Case Briefs Archives

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.”

Case Briefs Supreme Court

Medically Justified Alternative Procedure with Consent Not an Offence: Supreme Court Quashes Criminal Case Against Surgeon in Pediatric Orchidectomy Case

“The operating surgeon is the best judge of which one of the two procedures is to be adopted.”

Case Briefs District Court

“Rarest of the Rare”: Death penalty to 9 Police Officials in Sathankulam Custodial Deaths Case

The court held that the case was a clear instance of abuse of authority and fell within the category of the rarest of the rare cases.

Case Briefs High Courts

Delhi HC Raises Key Question on BNSS Cognizance, Seeks Larger Bench Clarity

The host and owner of the InControversial podcast had filed a petition for quashing of proceedings under a criminal defamation complaint.

Case Briefs Supreme Court

Civil Court Can Decide Appointment of Sajjadanashin in Waqf Institutions: Supreme Court

“The office of the mutawalli and Sajjadanashin cannot be said to be one and the same… Sajjadanashin is the spiritual head of Waqf and declaration of Sajjadanashin is a religious affair, however, role of Mutawalli of a Waqf only pertains to the administration and management of the Waqf.”

multiple life sentences to run concurrently not consecutively

Case Briefs High Courts

Life sentences must run concurrently, not consecutively: Bombay HC reiterates SC position and sets aside added 10-year term

The Court emphasised that while multiple life sentences may be imposed, they cannot run consecutively but operate simultaneously, so that remission in one does not ipso facto apply to others.

Expulsion of student over peaceful protest

Case Briefs High Courts

“Peaceful Protest and Non-Violent Dissent Are Natural to Academic Environment”: Delhi High Court Quashes Student Expulsion

A university that accepts only obedience and discourages protests and criticism would fail in its broader educational role.

Case Briefs Supreme Court

Mere use of abusive words not “obscenity” under S. 294(b) IPC: Supreme Court

“To convict an accused for commission of an offence punishable under Section 304 Part II IPC, it must be proved that the accused has committed culpable homicide as defined in Section 299 IPC.”

Right to be considered for promotion fundamental right

Case Briefs High Courts

Right to be considered for promotion is a fundamental right: Punjab and Haryana High Court mandates quarterly Departmental Promotion Committee meetings

“Delay in convening the Departmental Promotion Committee not only causes financial loss to the concerned officers on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement.”

Illegal encroachment of gram sabha land by mosque

Case Briefs High Courts

Allahabad HC denies relief against eviction in gram sabha land encroachment case

“With regard to the imposition of penalty, this Court is of the view that there was no material to link the petitioners to either the construction or the occupation of the mosque the same cannot be sustained and is accordingly set aside.”