Case Briefs Archives | Page 35 of 914

‘Audi alteram partem cannot be used to cure self-suffered wound’; P&H HC refuses relief to electricity firm that overcharged residents

The Court held that the petitioner approached the Court raising hue and cry about the violation of the principle of natural justice with an oblique motive to create a defence at the appellate stage, immediately after the culmination of the proceedings before the Consumer Forum.

Case Briefs High Courts

‘Immunity granted under S.35 of Maharashtra Village Panchayats Act, 1959 is for post and not person’; Bombay HC sets aside notice of no confidence motion against woman sarpanch

The Sarpanch is a post conferred upon a person and therefore, the term ‘Sarpanch’ as well as the post of Sarpanch cannot be distinguished as both have identical meanings in common parlance.

Case Briefs High Courts

‘Casual approach unmindful of law of limitation’; Delhi HC denies condonation of delay to Railways in appeal against compensation of Rs 6 Lakhs

“Consideration to condone can be made only if there is a reasonable explanation and the condonation cannot be merely because the appellant is a Government body where procedural and bureaucratic delays are well known.”

Case Briefs High Courts

‘No difference if law graduate candidate not enrolled’; Chhattisgarh HC allows candidates without Bar Enrollment to appear in Civil Judge Exam

“In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected.”

Case Briefs Supreme Court

Read why SC held that State Government can levy royalty on production and disposal of brick earth being a minor mineral

On 01-06-1958, the Government of India published a notification in the exercise of powers conferred under Section 3(e) of the Mines and Mineral (Regulations and Development) Act, 1957 by which brick earth was declared a minor mineral within the meaning of the 1957 Act.

Case Briefs High Courts

Delhi High Court rejects anticipatory bail to wife accused of inflicting severe burns on husband with boiling water and red chilli powder

Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships.

election dispute caste of returned candidate

Case Briefs Supreme Court

SC stays proceedings before Karnataka HC deciding HC’s jurisdiction to decide election dispute questioning caste of a returned candidate

The matter revolved around the respondent questioning the petitioner’s election to Jagaluru Vidhan Sabha Constituency contending that the petitioner did not belong to Scheduled Tribe but belonged to the Other Backward Community.

Case Briefs High Courts

Delhi HC grants bail to four co-owners of coaching centre basement in flooding case leading to death of three civil services aspirants

The Court directed the applicants (‘accused persons’) to make their voluntary donation of Rs. 5 lakhs with Delhi State Legal Services Authority (‘DSLSA’), within two weeks, towards the welfare of the families of the deceased. The member secretary, DSLSA, shall then consider the claims from the families of deceased and issue direction for disbursal of the said amount after due consideration.

Case Briefs High Courts

‘Principles of natural justice thrown to the winds’; Bombay HC stays license suspension order of female advocate for alleged misconduct

A party to the proceedings being not informed of the jurisdictional authority which decides the complaint itself is fatal to all norms of fairness.

Case Briefs High Courts

‘Merely smoking is no ground to conclude that victim is of deviant character’; Kerala HC upholds conviction u/s 377 IPC

“Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable.”

Case Briefs Supreme Court

‘Acts of accused were too remote and indirect to constitute offence under S. 306 IPC’; SC quashes proceedings against mother accused of abetting suicide of son’s girlfriend

“A remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC.”

Case Briefs High Courts

Bombay HC grants bail to IIM graduate for drunk driving; directs community service holding a ‘Don’t Drink and Drive’ banner

The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.

Case Briefs High Courts

Rule 11(1)(v) of Rajasthan Parole Rules recognises wife’s impending delivery as valid ground for emergent parole: Rajasthan High Court

“Without any justified reason, the application filed by the petitioner has not been decided by the District Magistrate/ District Committee. Aforesaid act of the authorities is not in consonance with the mandatory provisions contained under Rule 23 of the Rule of 2021.”

Case Briefs High Courts

Punjab and Haryana HC denies relief under Section 21 of Extradition Act to alleged gangster Sukhpreet Budha

The Court held that he was not aided by Section 21 since he was not extradited by the Union of India from Armenia but instead came of his own volition.

Case Briefs Supreme Court

Explained | Supreme Court’s split verdict on AIMIM member Tahir Hussain’s interim bail plea to contest Delhi Assembly Elections

Tahir Hussain, who was formerly a member of Aam Aadmi Party, has been in custody in connection with 2020 Delhi Riots cases, murder and offences under PMLA.

Case Briefs High Courts

‘No other evidence except victim’s bare words’; Bombay HC acquits father for allegedly having sexual intercourse with daughter

“It was suggested that the victim girl lodged a false report against her father because the father did not give green signal to her marriage with the boy to whom she wanted to marry.”

Case Briefs High Courts

Bombay HC rejects plea to stay release of film “Sky Force” in copyright infringement case against script titled “Fire Bird”

The proceedings in the present case are not only delayed but can be treated as litigation strategy on applicant’s part to claim urgent circulation and to seek ad-interim reliefs at the eleventh hour when the film is about to be released.

Case Briefs Supreme Court

‘Litigant cannot claim negative discrimination seeking direction to department to act in violation of statutory Rules’; SC rejects retired peon’s plea for promotion to Tracer post

The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.

Case Briefs High Courts

Consent to engage in physical relations does not extend to misuse of a person’s private moments in an inappropriate manner: Delhi High Court

The assertion made in the bail application that the complainant, “being a married woman, was mature and intelligent enough to understand the significance and consequences of her actions” is a specious argument that cannot absolve the accused of the allegations levelled against him.

Case Briefs Supreme Court

SC 5-Judge Bench to decide if writ under Art. 226 would be maintainable against an order passed by Micro and Small Enterprises Facilitation Council

The Court took note of the conflicting Division Bench decisions regarding whether a writ petition could be entertained against any order/award of the MSEFC, and whether there is complete prohibition on maintainability of the writ petition before the High Court.