Case Briefs Archives

Casteist Facebook post against MP Chandrashekhar Azad

Facebook Post Containing Alleged Casteist Remarks Against MP Chandrashekhar Azad Discloses Prima Facie Case; Allahabad HC Upholds Rejection of Discharge

The Allahabad High Court held that the absence of specific casteist words in the FIR did not justify discharge where the Facebook post recovered during investigation and witness statements disclosed a prima facie case against the accused.

Case Briefs Tribunals/Commissions/Regulatory Bodies

11,000 litres of milk and more than 200 sarees offered in Narmada; NGT directs MP PCB to remain vigilant during religious gatherings

The NGT observed that although there is no law which bars the offering of milk during rituals, discharge of milk in such large quantities should be avoided.

Section 340 CrPC wrong statement false statement

Case Briefs Supreme Court

“Wrong statement” is not the same as “false statement”: Supreme Court quashes prosecution under Section 340 CrPC against litigant and counsel

The Supreme Court while quashing criminal proceedings under Section 340 CrPC against a litigant and his counsel held that “wrong statement” is not the same as a “false statement”. The Court reiterated that prosecution can be initiated only where a prima facie case of deliberate falsehood exists and the Court records that such action is expedient in the interests of justice.

Case Briefs High Courts

Disputed Facts, Documentary Discrepancies: Jharkhand HC Orders Mandatory Judicial Inquiry Into Alleged Custodial Death

The Jharkhand High Court held that where facts are disputed and official records contain discrepancies in an alleged custodial death, a judicial inquiry is mandatory to independently determine the truth and ensure accountability.

Section 9(1)(a) trademark distinctiveness

Case Briefs High Courts

Distinctiveness, Not Uniqueness, Governs Registrability Under Section 9(1)(a); Delhi HC Directs Registrar to Reconsider “OFFER” Mark Registration Application

The Court held that for the purpose of Section 9(1)(a), Trade Marks Act, 1999, the statutory inquiry is whether the applied mark possesses distinctive character and is capable of distinguishing the applicant’s goods from those of others. The Act does not prescribe uniqueness as a condition for registration.

FIR over movement on public road during COVID-19 lockdown

Case Briefs High Courts

‘Knowledge’ is the hinge on which the offence turns: Delhi HC quashes FIR against man booked over movement on a public road during COVID-19 lockdown

The allegations in the FIR, even if accepted in their entirety, do not disclose the commission of any offence, nor does the material collected during the investigation cure that deficiency. The continuation of such a prosecution, more than six years after the incident, would amount to an abuse of the process of the Court, warranting the exercise of the inherent jurisdiction under Section 482 CrPC.

Vodafone cyber fraud sim swap money siphoning

Case Briefs Tribunals/Commissions/Regulatory Bodies

Vodafone Held Liable for Negligent Duplicate SIM Issuance in SIM-Swap Fraud; Central Bank Directed to Pay Interest for Delayed Fund Release

The Court held that the telecommunication services provider was liable for its negligent issuance of a duplicate SIM card leading to SIM-Swap fraud, and Central Bank of India cannot be fully absolved of their auxiliary liability as they failed to perform the physical release and remittance of the contractually frozen amount back to the complainant even after an interim order, thereby unlawfully disrupting the velocity of the complainant’s capital despite the clear judicial intervention of the Court.

Case Briefs High Courts

182 days alone isn’t enough: Karnataka HC holds purpose of stay is equally decisive under FEMA’s “person resident in India” test

The Court held that the respondents-firm were “persons resident in India” and several FEMA Regulations relied upon by the Directorate of Enforcement became inapplicable. Since these Regulations govern transactions involving persons resident outside India, they could not be invoked against respondents who were legally resident in India under FEMA.

Case Briefs Supreme Court

Murder is “Heinous Offence” under JJ Act; JJ Board Must Holistically Evaluate All Relevant Material During Preliminary Assessment: SC

The Court held that while conducting preliminary assessment, Juvenile Justice Board was not bound by any opinion or recommendation and must independently apply its mind to all the material available to it, including Social Background Report, Social Investigation Report, witness statements, interaction with the child and every other relevant circumstance.

Snake-bite victim criminal negligence case

Case Briefs High Courts

Failure to prove treatment could have saved snake-bite victim defeats criminal negligence charge; Himachal Pradesh HC upholds acquittal in Snake-Bite Death Case

Himachal Pradesh High Court upheld the acquittal in a snake-bite death case, ruling that criminal negligence cannot be inferred merely from a delay in taking the victim to a hospital. In the absence of medical evidence showing that timely treatment could have prevented the death, the prosecution failed to establish causation under Section 304-A IPC.

Case Briefs High Courts

Repeating Class Does Not Violate Right to Education: Delhi High Court upholds detention of EWS student in Class V

Delhi High Court held that an EWS student may be required to repeat Class V under Section 16 of the RTE Act where repeated academic support fails to ensure foundational learning, while directing the school to continue all EWS entitlements.

Case Briefs High Courts

Auction purchaser cannot claim cooperative housing society membership without clearing previous owner’s pending dues: Bombay High Court

The Court observed that modern cooperative housing societies have evolved into self-contained entities providing numerous services and amenities, making timely payment of maintenance charges essential for meeting operational expenses and statutory obligations.

Case Briefs Supreme Court

S. 66 IT Act is bailable offence; Supreme Court clarifies S. 77-B must be read to ascertain nature of offence under S. 66

The Court sets aside the order which treated Section 66 as a non-bailable offence while ignoring Section 77-B

Case Briefs High Courts

Compensation not payable for electrocution while operating “Tullu Pump” within residential premises under Compensation Circular: Chhattisgarh HC

Chhattisgarh High Court dismissed a writ petition seeking compensation for death due to electrocution while operating a domestic tullu pump, holding that the incident was not covered under the compensation scheme prescribed for specified electrical accidents.

police drunkenness departmental proceedings

Case Briefs High Courts

Madras HC: Blood and Urine Tests Not Mandatory in Departmental Proceedings to Prove Police Officer’s Drunkenness; Medical Certificate and Magistrate’s Observations Sufficient

The Court held that the absence of blood and urine tests does not invalidate disciplinary proceedings and that the Drunkenness Certificate issued by the Medical Officer along with the Judicial Magistrate’s observations was sufficient to establish misconduct inside the Court hall.

Case Briefs High Courts

“No useful purpose” in continuing trial after settlement: Punjab & Haryana High Court quashes FIR in cheating case

In the case at hand, pursuant to the Court’s referral to the Mediation and Conciliation Centre, the parties arrived at an amicable settlement.

Case Briefs Supreme Court

Mere Call Records Cannot Establish Criminal Conspiracy: Supreme Court Upholds Husband’s Conviction for Wife’s Murder; Acquits Co-Accused

Supreme Court held that while frequent phone calls alone cannot establish criminal conspiracy, a complete and unbroken chain of circumstantial evidence, including recoveries admissible under Section 27, Evidence Act, and the accused’s conduct was sufficient to uphold the husband’s conviction for the premeditated murder of his wife.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC issues fresh arrest warrants against Angle Infrastructure Directors after Delhi HC declines interim protection

The Commission said that, in the absence of any restraint order from the Delhi High Court, there was no basis to halt the execution proceedings and directed that the matter continue in accordance with law.

Case Briefs High Courts

Letter from separate confidential arbitration cannot be relied upon merely because relevant: Delhi HC upholds exclusion, dismisses S. 34 challenge

Delhi High Court dismissed a Section 34 challenge after holding that an Arbitral Tribunal rightly refused to rely on a letter exchanged between the respondent and DFCCIL in separate arbitral proceedings. The Court ruled that permitting reliance on such material would undermine the statutory confidentiality regime under Section 42-A, Arbitration and Conciliation Act, 1996.

Case Briefs Foreign Courts

UK High Court Interprets JKM-TTF Pricing Clause in US$29 Million LNG Charterparty Dispute

The dispute arose from a five-year LNG charterparty under which hire was linked to the spread between the JKM and TTF LNG price indices. After market conditions shifted dramatically in 2022 and TTF began exceeding JKM for sustained periods, the Court examined how the contractual pricing formula was intended to operate in those circumstances.