Case Briefs Archives | Page 51 of 914

Calcutta High Court upholds maintenance for wife and daughter; Rejects claims challenging legal marriage despite pending appeal

It is the obligation and bounded duty of the husband to maintain his wife and children, if he has sufficient means and neglects or refuses to maintain them in case wife is unable to maintain herself and her child.

Case Briefs Supreme Court

SC directs all States to penalise officers responsible for delay in filling of appeals causing huge loss to Government exchequer

“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”

Case Briefs High Courts

‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission

No separate category is carved out as an exception to the normal Rules of remission provided under Section 432 ¹ of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.

Case Briefs High Courts

Does the right to default bail accrues upon the expiry of the statutory period if an investigation extension application is pending? Madras HC answers

“It is needless to say that the decision in the bail application would be dependent on the decision in the extension application”

Case Briefs High Courts

Delhi HC protects personality rights of renowned cardiac surgeon Dr Devi Shetty; temporarily restrains infringement of Narayana Health trade marks

It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.

Case Briefs High Courts

Delhi High Court grants bail to anti-CAA protest accused in money laundering case under PMLA and UAPA

Special statutes have stringent conditions for grant of bail but they should not become means to detain the accused without there being any possibility of concluding the trial, expeditiously. Merely charging an accused person under the provisions of these special statutes should not become a punishment in itself which violates Article 21.

Case Briefs High Courts

Thorough enquiry regarding monument’s antiquity and age required before declaring it as ‘ancient’: Gauhati HC

The Superintendent of Archaeology is empowered to undertake a thorough enquiry as to the antiquity of the monument to be protected and shall determine as accurately as possible the age of the monument on such evidence as may be available to him.

Case Briefs Supreme Court

‘Politically charged atmosphere not very conducive to fair investigation’; SC transfers FIRs against BJP’s Kabir Shankar Bose to CBI

Bose has been provided with ‘X’ category security since 10-04-2019 because of the perception of threat, both on account of his enmity with the TMC’s sitting MP Kalyan Banerjee due to matrimonial feud as well as his alliance with the party at the Centre (BJP).

Case Briefs High Courts

Kerala HC Directs Collector and Police to ensure safe pilgrimage to Sabarimala during Mandala-Makaravilakku Festival

Kerala High Court was reviewing the steps and action plans proposed by the Travancore Devaswom Board, the State Government, and the police to ensure the safety and security of pilgrims at Sabarimala.

Case Briefs Supreme Court

SC imposes Rs 50,000 cost on Central Govt. for challenging grant of LFP to a soldier’s widow

The Court said that Government should have been sympathetic to the widow of a deceased soldier who died in harness instead of dragging her to the Court.

Case Briefs Supreme Court

Supreme Court upholds protection from arrest for accused in Rs 6,000 Crore Ponzi Scam, Cites ED’s delay in responding to notice

Supreme Court observed that ED had ample time to file the counter affidavit.

Case Briefs High Courts

Swarn Rekha River Revival Project | MP High Court directs for synergy between State Government, Municipal Corporation & Counsels

The Court noted that the provisions regarding social audit under the Municipal Corporation Act, 1956, should be invoked cautiously to customize schemes effectively.

Case Briefs High Courts

‘Upon detecting fraud, bank has implied duty to exercise reasonable care and take prompt action’; Delhi HC directs SBI to compensate loss of Rs. 2.6 Lakhs incurred by cyber fraud victim

‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’

Case Briefs High Courts

Meghalaya High Court denies relief to 5th semester law student falling short on attendance to take exams citing mandate of law

“Rule 12 of the Rules of Legal Education, 2008 shows that for a student who fails to attend 70% of the classes held in any subject, the Dean or the Principal may allow the student to take the Test, if the student concerned attended at least 65% of the classes held in the subject concerned, and attended 70% of classes on all subjects taken together.”

Case Briefs High Courts

Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case

It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.

Case Briefs High Courts

Rajasthan High Court clubs multiple FIRs in financial mismanagement allegations against Creative Credit Cooperative Society

“Clubbing of the FIRs will reduce the financial drain on the state exchequer as well as cut down the administrative burden, especially given that all the cases arise out of same or similar cause.”

farmers protests X(twitter) accounts block

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Within precincts of RTI Act’; CIC upholds denial of information on blocking of X accounts covering farmer’s protests

The appellant sought information concerning blocking of social media accounts covering farmer’s protests and those critical of the government.

Case Briefs Supreme Court

Supreme Court stays Gujarat HC’s contempt proceedings against judicial officer

The husband of one of the Judicial Officers alleged that she along with another Judicial Officer and Public Prosecutor violated the guidelines laid down in the Arnesh Kumar case; and that he was illegally arrested from his residence at off hours, pursuant to matrimonial matter.

Supreme Court directives on public prosecutors

Case Briefs Supreme Court

Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials

“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”

Case Briefs Supreme Court

Presumption under Section 20 PCA does not require bribe amount to be ‘substantial’; Operates only when there is no nexus between demand and action: SC

“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”