Case Briefs Archives | Page 18 of 906

Section156(3) CrPC application directions

SC clarifies prospective nature of direction in 2015’s Priyanka Shrivastava case on Section 156(3) CrPC applications being supported by affidavit

“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.

Case Briefs High Courts

‘Issue involves mixed question of law and fact’; Bombay HC dismisses family’s plea to transfer RBI bonds of a Jain man who took sanyas

The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.

Case Briefs High Courts

Calcutta High Court quashes case against man accused of mocking West Bengal CM Mamata Banerjee on YouTube

The Court underscored the necessity of concrete evidence in criminal prosecutions, particularly in cases involving digital content. The ruling reinforces those mere allegations, unsupported by forensic proof or substantial material, cannot justify the continuation of criminal proceedings.

Case Briefs High Courts

Social media criticism not defamation; Delhi High Court dismisses LawSikho’s defamation suit & imposes ₹1 Lakh costs

The Court observed that before alleging defamation based on a tweet, the plaintiff should bear in mind the conversational nature of medium and bear responsibilities for the content of its own tweets which lead to the Impugned Tweets.

Case Briefs Supreme Court

SC puts stay on Allahabad HC decision directing PMLA Special Court to consider claim in alleged disregard of Rule 3A PMLA Rules, 2016

The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.

Case Briefs High Courts

‘Cannot claim defence of illiteracy to perform illegal acts’; Bombay HC rejects Rs 5 crores compensation plea of a man whose illegally constructed house was demolished

“We have seen the rise in slums and illegal constructions in the State of Maharashtra over a period of time and no action has been taken to raze them. It is this inaction by the state authorities that fuels the desires of the persons like petitioners.”

Case Briefs High Courts

Gujarat HC allows two law graduates from allegedly unrecognized institute to participate in Civil Judge recruitment process

The petitioners had completed their LL.B., but disputes had arisen as to the recognition of their college as a recognized institute.

Case Briefs High Courts

RVNL is liable to be taxed at concessional rate of 12% GST, and not 18% for railway work contracts: Madras HC

After applying the definition of Railway as defined under the Railways Act, 1989, to the contract between the petitioner and RVNL, it would constitute that the work specified under the contract is the original work pertaining to railway for the purpose of the subject notification and thus, covered under Serial No. 3(v)(a) of the notification dated 28-06-2017 issued by Central Government.

Case Briefs District Court

‘Material contradictions and improvements in victim’s statements’; Delhi Court acquits three accused persons of charges of gang rape

There is no explanation on record as to why the victim did not depose in her examination-in-chief about commission of rape by the accused persons, which is the most important fact and there is no explanation as to how she forgot to mention such a material fact during her examination-in-chief.

Case Briefs High Courts

Punjab and Haryana HC grants ex-gratia allowance to cadet who developed a disability due to strenuous military training in 1999

“There are no cogent reasons or circumstances that have been established by the authorities to the satisfaction of the judicial conscience of the Court, that the disability suffered by the cadet was neither attributable nor was aggravated on account of military service.”

Case Briefs High Courts

MP High Court lays down SoPs for termination of pregnancy up to & exceeding 24 weeks in sexual assault cases

The Court stated that failure to comply with Court’s guidelines will amount to contempt of court, and strict contempt proceedings will be initiated against the erring officers under the Contempt of Courts Act, 1971.

Case Briefs High Courts

‘Right to be forgotten’ for juvenile by destroying record of juvenile delinquency is an absolute right: Rajasthan High Court

“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma.”

Case Briefs Supreme Court

Read why SC quashed Bihar Legislative Council’s decision to expel RJD’s MLC Sunil Kumar Singh for unparliamentary conduct and remarks against CM

“There is no absolute bar on the Constitutional Courts to examine the proportionality of the punishment imposed on a Member while reviewing the validity of the action taken by the House.”

Case Briefs High Courts

‘Discontinuation of contract, without reasons, is arbitrary’; Bombay HC quashes MMRDA’s order terminating Consultancy contract for Mumbai Metro Lines

Clause 2.8.1(f) of the General Conditions of Contract, which enables MMRDA to terminate the contract without assigning any reasons, cannot be read to mean that MMRDA has a licence to act unfairly, or arbitrarily.

Case Briefs High Courts

‘Accused cannot be made to suffer due to police official’s error’; Punjab and Haryana HC upholds Trial Court’s order recalling denial of anticipatory bail

“Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the accused persons occurred in circumstances that warranted reconsideration.”

Case Briefs High Courts

‘Retention of balance after assessing officer reduced the demand amounts to unjust enrichment’; Jharkhand HC orders refund of pre-deposit amount submitted during appeal proceedings

The Court stated that it failed to understand how the respondents could have retained the amounts deposited by the petitioner at the time of preferring the appeal and seeking stay of demand, after the appeal is decided, and matter is remitted back, and fresh assessment order is passed.

Case Briefs Supreme Court

‘S. 106 exists to resolve situations where prosecution can’t lead direct evidence’; SC elaborates key principles of Section 106 Evidence Act

The Court found that circumstances in the instant case constituted more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.

Case Briefs High Courts

Delhi High Court grants ad-interim injunction against unauthorised use of Baazi Games’ trade mark ‘BAAZI’

The Court held that Moonshine had demonstrated a prima facie case for a grant of injunction, the refusal of which would cause an irreparable loss to it.

Case Briefs Supreme Court

‘Evidence Act does not prescribe any minimum age for a witness’; SC elucidates principles on appreciation of testimony of a child witness

In the instant case a husband was charged for the murder of his wife who died in mysterious circumstances by the Trial Court; however, MP High Court acquitted the husband as it found the child witness to be tutored.

Case Briefs High Courts

S. 197 CrPC | Excess use of power by Customs officers to ‘extract truth’ is an act done in discharge of official duty: Rajasthan High Court

“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”