choose their mode of hearing, especially when both physical and virtual modalities are feasible. Tribunals must not only be accessible in form, but also in substance.

Conciliation under Section 18(2) of MSMED Act

Case Briefs Supreme Court

Limitation Act is not applicable to conciliation proceedings under Section 18(2) of the MSMED Act: Supreme Court

“Time-barred claims must not be excluded from conciliation under the MSMED Act. The statute of limitation only bars the remedy but does not extinguish the underlying right”.

Case Briefs Supreme Court

Authority empowered to inflict minor penalties, under CCS CCA Rules, can issue charge sheet even for imposition of major penalties: Supreme Court

As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.

MIAL replaces Celebi NAS with new airport handler

Case Briefs High Courts

Bombay HC allows Mumbai International Airport to replace Celebi NAS with new airport handler after security clearance revocation

“It was made clear that the tender process was not stalled and it could continue until the point of selection of the replacement operator, and only the actual final appointment was to be kept on hold.”

Case Briefs High Courts

Granting interim maintenance to qualified unemployed wife doesn’t mean breeding a class of idle woman: Delhi HC dismisses plea against maintenance order

The Court stated that it cannot be overlooked that the Order of maintenance dated is only ad-interim which implies that the Order shall be made after considering the affidavit of income, financial capacity and responsibilities of both the parties, aside from their personal qualifications.

Arbitral Award quashed over redacted disclosures

Case Briefs High Courts

‘Anything the Court can see; the opposing party must be allowed to see’; Bombay High Court sets aside Arbitral Award over redacted disclosures

The Court emphasised upon transparency in arbitration proceedings by setting aside an arbitral tribunal’s order which was based on a heavily redacted document. The Court categorically held that allowing parties to squirrel some information into the court record “in sealed cover” undermines every concept of fair justice and openness and transparency in the decision-making process.

Case Briefs Supreme Court

Hyatt International has ‘permanent establishment’ in India under India-UAE DTAA; liable to pay tax in India: Supreme Court upholds Delhi HC’s decision

“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”

Case Briefs High Courts

Rajasthan High Court takes suo motu cognizance of school ceiling collapse case which claimed lives of 7 children

“Building safe schools should be priority for architects, engineers, policy makers, administrators and emergency response planners.”