Case Briefs Archives | Page 290 of 914

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[District Police Constable Driver Recruitment] MAT| Clause prohibiting application for one and the same post in more than one unit in the advertisement notice not violative of Article 14, 16 and 19

The Tribunal observed that the act of filling in 2 applications for one and the same post in more than one Unit cannot be accepted to be an inadvertent or innocent act.

Case Briefs High Courts

Punjab and Haryana High Court grants anticipatory bail to Sukhbir Singh Badal in Kotkapura firing case

While disposing of the Sukhbir Singh Badal’s bail matter in Kotkapura firing case, Punjab and Haryana High Court refused to comment on the allegations against present political setup.

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court 5-Judge Bench considers the existence of Doctrine of Group of Companies in Indian jurisprudence vis-à-vis Arbitration Act

Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.

Case Briefs High Courts

“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days

In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.

Case Briefs High Courts

Issue of consent in sexual assault offences requires scrutiny; Delhi High Court upholds Trial Court’s Order of discharging a man accused of raping a married woman for 12 years

The Delhi High Court opined that the woman’s consent was implied and express and not coerced by deceit as she maintained the physical relationship with the man for 12 years and thus, the Court upheld Trial Court’s Order of discharging a man who was accused of raping her.

Case Briefs High Courts

Delhi High Court| State Government made efforts to rehabilitate jhuggi dwellers on paper, but the ground reality is far from desirable

Delhi High Court reiterated that the right to housing is a part and parcel of the right to livelihood, health, food, clean drinking water, sewerage and transport facilities, such facilities must be provided to individuals who will be relocated.

Case Briefs High Courts

Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation

Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.

Case Briefs High Courts

“Every ‘FILE’ carries a ‘LIFE’”; Tahsildar cannot decide question of Will in mutation proceeding: Madhya Pradesh High Court

Madhya Pradesh High Court held that all authorities while discharging public duties or performing judicial/quasi-judicial functions must be think about Justice and that every “FILE” carries a “LIFE”.

Case Briefs Supreme Court

Prosecution should explain the injuries on accused for a robust case, Supreme Court acquits man convicted in a 2006 murder case

While granting benefit of doubt to accused, the Supreme Court stated that “Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out.”

Case Briefs High Courts

Kerala High Court declares election of A. Raja, void

The Court found the records of family register conspicuous showing an attempt to fabricate evidence of professing Christianity by A. Raja, who was elected to a seat of Kerala Legislative Assembly reserved for members of Scheduled Caste in Kerala.

Case Briefs Supreme Court

“Death Sentence to be imposed only if no possibility of reform”; SC commutes death sentence to 20-years rigorous imprisonment in 7-year-old’s kidnapping-murder case

No mitigating circumstances of the petitioner were taken into account at any stage of the trial or the appellate process even though the petitioner was sentenced to capital punishment.

Case Briefs High Courts

Unauthorized occupants of dharmshalas and jhuggis be removed from the Kalkaji Mandir premises within 48 hours; Delhi High Court directs arrangements for Navratri

Delhi High Court directed the unauthorized occupants of dharmshalas and jhuggis to be removed from the Kalkaji Mandir premises by the SHO, Kalkaji within 48 hours and no further time shall be granted to any unauthorized occupant.

Case Briefs High Courts

‘PNG Regulatory Board may tear down statutorily constructed bubble of exclusivity’; Delhi High Court balances rights of consumers and PNG ‘authorised entities’

The Delhi High Court was of the view that the “regard had to be given to the fact that the said provision was not a penal provision or one which is designed to punish an Authorised Entity for having failed to achieve set out targets. It was fundamentally focussed upon the needs of a particular consumer who complains that the Authorised Entity in the particular Geographical Area was not ready to supply natural gas.”

Case Briefs Supreme Court

Abolition of Orissa Administrative Tribunal Constitutionally valid: Supreme Court

Supreme Court said that the object of the Administrative Tribunals Act is to reduce arrears and enable the provision of speedy justice to litigants. Abolishing a State Administrative Tribunal would not frustrate this objective because SATs are not the only method by which the object is capable of being achieved.

Case Briefs High Courts

Sessions Court or Children’s Court has not been vested with revisionary power under Juvenile Justice Act: J&K and Ladakh High Court

The Jammu and Kashmir and Ladakh High Court stated that revisionary power under Juvenile Justice Act vests only with the High Court

Case Briefs High Courts

Delhi High Court upholds life imprisonment of a man convicted for murdering his wife and for assaulting daughter

The Delhi High Court upheld the Trial Court’s decision of awarding life imprisonment to a man convicted for murdering his wife and assaulting his daughter.

Case Briefs High Courts

“Daughter’s wedding is an auspicious occasion, presence of bride’s father is most appropriate”; Kerala High Court grants parole to murder convict for attending daughter’s wedding

Kerala High Court was of the view that the opportunity to participate in the daughter’s wedding must ordinarily be treated as part of the liberty under Article 21 of Constitution of India.

Case Briefs High Courts

[‘Old Monk’ Trademark Dispute] Himachal Pradesh High Court grants ad-interim injunction in favour of Mohan Meakin Ltd

The use of the word MONK in most prominent manner shows dishonest intention on the part of the Defendant.

Case Briefs Supreme Court

Once rural area is declared to be urbanised under DMC Act, provisions of the DLR Act cease to apply: Supreme Court

Supreme Court said that the civil suit filed at the instance of the respondents for taking possession of the subject land is pending for the last 32 years and has not started its journey yet, this is called the travesty of injustice to a person who is indisputedly the title holder and still unable to enjoy the property.