Case Briefs Archives | Page 12 of 914

Missing liquor stock case | MP High Court refers matter regarding Senior Advocate’s designation before Full Court due to misconduct in Court

When the Court asked the Senior Advocate about the presence of respondent 5 in Court, instead of responding to the query, he created a ruckus in the Court by shouting at top of his voice, which is recorded in the live-streamed recording of the Court.

R. 55A(i) Registration Rules ultra vires

Case Briefs Supreme Court

SC declares R. 55A(i) of Registration Rules as ultra vires for being inconsistent with provisions of Registration Act, 1908

“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.

Case Briefs High Courts

‘No global manhunt needed for absconding employee, sending residential notice is sufficient’; J&K and Ladakh High Court upholds suo moto enhanced punishment

“It is only in rare and exceptional cases that the Court may substitute its own view as to the quantum of punishment.”

Case Briefs High Courts

‘Husband’s promise to marry as per religious customs cannot be said to be false promise once marriage is legally registered’; Bombay HC quashes rape and cheating case against husband

Respondent 3 was fully aware of the bond of matrimony existing between her and the petitioner after the civil registration of their marriage and consciously decided to engage in consensual sexual interactions. So, it cannot be said that her consent for sexual relationship is vitiated by a promise to marry based on religious customs.

Case Briefs Supreme Court

“Consensual relationships, where possibility of marriage may exist, cannot be given a colour of false pretext to marry after fall out”; SC quashes rape case against former judge

“The incident is of the year 2014 and any further litigation, will only prolong the suffering of both the parties, who are living their own separate lives”

Case Briefs Supreme Court

Read why Supreme Court upheld DHFL’s resolution plan by Piramal Capital and set aside NCLAT’s order

“There is a clear distinction between the Avoidance Applications that may be filed by the Resolution Professional in view of Section 25(2)(j), for avoidance of transactions in accordance with Chapter III of the IBC, and the applications that may be filed in respect of the fraudulent trading or wrongful trading under Section 66, which falls under Chapter VI of the IBC.”

Case Briefs High Courts

S. 14(1) HMA | Court’s discretion to allow divorce plea in 1 year of marriage, only if substantiated with separate application seeking permission to file for divorce

The statutory mandate under Section 14 of the HMA serves a crucial purpose in discouraging hasty dissolution of marriages and ensuring due deliberation before seeking divorce.

Case Briefs Supreme Court

Supreme Court issues notice in challenge to Punjab & Haryana High Court’s decision on EWS reservation in PPSC Agriculture Development Officer recruitment

Punjab & Haryana HC in the impugned judgment clarified that EWS candidates who are selected based on merit and not on account of reservation, are not to be counted towards the quota meant for reservation.

Case Briefs High Courts

District Judge, not District Magistrate, has jurisdiction under S. 16(3) of Telegraph Act to adjudicate adequacy and sufficiency of compensation: Allahabad HC reiterates

“The Writ Court cannot substitute its wisdom with the policy making authorities unless it suffers from conditional infirmity. In view of the above, the present writ petition, which primarily seeks judicial intervention in a policy matter, does not warrant the Court’s indulgence at this stage.”

Case Briefs Supreme Court

‘Not enough material to upset Trial Court’s acquittal order, especially when there was no evidence regarding death being result of homicide’; SC sets aside husband’s conviction under S. 302 IPC

The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.

Case Briefs High Courts

Merely because suicide is committed in parental home and not matrimonial home, does not mean it is not a case of dowry death: Delhi HC dismisses bail application

The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.

Case Briefs High Courts

Bombay HC dismisses PIL alleging illegality in the tender process for providing ambulances for Emergency Response Service

The State Government is required to follow the guidelines laid down by National Health Mission Conditionalities Framework 2022-2024 and increase the number of ambulances as per the population norms.

Case Briefs High Courts

MP High Court seeks State response on detention of a man over alleged WhatsApp threat to Prime Minister’s cavalcade

“In a democratic country, protestors can protest but they cannot disturb the protocol of Prime Minister and Vice President;” State argued.

Case Briefs High Courts

MP High Court seeks State’s response over accountability for missing liquor stock allegedly handed over in panchnama

The question regarding State’s accountability for missing liquor stock is not a mere contractual dispute

Case Briefs High Courts

Delhi High Court orders takedown of Rajdeep Sardesai’s video for violating Shazia Ilmi’s privacy; Defamation claims partially accepted

The plaintiff is aggrieved by the incident which occurred at her residence on 26-07-2024 in the late evening, after she withdrew her participation from a live debate programme (‘live debate’) hosted by Rajdeep Sardesai premised on ‘Kargil Diwas’ and ‘Agniveers’, telecasted at 9:00 PM on India Today Television.

West Bengal SSC teacher recruitment scam

Case Briefs

Know why Supreme Court upheld Calcutta High Court’s decision to cancel entire West Bengal SSC teacher recruitment process of 2016

“Despite the factual background and the credible evidence indicating irregularities, WBSSC initially did try and cover up the lapses and illegalities. The cover up itself has made the verification and ascertainment more difficult or rather impossible given the scale of camouflage and dressing up done at each stage. We are convinced that the entire selection process was intentionally compromised due to the illegalities involved.”

Case Briefs High Courts

Delhi HC grants permission for transplantation of 26 trees to facilitate Supreme Court expansion project

The Court stated that the applicant should obtain necessary permissions from the municipal authorities concerned to see if more trees can be planted on the road leading to the Supreme Court as the same was enveloped with fully grown trees till some years ago.

Case Briefs High Courts

‘Accused person died while in police custody, requires thorough investigation’; Bombay HC directs to constitute a SIT in Badlapur Encounter Case

Crimes affect entire society and thus the legitimate interest of the society in the investigation cannot be easily brushed aside. It is important to strengthen the faith and confidence of the people in law enforcing agency and this institution, lest the faith of the people in administration of justice stands shaken.

Case Briefs High Courts

Advocate General can represent any autonomous body/Corporation of State or charge independent professional fees: MP High Court

The Court did not find “any illegality prima facie in the case of engaging lawyers by the autonomous body i.e. MPNRC and paying the professional fees as per their norms.”

Case Briefs High Courts

Why Muslim civilians denied prayer rights at Masjid Noor situated at defence land? MP High Court seeks clarification

The Court took a prima facie view of the matter and issued notice to all respondents.