Case Briefs Archives

Actual possession cannot be disturbed through dispossession proceedings under Sections 164/165 BNSS: Allahabad HC

The State Authority has to protect the parties but if actual possession is there they cannot be dispossessed by proceeding under Sections 164/165 BNSS except in accordance with law by the order of Court.

brief cohabitation cannot confer status of valid marriage

Case Briefs High Courts

Neither an unproven local custom nor brief cohabitation can confer status of valid marriage; HP HC grants declaration to man that woman is not his wife

“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”

Case Briefs High Courts

When Can Courts Grant Interim Compensation? Sikkim HC Clarifies

The Court stated that an interim order is ordinarily passed where there is an immediate threat to life and the applicant lacks any means of support except the interim relief sought.

Case Briefs High Courts

Delay under Section 33-C(1) ID Act Can Be Condoned Without Separate Application: Karnataka HC

“It is well settled that, in case of conflict between form and substance, substance must prevail, unless the law expressly mandates strict adherence to the form as well.”

Case Briefs Foreign Courts

Excessive Access Requests and Compensation for Non-Material Damage — EU Court of Justice’s Interpretation of GDPR Explained

Merely alleging fear of losing control over personal data is not enough to justify compensation. If a person claims compensation based on fear that their data may be misused in the future, it must be assessed whether that fear is well founded in specific circumstances of the case.

illegal ostracism orders by village panchayat

Case Briefs High Courts

Madras HC orders independent probe into illegal panchayat ostracism depriving woman’s family of basic civic rights

“The respondents are directed to conduct enquiry independently in this regard and ensure that no injustice is caused to the petitioner by violating her fundamental rights as contemplated under Article 21 of the Constitution.”

Case Briefs High Courts

“Cybercrime in our nation operates akin to a silent virus”: Punjab & Haryana High Court denies bail in digital arrest case

“While adjudicating the bail pleas, particularly in cases concerning cybercrimes and online fraud, necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications.”

Case Briefs High Courts

Section 6 Guardianship and Wards Act applies to Muslims: Allahabad High Court clarifies applicability of personal law and general law in custody matters

“Section 6 of the Act does not bar any class of persons from approaching the Court; rather, it operates in the context of recognising certain categories of guardians. The Act nowhere provides that persons professing Muslim law are precluded from seeking relief under it.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT directs constitution of Special Task Force for monitoring and effective protection of Wetlands

“It is the prime duty of authorities concerned to ensure conservation and protection of these wetlands from encroachments, illegal dumping of waste and unauthorised discharge of untreated water.”

Ganja does not Include Leaves and Stalks

Case Briefs High Courts

Delhi High Court: Mixed Substance Not to Be Fully Counted as “Ganja” under NDPS ACT, 1985; Bail Granted

In cases of mixed material, only the actual content of the flowering or fruiting tops is relevant for determining the quantity of ganja, and not the entire bulk weight.

Case Briefs High Courts

Conviction rests on evidence not suspicion: Uttaranchal High Court acquits accused on Sexual Assault charges due to anomalies in Chain of Custody of Forensic Evidence

“In the present case, the absence of documentary proof establishing the seizure and custody of the alleged forensic article creates a reasonable doubt as to the authorship of the sexual act.”

Case Briefs Supreme Court

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.”