Case Briefs Archives | Page 72 of 909

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding under Section 95 IBC can’t be continued against legal heirs after personal guarantor’s death: NCLT

“The term “personal guarantor” is defined under Section 5(22) of the IBC as “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor.”

Case Briefs Supreme Court

Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court

“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”

Case Briefs High Courts

Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years

In 2015, the minor left the school but did not reach his house and three days later, his body was found by the police, and it was alleged that he was murdered after being subjected to unnatural sexual intercourse.

Kolkata rape and murder case resident doctors report to duty

Case Briefs Supreme Court

[Kolkata Rape and Murder Case] SC takes note of mass abstentions of Resident doctors; Directs them to report for duty by 5 pm on 10-09-2024

The Court also directed the West Bengal Govt. to take steps to create confidence in the doctors vis-a-vis their safety and emphasised that resident doctors cannot be oblivious of the needs of the general community whom they are intended to serve, and they should return to work within the time indicated.

Case Briefs High Courts

Delhi High Court directs BSES to pay Rs. 10,00,000/- as compensation to wife of Sub-Inspector who died due to electrocution

‘If the State fails to adhere to the practical necessity of preserving human life, it leads to a tragic loss of human dignity.’

West Bengal Coal Scam Abhishek Banerjee Rujira Banerjee ED summons

Case Briefs Supreme Court

West Bengal Coal Scam | SC dismisses Abhishek Banerjee and wife Rujira’s appeal against ED summons

In 2020, a FIR was registered by the CBI, ACB, Kolkata in respect of alleged illegal excavation and theft of Coal taking place in the leasehold areas of Eastern Coalfields Limited (ECL). Eventually ED issued summons in 2021 to the Appellants seeking their presence and documents pertaining to the matter.

Case Briefs High Courts

Effort shall be made by authorities to address grievance of Transgender Community members in respect to their medical needs: Gauhati HC

Petitioner stated that due lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam is coming forward with any concrete step to redress the grievance of the transgender community.

Case Briefs High Courts

Delhi High Court upholds Tihar Jail Superintendent’s denial of Rajya Sabha MP’s request for physical interview with Arvind Kejriwal

The petitioner is seeking right of physical interview in terms of Delhi Prison Rules and must therefore, exercise it in accordance thereof. He cannot, on one hand, seek right to physical interview according to Rule 589 DPR and on the other hand, not abide by the conditions contained therein.

Case Briefs Supreme Court

Supreme Court sets aside MP High Court order transferring toddler’s custody from maternal aunts to father; Allows father and grandparents to meet child once a fortnight

Supreme Court said that this is not a case where custody of the child can be disturbed in a petition under Article 226 of the Constitution of India.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

When DCDRC took to task a surgeon for conducting delayed Laparotomy based on a 2-day old CT Scan report

The Commission held that reliance on old CT scan report; invalid consent & unjustified delay in conducting Laparotomy, constituted Medical Negligence and directed the surgeon to pay compensation of Rs. 4 Lakhs.

Case Briefs High Courts

‘Would like to prevent a situation where lengthy and arduous trial becomes punishment in itself’; P&H HC grants bail to UAPA accused in custody for 3 years and 8 months

The allegations against the accused are that he was allegedly involved in anti-national activities but only a mobile phone was recovered from him containing objectionable photographs of arms and ammunition. There was no other recovery either of firearms or any other incriminating material.

Case Briefs Supreme Court

Supreme Court permits bank employees who secured job under SC/ST category to retain jobs despite caste descheduling by Karnataka Government

Supreme Court reiterated that neither State Government nor Courts have the authority to modify Scheduled Castes list promulgated by Presidential order

Case Briefs High Courts

Court of Chief Commissioner for PwD cannot pass binding/adjudicatory orders akin to those issued by court of law; Delhi HC sets aside stay on Employee’s transfer

‘The Rights of Persons with Disabilities Act, 2016 does not envisage the CCPD as an adjudicatory body capable of deciding service-related disputes or issuing enforceable orders.’

Case Briefs High Courts

POSH| Sub-Inspector’s transfer, merely on account of pendency of Internal Committee proceedings, unjustified: MP High Court

“The intervenor created an impossible situation of stalemate in herself, bringing the proceedings of the ICC to a standstill and demanding reconstitution of committee which is not contemplated under the POSH Act.”

Case Briefs High Courts

‘Under Muslim Law, custody of children below 7 years shall be with their mother’: Bombay HC

The Court considered the aspect of better company and care, wherein it evaluated the parties’ living arrangements, schedules and availability to cater to the children. The husband due to his business engagements could not have catered to the needs of the children, unlike the wife who was not working at stayed at home.

Case Briefs High Courts

‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord

“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.

Case Briefs Supreme Court

SC reduces life sentence to 10 years imprisonment of man convicted for raping step-daughter, considering age and eight years of sentence undergone

‘No reason to interfere with the well-considered findings.’ The High Court’s and Trial Court’s decision for convicting the man for offence under Section 376 of IPC was upheld.

Case Briefs High Courts

‘Victims are unaware of Gas companies’ liability to compensate’; Orissa HC asks MoPNG to ensure public awareness on insurance for LPG cylinder blast and safety trainings

“The Oil/LPG companies in cases like this where human cost of LPG cylinder explosion is incalculable, behave like a hardcore litigant ignoring the fact that the matter does not fall in the realm of adversarial litigation. One can imagine as to how the thick flames engulfs the surroundings and human beings just reduce to ashes or sometime escape death and end up with deformities.”

Case Briefs High Courts

Minor girl’s marriage to adult constitutes mental and physical Cruelty, a ground for divorce under Section 13 of Hindu Marriage Act: MP High Court

The Court declared the marriage as null and void on the grounds of mental and physical cruelty as the wife, being a minor, was not ready to perform the marital obligations

Case Briefs Supreme Court

‘Chief Justice cannot individually reconsider recommendation’; SC directs HP High Court Collegium to collectively reconsider elevation of two District Judges

“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”