Case Briefs Archives | Page 16 of 906

Grounds of arrest must be served in writing simultaneously with arrest memo; Delhi High Court grants bail in abetment to suicide case

On perusal of the arrest memo shows that though there is column providing for ‘reasons of arrest’ against which it is stated “for the purpose of fair investigation” but neither there is column for ‘grounds of arrest’ in the arrest memo nor it is the case of the prosecution that the ‘grounds of arrest’ were separately served upon the present petitioner at the time of his arrest.”

Case Briefs High Courts

Madhya Pradesh High Court gives green flag for removal of BRTS Corridor in Indore

“Huge increase in volume of traffic and everyday traffic congestion in both sides of the BRTS Corridor persuaded the Expert Committee to conclude that BRTS Corridor has lost its utility in the present-day scenario.”

Case Briefs High Courts

Delhi HC temporarily restrains Azure Hospitality from playing Phonographic Performance’s copyrighted songs without license in its restaurants/bars

The act of the defendants of playing the sound recordings in their restaurants/bars, for which the plaintiff holds the copyright would, on a prima facie view, amount to infringement of the plaintiff’s copyright in terms of Section 51 of the Copyright Act, 1957.

Case Briefs Supreme Court

‘Conclusion must have reasons to stand on’: Supreme Court sets aside unreasoned BCI order dismissing revision petition on Advocates’ professional misconduct

Supreme Court reiterated that that an order of affirmation may not require elaborate reasons as required in the case of an order of reversal, but it does not mean that such order of affirmation need not contain any reason at all.

Case Briefs High Courts

‘Cannot direct legislature to unbury or re-legislate’; Bombay HC rejects plea to revive Maharashtra Casinos (Control and Tax) Act, 1976

The Maharashtra Casinos (Control and Tax) Act, 1976 Act is “still born” and thus, when the 1976 Act itself is a dead letter, no legal rights can accrue to the petitioner to maintain the present petition.

Case Briefs Supreme Court

Supreme Courts acquits convict in 1995 murder case for glaring omissions in evidence of deceased’s parents

“The motive for the commission of the offence was absent and the same was very relevant as the case was based on circumstantial evidence.”

Case Briefs High Courts

Gujarat HC rejects judiciary aspirant’s plea seeking age relaxation to attempt Civil Judge Exam

The aspirant, who crossed the age limit of 35 years contended that there was no recruitment undertaken during the year 2023-2024, though, the vacancies were available and therefore, she did not get a chance to participate.

Case Briefs Supreme Court

Strict adherence to MRTP Act’s acquisition timeline is essential, land reservation lapses if no action is taken: Supreme Court

“It does not make any good sense to keep a plot reserved in a development plan for the past 33 years. The Authority did not allow the original owners to use the land and are now not permitting even the purchasers to utilize the land.”

Case Briefs High Courts

Telangana HC revokes prohibition on children below age of 16 from watching late night movies in theatres

“The order of this Court dated 24-01-2025 may have ramifications all over the State and may cause substantial loss to the multiplexes/theatres during release of new movies.”

Case Briefs District Court

Court cannot substitute the doctor’s opinion with its own; Delhi Court extends interim bail on medical grounds in PMLA case

It is the applicant’s case that he had undergone the aforesaid spinal surgery involving insertion of screws, at VNA Hospital, on 15-01-2025 and was admitted there till 20-01-2025, after which he continues to be in severe pain and has been advised bed rest for 6 weeks, as recently as on 17-02-2025.

Case Briefs High Courts

Telangana HC rejects PIL challenging prohibition on candidates with more than 2 children from contesting panchayat elections; imposes Rs. 25,000 costs

“If certain persons were held to be ineligible to contest the election having more than two children, such persons may be ‘persons aggrieved’ and could have assailed that decision in an independent capacity and not as a PIL.”

Case Briefs High Courts

Delhi High Court rejects Air Force officer’s plea to quash domestic violence case filed by wife

Even if the contention of the petitioner is accepted that there was no domestic violence, then too her right to claim residence is still maintainable.

Case Briefs Supreme Court

Road Accident | SC grants interim bail to accused due to his father’s compassionate endeavour towards victim’s orphaned minors

The accused person’s Creta car dashed against the scooty on which the deceased couple was travelling along with their daughter. Due of the impact, couple died on the spot and their daughter was seriously injured. After the death of couple, the injured daughter and two other minor children of the couple became orphan.

Case Briefs High Courts

Reformative approach be taken while evaluating past youthful indiscretions of candidates seeking government employment: Rajasthan High Court

The Court called for a mechanism to be devised in juvenile justice system by expungement of records for minor offenses committed by youth so as enable their easier rehabilitation and also prevent youthful mistakes from becoming lifelong barriers to personal and professional growth.

Case Briefs High Courts

Maintainability of proceedings under S. 148A(b) of Income Tax Act post-enforcement of Finance (No. 2) Act, 2024: Read Allahabad HC’s ruling

The Finance Act No. 02 of 2024, which came into effect on 01-09-2024, brought about significant amendments to the Income Tax Act. Among the key changes are revisions to Sections 148 and 148A, which pertain to the provisions for assessment and reassessment of income. In addition, Section 152 has been amended to introduce two new sub-sections.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT rejects Vedanta Ltd.’s demerger plan over non-disclosure of SEPCO’s debt and procedural irregularities

“The present one is a case where material facts have not been disclosed by the Applicant Company, violating Section 230 (2)(a) of the Companies Act, 2013, which in our considered opinion is bound to prejudice the public interest at large.”

Case Briefs High Courts

Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC: Bombay HC

The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.

Case Briefs High Courts

‘It is an administrative decision to be taken by the Kolkata Metro Rail’; Calcutta High Court dismisses PIL seeking additional Kolkata Metro Services on Blue Line

A PIL was filed seeking a direction upon the railway administration to introduce at least four additional metro services between 9:40 p.m. and 10:40 p.m. on the Blue Line of Kolkata Metro Railway, covering the route from Dakshineshwar to Kavi Subhas Stations.

Case Briefs High Courts

Gujarat HC stays order allowing law graduates from allegedly unrecognized institutes to participate in the Civil Judge recruitment process

None of the graduates can point out that under which provisions of law, they can be allowed to appear in the recruitment process. Neither they are eligible as per the requirement of Rule 7(2)(b) of the Gujarat State Judicial Service Rule, 2005 nor they have been able to satisfy that they are holding the Provisional Certificate issued by the authorities.

Case Briefs High Courts

Delhi HC directs to conclude trial of acid attack accused in a month; Issues directions for compliance of higher courts’ order to conclude trials in time bound manner

It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.