Case Briefs Archives | Page 60 of 914

Rajasthan High Court quashes Grievous Hurt charge against temple security in altercation at Eklingji Temple; allows trial for remaining offenses

“Whether or not allegations leveled by the complainant are false or not is a matter of trial and shall be decided by the competent trial Court upon filing of the charge sheet which is proposed as per the factual report.”

Case Briefs Supreme Court

SC upholds Kerala HC ruling on exclusion of overqualified candidates for Kerala Water Authority’s LDC Post; criticizes KPSC for inconsistent qualification

It is manifest that it is the KPSC, with its vacillating and dithering stance, that is largely responsible for this long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates

Case Briefs High Courts

Delhi High Court| Difficult employment decisions by employers do not constitute abetment u/Section 306 IPC in absence of mens rea

A person in a position of authority may make difficult decisions that, while harsh, are part of their professional responsibilities. Such actions cannot be deemed incitement or abetment under Section 306 of the IPC without the requisite mens rea indicating intent to cause harm.

Case Briefs High Courts

MP High Court refuses to quash MP Vivek Tankha’s defamation case against Union Minister Shivraj Singh Chouhan

“Indisputably, the public good is a question of fact. Good faith has also to be established as a fact. Ergo, to prove good faith so as to constitute offence of Section 499 of IPC, trial is necessary.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL denies condonation of delay in NDMC’s Appeal, finding delay due to administrative inefficiencies as insufficient cause

APTEL said that the sufficient cause to be shown by an applicant, for the delay to be condoned, would depend on the facts and circumstances of each case, it would not be justified to apply a uniform criterion to determine whether the cause shown is sufficient to condone the delay in filing the appeal.

Case Briefs High Courts

Using recorded telephonic conversation between wife and her mother as evidence violates right to privacy, thus not admissible as evidence: Himachal Pradesh HC

The right to hold a telephone conversation in the privacy of one’s home/office without interference can certainly be claimed as a “Right to Privacy.”

Case Briefs High Courts

‘Every nude painting is not obscene’; Bombay HC directs Custom Officials to release confiscated artworks of FN Souza and Akbar Padamsee

When the Assistant Commissioner of Customs purports to exercise public powers as a Customs official, his personal opinions or preferences must necessarily take a back seat and he cannot allow his personal opinions, however strong, to cloud his judgment.

Case Briefs Supreme Court

UP Madarsa Education Act valid with exception to provisions regulating higher education degrees: Supreme Court

A Division Bench of Allahabad High Court in March 2024, had declared the Madarsa Act to be unconstitutional for being violative of the principle of Secularism, Articles 14, 21 and 21-A of the Constitution and violative of Section 22 of UGC Act, 1956.

Case Briefs Supreme Court (Constitution/Larger Benches)

Not all private properties are ‘material resources of community’ under Art. 39(b) for state to equally distribute; Supreme Court rules in landmark 7:2 verdict

The 9-Judge Bench unanimously held that Article 31-C of the Constitution remains in force to the extent that it was upheld in Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.

Case Briefs High Courts

Delhi High Court grants injunctions to Zee Entertainment for copyright protection; Blocks unauthorized streaming of ‘Zee5’ Content

The anonymous websites (Defendants 1-60) have been systematically infringing on the intellectual property rights of the plaintiff through unauthorized content distribution. Operating under hidden or forged identities, these sites flagrantly disregard copyright laws, leveraging the internet’s anonymity to evade accountability.

Case Briefs Supreme Court

‘FIR not an encyclopedia, but can be used to corroborate or contradict informant’; SC upholds acquittal of 3 in 28-year-old murder case

“The prime object of FIR, from the point of view of the informant is to set the criminal law in motion and from the point of the investigating authorities is to obtain information about the alleged activity to enable them to take suitable steps to trace and book the guilty. FIR is an important document, though not a substantial piece of evidence, and may be put in evidence to support or contradict the evidence of its maker viz., the informant.”

Case Briefs High Courts

Prisoners are not slaves and must not endure inhumane treatment; Madras HC directs State to prevent unlawful employment for household tasks by prison officials

“It is the duty of the ‘State’ and the prison officials to treat all prisoners equally and make sure that steps for reformation are taken rather than imposing more and more punishments on them, thereby, promoting them to commit further crimes.”

Case Briefs High Courts

Fundamental right to privacy includes spousal privacy; Evidence obtained through violation is inadmissible: Madras High Court

“Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith and confidence in each other. Snooping on the other destroys the fabric of marital life. One cannot pry on the other.”

Case Briefs High Courts

Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused

From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.

Case Briefs High Courts

Calcutta HC asks Police to submit report on alleged communal violence during Durga Puja and Lakshmi Puja celebrations in West Bengal

The petitioner alleged that members of a particular religious community engaged in acts of violence while another community was peacefully observing the festivals. This violence reportedly occurred across multiple districts in West Bengal.

Case Briefs High Courts

Delhi High Court directs removal of News18 Video over alleged defamatory remarks by BJP spokesperson against Congress representative

The plaintiff is a national spokesperson of the INC and a dentist by profession, defendant 1 claims herself to be a national spokesperson of the BJP and defendant 2 is an Indian Media conglomerate ‘TV-18’.

Case Briefs High Courts

Rajasthan High Court puts end on resident doctors’ strike recognising impact on medical services in State

The Court urged the Resident Doctors to call-off their strike and request their fellow doctors to rejoin their duties and the same is accepted by the doctors representing JARD.

Case Briefs High Courts

Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode

The adoption of plaintiffs’ trade marks and plaintiffs’ artistic works in relation to the impugned goods by defendants is dishonest.

Case Briefs High Courts

Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife

Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.

Case Briefs High Courts

Madras High Court directs State to bar practice of Siddha Medicine by Tamil University Diploma holders

“It appears that 576 students have received the Diploma Course certificates from the Tamil University, during the Academic Year 2007-08. Though the certificates are said to have been issued with an endorsement ‘not for practice’ and an undertaking was also obtained by the University, in reality, it is not known as to how far it is being followed by the respective certificate holders.”