Case Briefs Archives

lawyer post on mamata banerjee personal life

Calcutta HC rejects Lawyer’s plea to quash defamation case over sharing book extracts on Mamata Banerjee’s personal life

“The Public Prosecutor concerned has a statutory right to file appropriate proceedings if the Minister of a State etc. is defamed in relation to his conduct in discharge of his public function.”

presence of teachers in schools for poor children

Case Briefs High Courts

“No mechanism to ensure attendance of teachers at ground level”: Allahabad HC directs State to ensure presence of teachers in institutions/schools for poor children

“The fundamental right of a child belonging to a poor village studying in a primary educational institution cannot be violated by any person, even a teacher who is treated as a Government employee/State under the Constitution.”

Case Briefs Supreme Court

Supreme Court issues notice in petition seeking ban on online gambling/betting games operating in the guise of e-sports games

The petitioners further stated that there are about two thousand Online Apps operating relating to betting and gambling and stated that the government should take immediate action in this regard in larger public interest.

Case Briefs High Courts

Delhi High Court refuses to interfere with FSSAI’s order banning use of term ‘ORS’ on label of food products and beverages

“This is particularly in light of the deleterious effect and adverse health in the event of consumption of water-based, fruit-based, non-carbonated and ready-to-drink beverages by those who are in medical need of an ORS (Oral Rehydration Salts) formulation.”

SC rejects reservation specially-abled advocates

Case Briefs Supreme Court

Supreme Court refuses plea seeking reservation for specially-abled advocates in Bar Council and Bar Associations; Asks BCI to consider the cause

“The instant writ petition, purportedly in public interest, has been filed inter alia seeking a direction to the Bar Council of India and Bar Council of Uttar Pradesh to reserve some of the positions in the Bar Council and Bar Associations for persons with disabilities, who are practicing as advocates.”

fee hike by Karnataka State Law University

Case Briefs High Courts

Karnataka HC quashes Karnataka State Law University fee hike: Are students getting excess fees back?

In the present case, the Karnataka State Law University hiked the fee charged by students by 128 per cent.

Strict Enforcement of Animal Welfare Laws

Case Briefs High Courts

Bear Fatal Torture Case| Chhattisgarh HC directs State to strictly enforce Animal Welfare Laws, sensitise officers and public

“The Principal Chief Conservator of Forests shall ensure strict enforcement of the guidelines, policies, laws, or rules and shall periodically sensitize officers and the public regarding animal welfare.”

Public ground cannot be reserved for one community

Case Briefs High Courts

Public ground belongs to all: Madras High Court allows conduct of Hindu event; upholds Fundamental Right under Article 25

“When it comes to upholding fundamental rights, it is the duty of the local administration to stand in aid of the same. The police should not choose the easy option of stifling the fundamental rights.”

Case Briefs Supreme Court

Supreme Court issues notice in petition seeking direction for ECI to frame Rules for regulation of Political Parties

The petition sought further direction for the Centre to take steps to reduce the menace of Corruption, Casteism, Linguism, Regionalism, Communalism & Criminalization in politics.

Case Briefs High Courts

‘Denying such relief would be punishment for his family’; Himachal Pradesh HC grants probation to rash driving convict after 20 years

“Probation is a kind of non-custodial sentence which gives the convict an opportunity to reform himself, while abiding certain conditions imposed by the Court, instead of directing him to undergo substantive sentences.”

Professor accused of illicit relationship with student

Case Briefs High Courts

‘Relationship pre-dated her admission’; Madhya Pradesh HC grants relief to IGNTU Professor alleged to be in an illicit relationship with student

“What the Professor, a married person, and the complainant, a 30-year-old married lady did in their private life, was not the lookout of the IGNTU in any manner whatsoever. This was much prior to admission of the complainant in the University.”

Case Briefs High Courts

Domestic Violence | In -law’s’ right to residence is not subordinate to that of daughter-in-law: Delhi High Court

“While the Domestic Violence Act confers a vital and protective right of residence upon an aggrieved woman, it cannot be construed to extinguish or indefinitely suspend the right of senior citizens to live without distress in their own home.”

Case Briefs Supreme Court

Abetment of suicide | Mere refusal to marry even if true by itself would not amount to instigation under S. 107 IPC: Supreme Court

“In the case on hand, even if we believe that the accused due to opposition and pressure from his family declined to get married with the deceased, it could not be said that he led to a situation by which the deceased was left with no other option but to commit suicide.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Expected to maintain standards”; DCDRC directs IRCTC to pay Rs 25000 compensation for dead worm found in Veg Biryani

The DCDRC said that it is expected from IRCTC to maintain certain standards and to check the quality of food that is being served to the consumers while travelling.

Case Briefs High Courts

Rajasthan High Court upholds prosecution against anaesthetist posing as gynaecologist for medical negligence and cheating

“It is settled proposition of law that FIR is not an encyclopaedia and should be read with the material collected by the investigating agency during investigation.”

Case Briefs High Courts

Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court

In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.

record foreign witness testimony through VC

Case Briefs High Courts

Delhi High Court allows recording of evidence of US-based witness through Video Conferencing in an Official Secrets Act case

“The objective of the stringent Official Secrets Act provisions is achievable through calibrated safeguards, including conducting the examination from a secured State-controlled facility, ensuring an in-camera regime, restricting devices, and controlling the display and movement of documents. The law demands reasonable containment of risk.”

Trial Court must decree settlement after mediation

Case Briefs High Courts

Once dispute is referred to mediation and settlement is reached, Trial Court cannot refuse decree: Orissa High Court

“The disputes between the neighbours relating to the easementary rights are clearly mentioned as being suitable for mediation.”

quashing FIR based on unexecuted settlement

Case Briefs High Courts

‘No implementation or execution of mutually settled agreement’: Delhi High Court refuses to quash FIR in matrimonial case

As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.

Case Briefs High Courts

“Lack of timely supervision”: Chhattisgarh HC directs Collector to provide solution for obstruction of public passages in Dayalband Bridge Blockage Case

“Though subsequent orders led to removal of the obstruction and initiation of preventive proceedings, the facts reflect lack of timely supervision and failure to prevent encroachment over a commonly used public passage.”