Case Briefs Archives | Page 2 of 889

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.”

Case Briefs Supreme Court

Dubious conduct & suspicious circumstances of death; SC restores conviction of husband charged with wife’s murder 22 yrs ago

The Court found that circumstances in the case constitute 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

‘Ought to have complied with Section 115 of Mental Healthcare Act’; Kerala HC sets aside conviction of a mother who killed her infant son and then attempted suicide

On literal interpretation of Section 115(1) of Mental Healthcare Act, 2017, it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under Penal Code, 1860.

Case Briefs High Courts

Mere change in tax rate for future AYs, no ground to reopen assessment without fulfilling jurisdictional parameters under S. 148 of Income Tax Act: Bombay HC

The jurisdictional parameter about failure to disclose fully and truly all material facts necessary for assessment are missing and without compliance with the said parameters, the respondents have no jurisdiction to proceed with the reopening of the assessment.

Case Briefs High Courts

‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’

“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”

Case Briefs Supreme Court

SC acquits man accused of kidnapping & killing 16-year-old alleged girlfriend after 21 years of legal battle

“When one of the three circumstances was disbelieved and discarded by the High Court, then the chain of circumstantial evidence could not have been held to be complete and proved and on that basis to hold the accused guilty of the offence.”

Case Briefs High Courts

‘Expedition of trial cannot be at cost of fairness’; Delhi HC permits cross examination of Head Constable in Delhi riots case

While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.

Case Briefs High Courts

‘Sovereign function of free medical aid not discharged by State’; P&H HC seeks explanation on lack of doctors, CT scan & MRI facilities at Civil Hospital

The Court stated that the State’s affidavit showed the dismal picture of incumbency and vacant positions in the Hospital as only two Medical Officers were posted against 39 sanctioned posts.

Case Briefs High Courts

‘Victim had sufficient knowledge, full capacity to know import of her actions’; Bombay HC grants bail to 24-year-old accused of raping his then 14-year-old girlfriend

“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”

Case Briefs High Courts

Punjab and Haryana HC rejects anticipatory bail plea in Rs. 7 Crores cybercrime through fake hearing before former CJI D.Y. Chandrachud

“It is noteworthy that instances of cyber fraud are increasing day by day, and according to the Data maintained by the Reserve Bank of India, Rs 3207 Crores were lost due to 5,82,000 cases of cyber-fraud between F.Y 2020 to F.Y. 2024.”