Case Briefs

Punjab and Haryana High Court
Case BriefsHigh Courts

“The concept of right to life and personal liberty guaranteed under Article 21 of the Constitution of India includes the right to live with dignity and the petitioners by running away from their parental home is not only bringing bad name to the family but also is violating the right of the parents to live with dignity and honour.”

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Embargo on bail under MCOCA
Case BriefsSupreme Court

“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”

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vital facts in FIR
Case BriefsSupreme Court

“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”

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Allahabad High Court
Case BriefsHigh Courts

“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”

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Andhra Pradesh High Court
Case BriefsHigh Courts

Andhra Pradesh High Court quashed proceedings under Section 138 NI Act, ruling that the dishonor of a cheque issued on a State Bank of Hyderabad account, rendered invalid due to the bank’s merger with SBI and expiry of its validity in March 2018, does not attract liability under the NI Act.

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Orissa High Court
Case BriefsHigh Courts

The State Officials/police personnel have been directed to strictly follow the SOP formulated by the State Government on ‘Arrest of and Interaction with Members of Armed Forces in Police Stations’, and to circulate the same in Odia language to all the police stations and the police outposts of the State.

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Bombay High Court
Case BriefsHigh Courts

“Such inter se discrimination between resignation simplicitor (on health grounds) and resignation for joining another CPSE, even though a similar Scheme is not available, in fact is clearly discriminatory, and has no nexus with the object sought to be achieved.”

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Orissa High Court
Case BriefsHigh Courts

“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”

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Reliance Infratel Financial Creditors
Case BriefsSupreme Court

Noting that hypothecation means the process of using an asset as collateral for a loan. It acts as a protection to the lender when the borrower does not repay the loan, the Supreme Court highlighted that the name of the document is not a decisive factor. Only because the title of the document contains the word hypothecation, it cannot be concluded that guarantee is not a part of this document.

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