Case Briefs Archives | Page 30 of 914

‘Law never appreciates those wives who remain idle despite high qualifications; Orissa HC reduces quantum of maintenance

“The wife is a well-educated lady, but also she was previously working in some media houses, however, she has definite prospects to work and earn for her sustenance.”

Case Briefs High Courts

‘Police thoroughly followed the legal procedure’; Bombay HC upholds Trial Court’s view that informing grounds four minutes after arrest was not unreasonable

The Court reiterated that informing the arrestee about the grounds at the time of arrest and providing a written copy of the same within 24 hours of arrest was sufficient compliance of Article 22(1) of the Constitution.

Case Briefs Supreme Court

‘One-sided, partial and inimical investigation’; SC quashes S. 306 IPC proceedings, constitutes SIT for reinvestigating girl’s suicide after alleged boyfriend’s killing

“Was there anything more sinister? Even if it was suicide what was the real cause? Was the deceased girl distraught with what happened to her friend? Considering the under-currents and the disapproval of the relationship, was there any instigation for the suicide from any other quarter?”

Case Briefs High Courts

No discrimination between mental and physical illness: Jharkhand High Court directs reimbursement for psychiatric treatment

Section 21(4) of Mental Healthcare Act provides that every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is provided for physical illness.

Case Briefs High Courts

Bombay HC quashes case against Nestle India Ltd. for allegedly selling ‘sub-standard’ Maggie noodles

If the food/sample is tested in a laboratory which does not fall within the definition of Section 3(p) of the Food Safety and Standards Act, 2006 and is not recognized by the Food Authority, the analysis made in such laboratory cannot be relied upon.

Case Briefs High Courts

‘Forcing to file written statement during mediation will hamper entire mediation process’: Delhi HC excludes time spent in mediation for calculating limitation to file written statement

Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.

Case Briefs Supreme Court

SC acquits man in 12-year-old murder case upon finding glaring defects in recovery of weapons and preparation of seizure memos

“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”

Case Briefs High Courts

‘No locus of examiner to assail University result’; Gujarat HC rejects examiner’s plea alleging result manipulation by Pandit Deendayala Energy University

“The appellant being an evaluator/examiner, was required to keep his hands off once the evaluation sheet was submitted by him and was not required to indulge in any kind of head-on-collision with the University.”

Case Briefs High Courts

MP High Court grants bail to rape accused with condition to handover documents, electronic gadgets, social media access for investigation

The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.

Case Briefs Supreme Court

‘No service tax leviable on transactions between purchaser of lottery tickets and Sikkim Govt.’; SC dismisses appeals by Union of India

“There being no agency and no service rendered by the respondents-assessees herein as an agent to the Government of Sikkim, service tax is not leviable.”

Case Briefs High Courts

Impersonation for Padma Shri Award | Orissa HC directs Doctor & Journalist with same name to produce relevant materials to substantiate claims for recognition

The petitioner alleged that the respondent and him have the same name- Antaryami Mishra, and following the same, the respondent impersonated the petitioner and fraudulently secured the Padma Shri Award in 2023.

Case Briefs Supreme Court

‘Charges should be specific against family members for prosecution otherwise it may amount to misuse of criminal process’; SC quashes DV and Dowry case against two

“In the context of matrimonial disputes, emotions run high, and as such in the complaints filed alleging harassment or domestic violence, there may be a tendency to implicate other members of the family who do not come to the rescue of the complainant or remain mute spectators to any alleged incident of harassment, which in our view cannot by itself constitute a criminal act without there being specific acts attributed to them.”

Case Briefs High Courts

Proximity at workplace results in consensual relationships which on turning sour get reported as crimes; Delhi High Court grants bail

A perusal of Charge-sheet shows that the Applicant and the Complainant were in a relationship for more than one year. However, as per the Complainant eventually the attitude of Petitioner/Complainant changed, and he started ill-treating and blackmailing her.

Case Briefs High Courts

“Litigant and his lawyer have a basic obligation not to deceive/mislead the Court”; Rajasthan High Court imposes ₹ 50,000/- cost on counsel

“The distorted facts as stated before this Court not only prove to be an attempt to mislead the Court but also an attempt to waste precious time of the Court.”

Case Briefs High Courts

Chhattisgarh HC acquits husband accused of having unnatural sex with wife under S. 377 IPC leading to her death

“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”

Case Briefs High Courts

Non-Filing of Arbitral Award renders Section 34 petition ‘non-est’; Limitation continues: Delhi High Court

Mere procedural errors or defects, thus, would not render the filing of an application under Section 34 of the Arbitration and Conciliation Act to be treated as a non-est filing. Standalone defects cannot make an application filed under Section 34 of the A&C Act to be declared as non-est but only cumulatively.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Financial Creditors’ involvement in project monitoring does not absolve Corporate Debtors from repayment obligations: NCLAT

“Any dispute even pending in the arbitration does not in any manner prohibit the financial creditor to take remedy under Section 7 IBC.”

Case Briefs High Courts

Installing CCTV in residential space without co-trustee/occupant consent violates right to privacy: Calcutta High Court

The dignity, autonomy and identity of an individual shall be respected and cannot be violated in any condition. The right to privacy is also recognized as a fundamental right in the International Covenant on Civil and Political Rights. This right is fundamental to protect the inner sphere of the individual.

Case Briefs High Courts

‘Cost should be reasonable, not unbearable to litigant’; Gujarat HC reduces cost imposed on litigant denied right to file appeal due to non-payment of cost

“It is true that no case might have been made out for review, and thereby, the time of the Civil Court must have been consumed to decide such an application, but at the same time, the right available to the party cannot be taken away by the Court, as all concerned, including the Court, are governed by the law.”

Case Briefs Supreme Court

Supreme Court clarifies whether offence under S. 276CC of IT Act 1961 committed before show-cause notice is compoundable as ‘first offence’

The assessee’s case was that whether he had filed a belated return of income, after the expiry of the due date or not, was immaterial and the point in time when the offence under Section 276CC is committed is the date immediately following the due date for furnishing the return of income as prescribed under Section 139(1) of the Act.