Case Briefs Archives | Page 4 of 914

Chhattisgarh High Court upholds victim’s right to privacy; Denies accused permission to examine her social media in Court

“If permission is granted to examine the Facebook or Instagram account of the prosecutrix and play the audio recording concerning the prosecutrix, then privacy of the prosecutrix may be compromised.”

Reasonable accommodation fundamental right

Case Briefs Supreme Court

“Reasonable accommodation is not a matter of charity but a fundamental right flowing from our Constitution”; SC directs admission of MBBS aspirant in PwBD quota at AIIMS

“The constitutional promise of equality is not merely formal but substantive, requiring the State to take affirmative measures to ensure that PwD and PwBD can meaningfully participate in all spheres of life, including professional education.”

Case Briefs High Courts

Swaran Rekha River Revival | M.P. High Court issues directions to invoke ‘Social Audit’ for Civic Accountability and Urban Governance

“Social Auditors ought to be the men of integrity, intelligence, common sense and must be passionate about the work they are assigned to. They must work without fear and favour and without ill-will”.

Case Briefs High Courts

Delhi HC grants Rs 8 lakhs compensation to a man whose leg was amputated in a 10-year-old railways accident case

“This Court has no hesitation in holding that the reasons given by the Railways Claim Tribunal in rejecting the claim are absolutely perverse. The plea that the injuries were suffered by the appellant/claimant due to his own criminal negligence is also not fathomable in law.”

Case Briefs High Courts

Bombay HC rejects anticipatory bail plea of Former MP Harinarayan Rajbhar for allegedly misusing Government’s emblem to issue appointment letters

The present case is not a case where only one person has been cheated as there are many more victims, who are cheated by the applicant and in every crime, the applicant used a different team.

Supreme Court High Courts reserved judgments

Case Briefs Supreme Court

Supreme Court directs all High Courts to submit reports on pending cases with reserved judgments as of 31-01-2025

“We request the Jharkhand State Legal Services Authority to take immediate necessary steps to provide legal assistance in terms of the decision taken by the Supreme Court Legal Services Committee and ensure that the convicts like the petitioners are not left remediless.”

Case Briefs High Courts

Right to Education | Rajasthan High Court grants permission for minor rape survivor’s admission to school under Article 21-A

“No child shall be liable to pay fees and charges that prevents him/her for pursuing elementary education. The Government and Local Authorities should ensure that every child completes his/her elementary education.”

Case Briefs Supreme Court

“Impugned order suffers from judicial caprice and arbitrariness”; Supreme Court sets aside Karnataka HC order quashing 498A IPC case against Husband

“Inconsistent decisions coming out from different benches shake public trust and reduce litigation to a punter’s game. It gives rise to various insidious sharp practices like forum shopping spoiling the clear stream of justice.”

Case Briefs High Courts

Court Fee must be paid on sale consideration when declaratory suit involves title based on agreement to sell: MP High Court

“Where the plaintiff attempts to under-value the plaint and reliefs, the Court has to intervene.”

Case Briefs High Courts

Bombay HC stays Rs 1.5 crore costs imposed on AAI over unpaid airport charges dispute with Irish Company, Aer Lingus Ltd.

“The officials of the applicant, i.e., the Airport Authority of India, may have been over cautious in protecting its interest and hence impleaded Respondent 1 which is the owner of the aircrafts”.

Case Briefs High Courts

Emotional/mental vulnerability due to depression, & other psychiatric problems to be considered in abetment of suicide cases; higher proof of instigation required: Delhi HC

“Every case of suicide does not amount to abetment and therefore, the Court has to see whether the conduct of the accused was such that a normal person, not merely a hypersensitive one, would have been driven to suicide.”

Case Briefs High Courts

Legislators can’t claim absolute bar of interference by Constitutional Courts; Criminal acts inside the House not immune from prosecution: Karnataka HC

“The legislature is not a sanctuary for defamation or gendered invective, rather an institution where robust debate must be tempered with decorum and respect”.

Case Briefs High Courts

“Why no action taken against anti-social elements who vandalised Dr. Ambedkar’s Statue”; MP High Court seeks explanation from Police Authorities

The State accepted notice and sought time to obtain instructions as to “why action has not been taken against the anti-social elements who have broken the statue of Dr. Ambedkar on the night of 10-02-2025.”

Case Briefs Supreme Court

Allegations of past harassment insufficient without proximate mens rea for abetment of suicide: Supreme Court quashes case against Husband’s in-laws

“The Court would not hesitate to exercise its extraordinary powers which are inherent to quash such proceedings when it comes to fore, and the court is satisfied that allowing the proceedings to continue would be an abuse of process of Court or that the ends of the justice require that the proceedings ought to be quashed.”

Case Briefs High Courts

‘Suspension from exams too harsh & disproportionate to alleged act of indiscipline’; Telangana HC directs NMIMS, Hyderabad to allow final year law student to sit for exams

The petitioner-student herein had allegedly exposed the incident of food poisoning that took place at NMIMS earlier this year.

Case Briefs Supreme Court

‘Penetrative act by one is sufficient to convict all in the gang if there is common intention’; SC upholds conviction in 21-years-old gang rape case

“Common intention is implicit in the charge of gang rape itself and all that is needed is evidence to show the existence of common intention”

Case Briefs High Courts

Delhi HC dismisses petition to quash FIR against man accused of repeated rape, unnatural sex, forcing abortion and threatening to circulate nude photographs and videos

“If the complaint lodged by the prosecutrix is truthful, instead of extending premium to a rapist and a molester by pushing the helpless rape victim into his matrimony, it would be the duty of the State to ensure her a dignified life by providing her food, shelter and clothing.”

Case Briefs Supreme Court

‘Not common for rustic persons to be aware of mental illness’; SC converts mother’s conviction from under S. 302 to S. 304 Part II IPC for killing two minor daughters

“It was inexplicable and incomprehensible how a mother who loved her children and who had a cordial relation with her husband could resort to such a violent act and be attributed with the “intention to cause death” of her beloved children, except for coming under some influence or forces beyond her control as claimed by her.”

Case Briefs High Courts

Bombay High Court directs State to consider separate registration facility for patients who will need organ transplant in future

When the health and life of the patient itself is rendered delicate and worrisome, any procedure for the basic requirement of registration needs to be of absolute ease and comfort.

Ss 34 47 and 58 Consumer Protection Act 2019

Case Briefs Supreme Court

Sections 34, 47 and 58 of Consumer Protection Act, 2019 neither violative of Art. 14 nor manifestly arbitrary: SC

“Central Consumer Protection Council and the Central Consumer Protection Authority shall in exercise of their statutory duties take such measures as may be necessary for survey, review and advise the government about such measures necessary for effective and efficient redressal and working of the statute”.