Case Briefs Archives

Prima facie findings in bail orders not binding on Trial Court or Investigating officer: Kerala High Court

Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.

Case Briefs High Courts

S. 85 of Waqf Act | Waqf Tribunal has exclusive jurisdiction over disputes once a property qualifies as ‘Waqf by user’: Rajasthan High Court

“It is not disputed that Masjid is a place used for religious purpose for praying Namaz etc., therefore, it comes within the definition of ‘Waqf’.”

Case Briefs Supreme Court

Supreme Court acquits murder convicts due to lack of credible evidence; Sets aside High Court’s conviction order in 36-year-old case

Supreme Court said that according to the prosecution, the convicts had committed the murder of the deceased. Therefore, it is for the prosecution to connect the convicts to the murder by producing credible and legally admissible evidence.

Case Briefs High Courts

Delhi HC slams indiscriminate freezing of bank accounts; Calls for policy reform in cyber-crime investigations

The possibility of marking a lien on disputed amount, whenever it is identifiable, should be explored as a more appropriate interim measure. Ideally, it should be the first and foremost option.

Case Briefs High Courts

‘Mere admission of signatures on paper not admission of Will’; Punjab & Haryana HC rejects probate plea of man whose attesting witness was found untrustworthy

“Attesting witness must satisfy judicial conscience that he saw testator signing the Will being aware of its contents. Attesting witness needs to be trustworthy and truthful.”

Case Briefs High Courts

‘Writ Petitions can’t be filed by raising mutually destructive pleas without any sense of responsibility’; Bombay HC dismisses speculative plea against land acquisition after 77 years

“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”

Case Briefs High Courts

‘Deliberate attempt to misled and confuse consumers’; Delhi HC awards costs and damages of Rs. 20 lakhs to Castrol Ltd in trade mark dispute

Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.

Section156(3) CrPC application directions

Case Briefs Supreme Court

SC clarifies prospective nature of direction in 2015’s Priyanka Shrivastava case on Section 156(3) CrPC applications being supported by affidavit

“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.

Case Briefs High Courts

‘Issue involves mixed question of law and fact’; Bombay HC dismisses family’s plea to transfer RBI bonds of a Jain man who took sanyas

The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.

Case Briefs High Courts

Calcutta High Court quashes case against man accused of mocking West Bengal CM Mamata Banerjee on YouTube

The Court underscored the necessity of concrete evidence in criminal prosecutions, particularly in cases involving digital content. The ruling reinforces those mere allegations, unsupported by forensic proof or substantial material, cannot justify the continuation of criminal proceedings.

Case Briefs High Courts

Social media criticism not defamation; Delhi High Court dismisses LawSikho’s defamation suit & imposes ₹1 Lakh costs

The Court observed that before alleging defamation based on a tweet, the plaintiff should bear in mind the conversational nature of medium and bear responsibilities for the content of its own tweets which lead to the Impugned Tweets.

Case Briefs Supreme Court

SC puts stay on Allahabad HC decision directing PMLA Special Court to consider claim in alleged disregard of Rule 3A PMLA Rules, 2016

The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.

Case Briefs High Courts

‘Cannot claim defence of illiteracy to perform illegal acts’; Bombay HC rejects Rs 5 crores compensation plea of a man whose illegally constructed house was demolished

“We have seen the rise in slums and illegal constructions in the State of Maharashtra over a period of time and no action has been taken to raze them. It is this inaction by the state authorities that fuels the desires of the persons like petitioners.”

Case Briefs High Courts

Gujarat HC allows two law graduates from allegedly unrecognized institute to participate in Civil Judge recruitment process

The petitioners had completed their LL.B., but disputes had arisen as to the recognition of their college as a recognized institute.

Case Briefs High Courts

RVNL is liable to be taxed at concessional rate of 12% GST, and not 18% for railway work contracts: Madras HC

After applying the definition of Railway as defined under the Railways Act, 1989, to the contract between the petitioner and RVNL, it would constitute that the work specified under the contract is the original work pertaining to railway for the purpose of the subject notification and thus, covered under Serial No. 3(v)(a) of the notification dated 28-06-2017 issued by Central Government.

Case Briefs District Court

‘Material contradictions and improvements in victim’s statements’; Delhi Court acquits three accused persons of charges of gang rape

There is no explanation on record as to why the victim did not depose in her examination-in-chief about commission of rape by the accused persons, which is the most important fact and there is no explanation as to how she forgot to mention such a material fact during her examination-in-chief.

Case Briefs High Courts

Punjab and Haryana HC grants ex-gratia allowance to cadet who developed a disability due to strenuous military training in 1999

“There are no cogent reasons or circumstances that have been established by the authorities to the satisfaction of the judicial conscience of the Court, that the disability suffered by the cadet was neither attributable nor was aggravated on account of military service.”

Case Briefs High Courts

MP High Court lays down SoPs for termination of pregnancy up to & exceeding 24 weeks in sexual assault cases

The Court stated that failure to comply with Court’s guidelines will amount to contempt of court, and strict contempt proceedings will be initiated against the erring officers under the Contempt of Courts Act, 1971.

Case Briefs High Courts

‘Right to be forgotten’ for juvenile by destroying record of juvenile delinquency is an absolute right: Rajasthan High Court

“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma.”

Case Briefs Supreme Court

Read why SC quashed Bihar Legislative Council’s decision to expel RJD’s MLC Sunil Kumar Singh for unparliamentary conduct and remarks against CM

“There is no absolute bar on the Constitutional Courts to examine the proportionality of the punishment imposed on a Member while reviewing the validity of the action taken by the House.”