Case Briefs Archives | Page 309 of 914

Right to Information| Chargesheets and final reports not equivalent to FIRs; can’t be published on State Websites for public access: Supreme Court

The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.

Case Briefs High Courts

Delhi High Court | Errors that are apparent on record can be subjected to review and not the ones required to be discovered through a process of legal reasoning/ arguments

Delhi High Court: In a review petition filed under Section 114 read with Section 151 of the Civil Procedure Code on behalf

Case Briefs High Courts

Madras High Court sets aside unsuitable conditions imposed by police for birthday celebration of LTTE leader Prabhakaran

Madras High Court held that the police has to permit the petitioner to conduct an oratory competition on the 68th Birth Anniversary of Prabakaran the leader of the banned outfit LTTE and set aside unsuitable conditions imposed by the police on the petitioner

Case Briefs High Courts

Kerala High Court | Court fee cannot be refunded after the suit decided on merits

Kerala High Court observed that when the suit is dismissed on finding that it is barred by law, the court fees cannot be refunded.

Case Briefs Supreme Court

Section 138 NI Act| Supreme Court sets aside Madras High Court’s reversal of acquittal in a cheque bouncing case

The Supreme Court observed that the scope of interference in an appeal against acquittal is limited and that the Madras High Court ‘could not have interfered with the finding of acquittal recorded by the learned Trial Court.

Case Briefs High Courts

Order rejecting Siddique Kappan’s discharge application is against law propounded by SC; Allahabad High Court remits the matter back to the Trial Court to decide afresh

If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court

Case Briefs High Courts

Individuals should not be permitted to snoop in neighbour’s affairs through CCTV; Kerala High Court directs Police to come up with guidelines related to CCTV installation

Addressing a petition for protection of privacy against neighbour's CCTV surveillance camera, Kerala High Court calls State Police Chief to bring appropriate guidelines for CCTV camera installation.

Case Briefs High Courts

Life and liberty of a person not on the shore of India, cannot be invoked when the individual himself is not in India; Gujarat High Court dismisses petition of foreigner to enter India

Gujarat High Court denied entry to an American Passport holder who has been convicted as a sex offender and held that petition filed by the petitioner's father on petitioner's behalf, invoking Articles 14 and 19 of the Constitution of India, is not maintainable because life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India

Case Briefs High Courts

[BCI circular] Kerala High Court directs college to consider 5-year LL.B. admission to Polytechnic/Diploma holder

Kerala High Court directed the law college Principal to consider petitioner's admission to 5-year LL.B. course, disqualified on the ground of academic qualification. The Bar Council of India recently updated qualification for admission to 5-year LL.B. course allowing students of 3-year Diploma/Polytechnic courses.

Case Briefs Supreme Court

Recognised institution’s employee can’t be terminated without prior approval of Director of Education; Supreme Court reiterates

Supreme Court said that prior approval of the Director of Education is mandatory as per Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, 1989, on termination after the disciplinary proceedings.

Case Briefs High Courts

Bombay High Court grants interim bail to former Chairman Videocon Group, Venugopal Dhoot for his arrest being in violation of Section 41, 41-A CrPC

Merely by mentioning in the arrest memo that the petitioner has been inconsistent in his statements before the Investigating Officer and has kept on changing his versions and as such, has not co-operated with the investigation in disclosing full and true facts, is not sufficient and the same cannot be a ground of arrest as it is unacceptable and contrary to the mandate of Section 41(1)(b)(i)&(ii) from (a) to (e) of the CrPC.

Case Briefs High Courts

Kerala High Court | If a party has taken steps considering the factor of subsidy, the Government cannot withdraw it retrospectively

Kerala High Court observed that concession or benefit of subsidy can be withdrawn prospectively and not retrospectively, by the Government.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC calls for action against dilapidated condition of a District Child Protection Office in Chennai

The National Human Rights Commission recently called State Human Rights Commission Tamil Nadu and other authorities to act upon the dilapidated condition of District Child Protection Office, Royapuram.

Case Briefs High Courts

Mandate of the Right to Information Act, 2005 is to promote free flow of information; Gujarat High Court directs Commissioner of Police to publish rules framed under Section 33 of Gujarat Police Act, 1951

The preamble of the RTI Act captures informed citizenry and promotes transparency in the functioning of the government, which makes petitioner entitled to know the procedure followed in the decision-making process of denying the permission to protest.

Case Briefs High Courts

Madras High Court sets aside conviction of a woman who set her minor daughter on fire for offence under Section 302 IPC; Commutes Life sentence to 10 years RI

Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment

Case Briefs Supreme Court

Supreme Court settles the dispute with respect to levy of interest and surcharge for belatedly filing Income Tax Return

Supreme Court noted that the ‘interest' only follows the ‘principal', therefore, the ‘principal' being the payable tax, resulted into no liability to pay the tax along with return. Consequently, held that there is no liability to pay interest if there was no liability to pay the tax.

Case Briefs High Courts

Calcutta High Court | Infertility cannot be a ground for divorce

Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.

Case Briefs High Courts

Make “Pathaan” accessible to visually and hearing impaired persons; Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie

The Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie “Pathaan” so that the movie could be made accessible to visually and hearing impaired persons.

Case Briefs High Courts

Allahabad High Court sets aside Ghazipur Sessions Judge order granting superior class to UP-ex MLA Mukhtar Ansari, in prison

Allahabad High Court said that Mukhtar Ansari is a known gangster, a dreaded criminal and bahubali and more than 50 criminal cases have been registered against him.

Case Briefs High Courts

Delhi High Court permits student to take exams who was debarred from school for non-payment of fees; Necessitates the balance between Rights of child and Rights of School

The rights of a child to education have to be balanced with the rights of the school under the DSER, 1973. If the petitioner is unable to pay the fees of the school, the petitioner certainly does not have a right to continue education in the school in question. However, the petitioner cannot be tormented in this manner in the middle of the academic session.