Case Briefs Archives | Page 3 of 782

‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter

“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”

Case Briefs Foreign Courts

Imposing penalties to discourage Trade Union members to participate in lawful strikes; UKSC declares S. 146 of TULRCA to be incompatible with Art. 11 of ECHR

The Court held that S. 146 of TULRCA is incompatible with ECHR Convention insofar as it fails to provide any protection against penalties, intended to deter trade union members from taking part in lawful strike action organised by their trade unions.

Case Briefs Supreme Court

Sessions Court has jurisdiction to deal with UAPA Cases when Special Court is not constituted as per NIA Act: Supreme Court

The State Government has been given exclusive power delegated by virtue of Section 22(1) of the NIA Act to constitute one or more Special Courts for trial of offences under any or all the enactments specified in the Schedule to the NIA Act

Case Briefs High Courts

Gauhati High Court directs State to furnish details of interim measures to be taken to deal with pollution of Bharalu River

For dealing with pollution of Bharalu River, three Sewage Treatment Plants are proposed to be constructed at different locations and Phases-I and II of the project are scheduled to be completed in the year 2030.

Case Briefs High Courts

Making derogatory complaints to spouse’s employer with intent to harm professional reputation amounts to cruelty: Delhi High Court

Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.

statement before NDPS official inadmissible

Case Briefs Supreme Court

SC sets aside 21-year-old conviction based solely on inadmissible statement made before NDPS official under Section 67 of NDPS Act

In Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31, it was held that officers authorised under Section 53 of the NDPS Act were ‘police officers’ and the statements made to them under Section 67 were inadmissible in evidence.

Case Briefs High Courts

Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court

“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

S. 269-SS of Income Tax Act not applicable to receipt of sale consideration of immovable property in cash but only on loan or deposit: ITAT, Delhi

“Section 269-SS of the Income Tax Act, 1961 has a specific bar on receiving a sum more than 20,000/- from any other persons by way of loan or deposit.”

Case Briefs High Courts

State attempt granting retrospective seniority deemed impermissible; Delhi High Court sets aside orders

By virtue of the two impugned actions/orders, today the respondents are trying to wrongly give retrospective seniority to the other similarly situated personnel like the petitioners herein by putting them ahead of such petitioners in the already existing seniority list as on date, which, as per the settled position of law, is not permissible.

Case Briefs High Courts

Bombay HC denies interim relief to filmmaker Ramesh Sippy in inheritance claim on 27 cinematograph films, 500 shares in Sippy Films & Mumbai flat

The Court found no substantial evidence to exercise discretion in favor of Ramesh Sippy’s inheritance claim.

Case Briefs High Courts

Delhi High Court sets aside circular on 24 ‘ferocious’ dog breeds issued by Department Animal Husbandry and Dairying

A petition was filed challenging the circular dated 12-03-2024, issued by Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying prohibiting import, breeding and selling of twenty-four dog breeds.

Case Briefs High Courts

A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court

The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.

Case Briefs High Courts

‘Objections under S. 47 CPC are applicable only to execution of decrees not maintainable against arbitral awards’; Allahabad HC imposes Rs 5 lakhs cost on State

“Imposition of costs in cases of frivolous litigation is essential to maintain the integrity, efficiency, and fairness of the judicial system. By deterring abuse of the legal process, promoting judicial efficiency, and upholding the principles of fairness and justice, cost imposition serves to safeguard the rights of individuals, protect the integrity of the legal system, and bolster public confidence in the administration of justice.”

Case Briefs High Courts

Admissions and jobs based on 10% reservation to Maratha under SEBC, subject to final outcome of pleas challenging Maharashtra Reservation Act: Bombay HC

The Act grants 10 percent reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC) category. A report of MSBCC cited ‘exceptional circumstances and extraordinary situations’ for surpassing the total reservation limit of 50 percent.

Case Briefs High Courts

Man fakes own death to claim insurance after allegedly murdering neighbor : Bombay HC refuses to grant bail

To avail the benefit of insurance policy of Rs.1,50,00,000/-, an innocent person was killed to portray that the accused had met with an accident and in the said accident, the car in which the accused was travelling caught fire and got burnt.

Case Briefs Supreme Court

SC clears Chairman & Secretary of Sunshine Educational and Development Society of cheating and conspiracy in false information for AICTE approval case

Supreme Court said that AICTE itself never claimed that it was dishonestly induced to grant such approvals and that essential link is altogether missing, whereby any such criminal charge of cheating can be sustained against the accused persons.

Case Briefs High Courts

[Special Law v. General Law] Bombay HC deciphers interplay between IPC and IT Act in punishing for overlapping offences

“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”

guidelines for trial of deaf and mute persons

Case Briefs Supreme Court

SC to consider framing guidelines and parameters for trial of deaf and mute persons

The Supreme Court noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence, were not laid down by the Court.

Case Briefs High Courts

Madras HC asks for number of cases registered in elections for distribution of money to voters

“Democracy is the basic principle in our constitution. Our country is the largest democratic country in the world. The sculptural inscriptions would show that democracy prevailed in our country even during the ancient times.”

Case Briefs High Courts

‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country

“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”