Case Briefs Archives | Page 29 of 914

‘Uncomfortable questions during court proceedings not humiliation’; SC dismisses woman’s plea seeking clarification from police on remarks made on her divorce

“It is the duty of the Court to reach the truth of the matter and such exercise may demand putting forward certain questions and suggestions which may be uncomfortable to some.”

Case Briefs High Courts

Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction: Jharkhand HC sets aside order dismissing S.34 arbitration application

The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.

Case Briefs High Courts

Despite acknowledging ECL’s violations, RBI failed to act; Delhi High Court upholds direction to RBI to intervene

It is an elementary principle that when a public authority is vested with specific powers, it is duty bound to act accordingly. Therefore, any failure to exercise statutory powers gives rise to a cause of action to secure performance of such duty by way of issuance of writ of mandamus under Article 226.

Case Briefs Supreme Court

‘If accused gets verdict after 6-7 years in jail as undertrial prisoner, right to speedy trial under Art. 21 is infringed’; SC grants bail to UAPA accused

“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”

Case Briefs High Courts

‘Not a sexual predator but a young person involved in consensual relationship’; Bombay HC grants bail to 22-year-old man accused of raping his 16-year-old girlfriend

“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”

Case Briefs High Courts

‘Legitimate personal account or homage’; P&H HC grants anticipatory bail to Manjinder Makha, author of book on Sidhu Moosewala’s murder

The book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it is not a case of intellectual property theft.

Case Briefs High Courts

‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; Delhi HC quashes FIR against husband and his family

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.

Case Briefs High Courts

Bombay HC grants bail to a 70-year-old man who alleged to have conspired for slitting girl’s throat as a human sacrifice

The witness stated that he has seen Applicant 2 at the incident spot, but the Court noted that his statement is recorded after three years.

Case Briefs High Courts

Punjab and Haryana HC directs State to take action against more than 4000 illegal constructions in DLF City, Gurugram

“It is amply clear that a powerful lobby of certain groups/land mafia, are ruining the very basic character of the developed colony in active connivance with the local administration.”

Case Briefs High Courts

Member of ‘Teli’ caste falls within purview of OBC category, regardless of religion: Rajasthan High Court

“Teli is a caste traditionally occupied in the pressing of oil in India, Nepal and Pakistan, and members of this caste may be either Hindu or Muslim, and Muslim-Teli are also called as Roshandaar or Teli Malik.”

Case Briefs Supreme Court

Compassionate appointment to be considered in “hand-to-mouth” cases where family struggles to pay basic expenses, if other conditions are satisfied: SC

“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”

Case Briefs High Courts

Migration ‘from Haryana to Rajasthan’ after Marriage does not affect migrant woman’s EWS eligibility: Rajasthan High Court

“The status of the petitioner of belonging to Economically Weaker Section (‘EWS’) category is not in dispute herein.”

Case Briefs High Courts

‘Emotional affection without physical relations does not constitute Adultery’; MP High Court upholds interim maintenance order

The Court clarified that under Section 125(4) CrPC, maintenance can only be denied if the wife is living in adultery, which requires proof of a sexual relationship.

Case Briefs High Courts

‘Entirely based on false foundation’; Bombay HC dismisses condonation of delay application by National Highway Division in arbitration appeal

“It is now trite law that State agencies cannot hide behind the conventional excuse of bureaucratic delays and inefficiency in the State’s capacity, to condone delays.”

Case Briefs Supreme Court

Cryptic orders while granting bail in money laundering cases without considering Section 45 PMLA mandate can’t be vindicated: SC

“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”

Case Briefs High Courts

Gauhati HC directs Principal Secretary, DGP to file affidavits detailing steps taken against illegal mining in Assam forests

“The Court is conscious of the fact that, ordinarily, Government officials holding top positions ought not to be called before this Court. However, if personal appearance is not ordered, it appears that no affidavits are being filed.”

Case Briefs Supreme Court

Courts having jurisdiction to grant bail/pre-arrest bail not expected to act as recovery agents: Supreme Court

High Court should have independently applied its mind and arrived at a conclusion as to whether a case for grant of bail, on settled parameters, had been made out or not.

Case Briefs High Courts

Female can have a surrogate child only after 23 years of age and before completing 50 years: Kerala HC clarifies Section 4(c) of Surrogacy Act

Similar restrictions are for male aged between 26 to 55. It is reasonable to presume that the legislature has imposed these age restrictions, considering the normal age that women conceive a biological child.

Case Briefs High Courts

Madras HC denies bail to Rahul Dinesh Surana, VP of Surana Power Ltd., alleged to have indulged in cheating of Banks and siphoning off public money

The petitioner did not comply with the twin conditions stipulated under Section 212(6) of the Companies Act, 2013 and there is every possibility for the evidence being tampered and the witnesses being influenced by him.

Case Briefs High Courts

No video conferencing for reconciliation in matrimonial disputes; Allowed only after settlement fails: Andhra Pradesh High Court reiterates

It is only after the efforts of reconciliation and settlement fails, the videoconferencing can be resorted on the joint application filed by the parties or the memorandum of consent by both the parties, husband and wife, for such videoconferencing, in the discretion of the Court, if the Court considers it appropriate.