Case Briefs Archives

Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC

The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.

Case Briefs Supreme Court

[Mumbai E-Bus Tender] SC rejects TATA Motor’s plea; allows BEST to accept EVEY Trans Tender

“The Courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give ‘fair play in the joints’ to the government and public sector undertakings in matters of contract”.

Case Briefs High Courts

Denying sexual intercourse to spouse, without sufficient reason amounts to mental cruelty: Allahabad High Court grants divorce

Allahabad High Court said that the Court below has adopted a hyper technical approach and passed the dismissal of the husband’s divorce petition

Case Briefs Supreme Court

Supreme Court | Interim bail to AAP leader Satyendar Jain for 6 weeks on medical grounds

As per reports, Jain was admitted to ICU on Thursday after collapsing in the prison due to dizziness.

Case Briefs High Courts

[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.

Case Briefs High Courts

Admonishing wife for having illicit intimacy will not amount to abetting wife to commit suicide: Telangana High Court

A wife having illicit intimacy with another person will adversely affect the husband and family, both personally and in society. The husband cannot sit quite if the wife is having illicit intimacy with another person.

Case Briefs High Courts

Delhi High Court dismisses PIL by journalist seeking CBI ‘status report’ in NSE fraud by Chitra Ramkrishna

The petitioner is a journalist having specialization in investigative, business, and human-interest news features, has exposed Coal Scam in 2011 and Airport scandal in Delhi, and received various awards from time to time.

Case Briefs Supreme Court

Supreme Court on Judicial Officers’ pension: Recommendations, Compliance Timeline and Key Observations

“To be truly unified both in form and in substance, there must be integration in terms of pay, pension and other service conditions between the District Judiciary, the High Courts and the Supreme Court. Hence, any increase in the salary of the judges of the High Court must reflect in the same proportion to the judges in the District Judiciary.”

Case Briefs High Courts

Sub Divisional Magistrate exercising adjudicatory powers, acts as Revenue Court subject to control and supervision of Board of Revenue: Allahabad High Court

Allahabad High Court said that when a superior court issues an order of remand to an inferior court with certain directions, the latter is obligated to decide in accordance with the said directions.

contempt of court by indian based us resident

Case Briefs Supreme Court

SC holds NRI father guilty for contempt of Court as his misrepresentation before Foreign Court leads to dishonouring Principle of Comity of Courts

The contempt petition against the US resident was outcome of matrimonial dispute as he had committed breach of settlement orders and showed scant respect for the Court by defying the orders of the Court.

Case Briefs High Courts

Karnataka High Court sets aside orders sanctioning prosecution of 3 persons alleged to have provided luxury amenities to Sasikala during her detention in jail

The State Government had issued the impugned orders to sanction prosecution against the petitioners under the provisions of Prevention of Corruption Act, 1988.

Case Briefs Supreme Court

Explained| Supreme Court judgment allowing ED probe against TN Minister Senthil Balaji in Cash for Job Scam

What was compromised between the complainant and accused is not just their disputes, but justice, fair play, good conscience and the fundamental principles of criminal jurisprudence. In fact, the case at hand is one where there are two teams, but no one knows who is playing for which team and where the match was fixed.

Case Briefs District Court

Delhi Court grants bail to accused alleged of cheating Indian Immigration within days of arrest

The accused was travelling from New York to India when his departure record for the year 2012 was found missing by the Immigration Department.

Case Briefs High Courts

No relief for actor Unni Mukundan in sexual harassment case; Kerala High Court directs Trial Court to proceed with trial

Kerala High Court observed that “The materials placed by the prosecution prima facie disclosed the existence of all ingredients constituting the alleged offences.”

Case Briefs High Courts

Delhi High Court dismisses petition filed by a retired judicial officer challenging selection of Chairman at Competition Commission of India

Additional Solicitor General submitted that Ms. Ravneet Kaur, an IAS officer was appointed as Chairman, Competition Commission of India by the Selection Panel.

Case Briefs High Courts

Delhi High Court allows parties to nominate arbitrator upon Dispute Redressal Committee’s failure to settle dispute

The stipulations contained in Clause 25 of the Agreement must consequently be read down and understood to mean that at least one or more of the members of the Arbitral Tribunal must possess the qualifications as prescribed in Clause 25.

Case Briefs High Courts

Police not allowed to seal factory premises under Section 115 of Trade Marks Act: Bombay High Court

Bombay High Court explained that there is no power vested in the police under Section 115(4) of Trade Marks Act, 1999 to seal the factory premises, where the incriminating articles are situated.

Case Briefs High Courts

Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused

The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.

Case Briefs High Courts

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

Allahabad High Court said that the Tribunal has not considered the effect of acquittal of the petitioner from the identical criminal charges. The judgment is completely silent about the same. This is an apparent perversity on the part of the Tribunal.

Case Briefs High Courts

Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.