Case Briefs Archives

“PIL filed to settle personal score, no illegality in construction of shopping complex”; MP High Court imposes ₹25,000/- cost

“The petitioner has unnecessarily given the negative publicity of this matter against the Panchayat has resulted into delay of sale of the shops.”

delhi bar associations women reservation

Case Briefs Supreme Court

Interim direction on reservation for women candidates in Delhi Bar Associations shall apply on NGT Bar Association: SC

The Court further directed that condition of requirement of enrollment with Delhi Bar Council alone shall not apply in the case of NGT Bar Association.

Case Briefs High Courts

‘Protracted absence, eluding law, & repetitive bail pleas don’t call for sympathy’: Punjab & Haryana HC refuses anticipatory bail to accused in 5kg opium case

“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT allows liquidation of Go First Airways

“Decision taken by the CoC for liquidation in commercial wisdom of the CoC should not be interfered with by the Adjudicating Authority.”

Case Briefs High Courts

Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused

In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.

Case Briefs High Courts

Chhattisgarh HC upholds order releasing Retired Municipal Officer’s gratuity withheld sans inquiry on allegation of misappropriating ₹ 10 Lakhs

The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.

Jharkhand state Jail Manual Model Prison Manual 2016

Case Briefs Supreme Court

SC directs State of Jharkhand to formulate Jail Manual incorporating provisions of Model Prison Manual, 2016

Reiterating the call for prison reforms, the Court said that reforms are necessary for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 of the Constitution.

Case Briefs District Court

Kolkata Court sentences Sanjay Roy to life imprisonment in RG Kar Rape & Murder Case

“Since the time of death of the daughter of the complainant, they are passing their days with trauma, and they are visiting the court to get justice on each and every day.”

Case Briefs High Courts

‘Limit of 15% marks in viva voce can be exceeded in judiciary exams’; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks

“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”

Case Briefs High Courts

‘Co-operation with investigation doesn’t extend to self-incrimination’; Punjab & Haryana HC grants anticipatory bail to accused in Municipal Corporation corruption case

“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”

Case Briefs High Courts

‘Not in excess of permissible 25% quota’; Bombay HC dismisses plea challenging Nomination in recruitment process of District Judges

By Resolution dated 12-04-2017, Permanent Selection and Appointment Committee of the High Court had resolved that for determining quota prescribed under Rule 5 of Maharashtra Judicial Service Rules, 2008, actual working strength of Judges in that cadre as on 31st March of every year had to be taken into consideration.

Case Briefs High Courts

‘Details of manual strangulation reflects how victim suffered traumatic end of her life’; Delhi HC dismisses bail application of husband in dowry death case

“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”

Case Briefs Supreme Court

Supreme Court breaks down Order II Rule 2 of CPC, discusses general principles underlying its operation

“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”

Case Briefs High Courts

Mere statement that wife cannot cohabit with husband unless she brings amount without any action will not amount to harassment: Bombay HC quashes FIR

“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”

Case Briefs High Courts

Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC

The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.

Case Briefs High Courts

‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”

Case Briefs Foreign Courts

Protecting Americans from Foreign Adversary Controlled Applications Act doesn’t violate TikTok’s First Amendment rights: SCOTUS

The Protecting Americans from Foreign Adversary Controlled Applications Act makes it unlawful for any entity to provide certain services to distribute, maintain, or update a foreign adversary-controlled application in the United States.

Case Briefs High Courts

Judicial Department is unable to locate the file and the individual is languishing in the correctional home; Calcutta High Court directs premature release

The case concerns the premature release of an individual as recommended by the State Sentence Review Board, however, the release process stalled due to pending formalities with the Judicial Department.

Case Briefs High Courts

‘Chastity of woman is priceless possession, if husband doubts wife’s character without proof, she has enough reason to live separately’; Orissa HC

In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.

Case Briefs Supreme Court

Section 306 IPC | Hyperboles employed in exchanges should not be glorified as an instigation to commit suicide: Supreme Court

Taking strict note of casual resorting of S. 306 IPC, the Court said that conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life.