Case Briefs Archives

Executing Court Bound to Execute Decree as Passed; Can’t Modify Its Terms: Supreme Court

“Merely for the reasons that exchange of some portions of the land may not be practicable for the reason that constructions on it are not as per the sanctioned map or that part of it has been sold off, are all immaterial.”

19 year old married woman allowed to live with lover

Case Briefs High Courts

MP HC Appoints Shourya Didis for 19-Year-Old Woman Who Left Matrimonial Home After Marriage to 40-Year-Old Man, Allows Her to Live With Lover

The Woman informed the Court that she was a major and was living with Respondent 4 by choice as her husband was much older and ill-treated her.

Case Briefs High Courts

Merely lodging cases does not amount to mens rea for abetment to suicide: Allahabad HC grants relief to wife & family in husband’s suicide

The High Court noted that to attract Section 306 IPC, suicide must be a direct consequence of instigation by the accused.

Case Briefs High Courts

Bombay HC Lays Down Test for Rejection of Election Petitions

The Court must examine whether the petition, even if taken as unopposed and all averments are accepted as true, would entitle the petitioner to a favourable verdict; if not, it discloses no cause of action.

Case Briefs High Courts

Delhi HC Cracks Down on Unauthorised “The Pioneer” Publication, grants ad interim injunction for Trade mark and Copyright Infringement

The publication of the newspaper is a coordinated and layered process involving editing, designing, visual creation and compilation.

Legal research not sufficient cause for condoning delay

Case Briefs High Courts

Legal Research or Understanding of Order Not “Sufficient Cause” for Condoning a Delay of Over 1 Year by Practising Advocate: Delhi HC

“While considering an application for condonation of delay, the party seeking such indulgence is required to place before the Court a cogent and satisfactory explanation covering the entire period of delay, preferably explaining the delay day-to-day or at least stage-wise.”

Case Briefs High Courts

New Grounds Can’t Save a Bad Order: Jharkhand HC directs fresh Consideration of Woman’s Long Pending Compassionate Appointment Plea

“An order which is bad in the beginning, cannot be validated by any additional ground brought out later. The appellants cannot be allowed to raise a completely new ground to justify their action.”

Father gets custody of child placed in orphanage

Case Briefs High Courts

Mother placing child in hostel meant for orphans not in his best interests; Kerala HC grants custody to father

“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”

Second marriage contracted by Muslim male

Case Briefs High Courts

Second marriage by Muslim man not bigamy under Section 494 IPC, as Muslim Personal Law permits polygamy: Madhya Pradesh High Court

“A second marriage contracted by a Muslim male during the lifetime of his first wife is not treated as void merely on the ground that the first marriage is still subsisting.”

Case Briefs Supreme Court

Favouritism Allegations Against Arunachal CM: Supreme Court directs CBI to investigate

“Where a case concerns the integrity of public procurement and involves allegations of conflict of interest at the highest levels, an investigation must be not only fair but must also appear fair.”

Case Briefs Supreme Court

Supreme Court invokes Art. 142 to quash 80+ litigations filed by lawyer-husband; grants divorce with ₹5 crore settlement

“Even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”

Case Briefs District Court

Rouse Avenue Court Acquits Radhey Shyam Sharma in ₹10 Lakh Procurement Bribery Case for Failure to Prove Demand and Conspiracy

Prosecution has to establish the guilt of the accused beyond reasonable doubt and must prove the allegations by oral or documentary evidence forming a complete chain of circumstances.

bail denied to serving judicial officer accused of stealing

Case Briefs District Court

Bail Denied to Judicial Officer Accused of Stealing from a Judge’s Residence: Here’s What the Patiala Court Said

“The offence alleged strikes at the integrity, expected from a public servant more particularly a judicial officer.”

Case Briefs Supreme Court

Denial of appointment despite availability of vacancies discriminatory; Supreme Court directs appointment with notional benefits

“In view of the plea of discrimination as taken and the response filed in the counter affidavit, it is clear that out of 16 candidates 3 could not join, therefore, those posts are available.”

Rs. 22 lakh cash-for-job & fake PhD degree scam

Case Briefs High Courts

“Shows a very low state of moral fibre in society”: Allahabad HC denies relief to accused in Rs 22 lakh cash-for-job and fake PhD degree scam

“The allegations are very serious in nature and disclose a very chilling trend in society, where the common man has developed a perception that anything can be done by the payment of a bribe.”

Grace, charity, compassion must not influence public employment

Case Briefs Supreme Court

Grace, charity or compassion ought to stay at a distance in matters of public employment: Supreme Court Refuses Second Chance to Absent Candidate

The Supreme Court set aside the direction allowing an absentee to appear in the next round of recruitment process.

Case Briefs High Courts

J&K and Ladakh HC| No Bar on Anticipatory Bail under S. 18 SC/ST Act on Absence of Prima Facie Disclosure of Ingredients of Offence

“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”