Case Briefs Archives | Page 128 of 914

‘Victim did not raise an alarm despite having opportunity to do so’; Jharkhand High Court set aside conviction and sentence of a man convicted u/s 366A, 376 of IPC

The Court opined that radiological age of the victim has been assessed to be eighteen years and from the tenor of her cross-examination, it is apparent that she has wilfully left the house of her father and accompanied appellant to various places.

Case Briefs Supreme Court

SC Clarifies: Order reserving seats for women members in SCBA is an experimental pilot project

In the previous order, Supreme Court directed for reserving some of the posts in the Executive Committee of SCBA for women members of the Bar.

Case Briefs High Courts

‘Cryptocurrency not ‘money’ under PCMCS Act’; Orissa High Court grants bail in cryptocurrency ponzi scheme case

“Mere dealing in cryptocurrency cannot be treated as illegal.

Case Briefs High Courts

Ban on liquor sale will only apply to polling areas in Raigad District; Bombay HC modifies Collector’s order of ban on entire Raigad District

Section 142 of the Maharashtra Prohibition Act, 1949 empowers the Collector to close a place where any intoxicant is sold but, the exercise of such power ought to be guided by Section 135-C of the Representation of the People Act, 1951.

Case Briefs High Courts

Wife attending midnight calls from unknown numbers despite husband’s objections; Not abetment to suicide as defined in S.107, IPC: J&K and Ladakh HC

The Court opined that this was a clear case where based on evidence collected by the Investigating Officer, respondent may, be held responsible for the deceased’s suicide, yet it cannot be said that the suicide committed by the deceased was abetted by the respondent.

Case Briefs High Courts

Allahabad High Court quashes criminal proceeding against wife accused of Bigamy due to lack of ingredients to constitute S. 494 IPC offence

“The Court set aside the impugned summoning order and the criminal proceedings against the wife under Section 494 IPC. However, the Court did not quash the criminal proceedings initiated against the wife under Sections 504, 506 IPC.”

Case Briefs High Courts

Grounds of detention incapable of being intelligently understood, can be termed as vague: J&K and Ladakh HC reiterates

“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.

Case Briefs High Courts

Court can exercise extraordinary jurisdiction on clear election irregularities; Bombay High Court rejects disqualified Voters’ Ballot

The committee of the Society has to remove, from the register of its members, names of persons who stand disqualified under the provisions of the Maharashtra Co-operative Societies Act, 1960

Leave to Remain Art. 8 European Convention on Human Rights UK SC

Case Briefs Foreign Courts

When does refusal to grant Leave to Remain to an individual, who can’t be removed to their country of nationality, violate Art. 8 of ECHR? UK SC answers

In the instant case, the Court noted that the respondent’s own conduct thwarting the attempts by the Home Secretary to remove him to Belarus should be considered as a highly material factor for the purposes of the relevant proportionality analysis under Art. 8 of ECHR.

Case Briefs High Courts

No disciplinary action required for temporary employee’s termination due to unsatisfactory performance: MP High Court

Madhya Pradesh High Court stated that the petitioner, being an educational institution, is governed by specific laws and regulations concerning service conditions, which was not adequately considered by the Labour Court.

Belated claims of Homebuyers in Jaypee Infratech

Case Briefs Supreme Court

Jaypee Infratech Resolution Plan and belated claims of Homebuyers: SC issues notice to Jaypee Infratech Ltd.

“The issue of notice will not come in the way of execution or implementation of the resolution plan and the allotment of the unit to the appellant, if made, will be subject to the outcome of the present appeal.”

Case Briefs High Courts

No bar on permanent parole under Rule 14(c) of Rajasthan Parole Rules for overstaying temporary parole: Rajasthan High Court

Rajasthan High Court held that the present case falls under the category of cases of non-application of mind by the competent authority while rejecting the application for permanent parole.

Case Briefs High Courts

‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment

“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”

Case Briefs High Courts

Allahabad High Court dismisses PIL urging Govt. to publish Justice Rohini Commission report on OBC sub-categorization

“The commission formed under Article 340 of the Constitution which was headed by G. Rohini, former Chief Justice of Delhi High Court, to examine the issue of sub-categorization of Other Backward Classes. It proposed a four-category formula for the equitable redistribution of the 27% quota for Other Backward Classes.”

Centre to make necessary changes to S. 498-A

Case Briefs Supreme Court

‘S. 498-A IPC cannot be applied mechanically’; SC asks Centre to make necessary changes upon considering pragmatic realities

“The Police cannot be utilised for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends and in all cases, where wife complains of harassment or ill-treatment, Section 498-A of the IPC cannot be applied mechanically.”

Case Briefs High Courts

Unnatural sex by husband with wife not offence under Section 377 IPC: MP High Court

Madhya Pradesh High Court held that under Section 375 of IPC any sexual intercourse or sexual act by the husband with his wife not below the age of fifteen years is not a rape, therefore, absence of consent of wife for unnatural act loses its importance.

Case Briefs High Courts

Delhi HC denies parole to a convicted terrorist; Permits one time video call to see and talk to his parents

The Court opined that it is faced with a situation where it has to balance the interest of the State and the Country on the one hand, and the longing of an accused to see his parents, who are unable to travel to Delhi.

Case Briefs High Courts

‘Roads are carrying beyond their capacity’; Madras HC directs for regulating entry of vehicles visiting Nilgiris and Dindigul Districts by granting e-pass

“The roads are carrying beyond their capacity. It can also be seen that all these routes are meddling/interfering with the elephant corridors. And In view of traffic jams, vehicles are stranded in the roads cutting across forests, the animals are worst affected. It causes irreparable damage to the environment.”

Case Briefs High Courts

[Childbirth after sterilization] Orissa HC orders Rs. 30K compensation to woman who delivered child after sterilization, considering economic status

The petitioner underwent sterilization when State promoted the Green Card Scheme, whereby, having two-children or fewer was promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children.

Case Briefs High Courts

Read why Allahabad High Court denied bail to MLA Abbas Ansari

“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”