Case Briefs Archives | Page 288 of 914

Allegation of demand of gratification and acceptance made by a public servant must be established beyond a reasonable doubt; Supreme Court set aside order of conviction

Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.

Case Briefs Supreme Court

For proving threat under S. 364-A IPC, intimidation of kidnapped victim, for the purpose of making him silent, cannot be enough.: SC

Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.

Case Briefs High Courts

Party cannot be held liable for failure of bank in sending money by RTGS; Calcutta High Court directs to issue discharge certificate

The Calcutta High Court quashed the imposition and recovery of penalty by the respondent authorities and directed them to refund the penalty amount and issue discharge certificate in favour of the petitioners.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Google-CCI Case] |NCLAT upholds Rs1,337 crore penalty on google for abuse of dominant position in Android Mobile Device Ecosystem

The Tribunal while upholding the impugned order passed by CCI dated 20-10-2022, set aside 4 key directions issued in paragraphs 617.3, 617.9, 617.10 and 617.7.

Case Briefs High Courts

University of Delhi arbitrarily cancels seat alloted to a candidate; Delhi High Court directs admission in next academic year 2023-24

The delay on part of the petitioner in approaching the Court had led to the conclusion of admission process, due to which the candidates with lower merit would got admission which stood crystalised. Therefore, no exceptional circumstances existed in warranting issuance of directions to admit the petitioner in the academic year 2022-23.

Case Briefs High Courts

Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case

“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court

Case Briefs Supreme Court

UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA

Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions

Case Briefs High Courts

[POCSO Act] Minor girl misrepresented her age and showed herself to be a major; Delhi High Court suspends sentence of a man accused of raping a minor girl

The Delhi High Court suspended the sentence of a man who was convicted for raping the minor girl after noting that the girl herself had misrepresented her age and showed herself to be a major.

Case Briefs High Courts

When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court

Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.

Case Briefs High Courts

Patna High Court rejects anticipatory bail plea of an IPS Officer who hired a conman to pose as the Chief Justice of the Patna High Court to influence the corruption probe against him

The Patna High Court rejected the anticipatory bail plea of an IPS Officer who hired a conman to pose as the as the Chief Justice of the Patna High Court and to make calls to other officers for taking decision in his favour in a corruption case against him.

Case Briefs Supreme Court

Banks must hear borrowers before classifying their accounts as fraud as it may lead to its ‘civil death’: Supreme Court

The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.

Advance Rulings Case Briefs

Gujarat AAR| 28 percent GST rate is applicable on PVC floor mats used in Four-wheel Motor Vehicles

The Gujarat AAR ruled that the PVC foot mats used in cars are classified under CTH 8708 and attract 28 percent GST

Case Briefs Supreme Court

Complaints with ‘highly disputed questions of facts’ cannot be decided by Consumer Disputes Redressal Commission/Forum: Supreme Court

Supreme Court quashed the original complaint and said that respondent miserably failed to discharge his burden to prove deficiency in service on part of the bank.

Case Briefs High Courts

Kerala High Court quashes withdrawal of nomination of Senate Members of Kerala University by the Chancellor

Kerala High Court concluded that the process of nomination of Senate Members is not an act of constituting an agent or mouthpiece to speak his master’s voice.

Case Briefs High Courts

Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer

Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.

Case Briefs Supreme Court

High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement

“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court

Case Briefs High Courts

“A class of its own in the category of frivolous cases”: Gauhati High Court berates counsels who signed Vakalatnama for non-existent petitioner

Gauhati High Court was faced with a peculiar case where “petitioner” had followed every rule in the book to file a well-planned petition; however, in reality the petitioner did not exist!

Case Briefs Supreme Court

Affinity test not integral for determining the correctness of a caste claim: Supreme Court

Supreme Court held that when an affinity test is conducted by Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim

Case Briefs High Courts

Delhi High Court set aside delayed show cause notice issued by Revenue Department under IT Act

The Delhi High Court observed that there was an unexplained substantial delay in issuing the impugned Show Cause Notice dated 09-11-2017 and thus, is inexcusable in the eyes of law

Case Briefs High Courts

Unilateral action of bank withholding security documents is illegal and arbitrary: Kerala High Court

Kerala High Court held that once loan is repaid, the bank is not entitled to withhold the title deed merely on the grounds that the petitioner has transferred the property during the subsistence of mortgage.