Case Briefs Archives | Page 15 of 906

Supreme Court directs High Courts to ensure pending execution petitions to be decided within six months without fail

“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”

Case Briefs High Courts

Touching lips or lying next to victim not sufficient for POCSO charge without ‘sexual intent’: Delhi High Court

“The presence of ‘sexual intent’ is the determining factor in distinguishing an act of mere physical force from an act that constitutes sexual assault under the POCSO Act.”

Case Briefs Supreme Court

Can a complaint under S. 138 of N.I. Act be transferred from one Court to other for lack of territorial jurisdiction of Court? SC answers

For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.

Case Briefs High Courts

Bombay HC permits Adani Cementation Ltd. to cut 158 mangroves trees for jetty construction to transport cement

Ensure that any activity though aimed at as a commercial activity, does not deplete the available natural resources and even if it does so, in any minimized way, its loss shall be compensated.

Case Briefs High Courts

‘Qualifying service lost significance due to dismissal’; Punjab and Haryana HC rejects pension plea of police officer dismissed from service in 1999

“If pension was extended on the basis of length of service, the order of dismissal or removal from service would become meaningless.”

Case Briefs High Courts

Man in live-in relationship with his married sister has no right to file Habeas Corpus petition: Rajasthan High Court

“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”

Case Briefs Supreme Court

Supreme Court grants interim bail to MLA Abbas Ansari in UP Gangsters Act case

Earlier, the Court had permitted him to attend a ‘Fatiha’ ceremony of his father Mukhtar Ansari, who died on 28-03-2024.

Case Briefs High Courts

‘Don’t disturb communal harmony’; Rajasthan High Court quashes notification creating new revenue village named after local deity “Gogaji”

“The purpose and intention to incorporate Clause 4 in Circular dated 20-08-2009 is that “no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society.”

Case Briefs High Courts

“FIR against Arnab Goswami a tool for intimidating & silencing independent journalism”; Rajasthan High Court allows stay application

“The selective initiation of criminal proceedings against the Petitioner while similar reports were aired by various media houses raises a serious question about the impartiality of the investigation and its underlying motive.”

Case Briefs High Courts

Amit Malviya defamation case | No early hearing of RSS Member’s plea for quashing proceedings; Malviya undertakes to seek adjournment of Trial: Delhi HC

Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.

Case Briefs High Courts

“Time is a valuable Resource’; MP High Court directs for policy review in PIL against ‘displaying long advertisements in movie theatres’

The Court acknowledged the concerns raised by the petitioner, however, asserted that the “issue at present is not ripe for adjudication before this Court.”

Case Briefs High Courts

Madras HC directs Varadharaja Perumal temple authorities to appoint trustees promptly; Warns against playing non-devotional songs inside temple

The Varadharaja Perumal Temple, is a Hindu temple dedicated to God Vishnu and Goddess Lakshmi. It is located in Tirumalairayanpattinam, Puducherry.

Case Briefs High Courts

Adoption by step-parent cannot be permitted without biological parent’s consent: Kerala High Court

A biological father has the inherent right to custody of his child, a right that continues until the child reaches the age of majority or until the order is modified or revoked by a competent court, and the substantive and intrinsic statutory right of a biological father to retain custody of his child cannot be waived or relaxed by the CARA under Regulation 63.

Case Briefs High Courts

Letters Patent Appeal will not lie against judgment passed by Single Judge in appellate jurisdiction or against order by Court subject to superintendence of this Court: Delhi HC

The jurisdiction available to this Court under Article 227 of the Constitution is primarily in the nature of superintendence and accordingly the Letters Patent Appeal will not lie in the instant matter.

Case Briefs High Courts

Drug/psychotropic addiction is quasi-pandemic; Statutory rules to be followed strictly without deviation: Bombay HC

The National Police Mission, Bureau of Police Research and Development issued communication to Police of all states/Union Territories in respect of Model FIR in registration of cases in narcotics under Section 52 of the NDPS Act and associated documents. The communication was issued as in recent times, several NDPS cases resulted in ‘acquittal’ in the Courts due to procedural irregularities.

Case Briefs High Courts

S. 306 IPC | SC acquits family of four accused of abetting man’s suicide by blackmailing him and trapping in love affair

“Even if the suicide note is taken as correct and genuine, there was no act of incitement on the part of the accused persons proximate to the date on which the deceased committed suicide.”

Case Briefs High Courts

Juvenile tried as an adult cannot face joint trial with adult accused under JJ Act: Delhi High Court

The statutory mandate under Section 23 of the JJ Act must be strictly adhered to, ensuring that children in conflict with law are not subjected to joint proceedings with adults, regardless of whether they are being tried under the procedure applicable to adults.

Case Briefs High Courts

Delhi High Court upholds acquittal in Seemapuri robbery and kidnapping case citing lack of evidence

In criminal jurisprudence, the standard of proof required to sustain a conviction is proof beyond a reasonable doubt, which is significantly higher than the preponderance of probabilities applicable in civil cases.

Case Briefs High Courts

‘Does not affect investigative prerogatives’; Delhi HC upholds order to preserve Call Detail Records, location data of CBI officials and independent witnesses

Since the Call Detail Records and location data have only been ordered to be preserved and not disclosed, there is no basis for the petitioner’s apprehension that this would provide an undue advantage to the defence. The direction simply ensures that potentially relevant evidence is not lost due to automatic deletion.

Case Briefs High Courts

FSL report must be obtained on priority, preferably within 60 days: Rajasthan High Court grants bail

“Whether the investigation under NDPS Act is to be completed within 60 days or 180 days is totally dependent upon FSL report.”