Case Briefs Archives | Page 435 of 914

Does accused has right to demand production of documents withheld by investigator at framing of charge? Does S. 91 CrPC include witness statement? Bom HC decides

Bombay High Court: Sandeep K. Shinde, J., expressed that it is settled law that at the stage of framing the charge, the

Criminal Justice| ‘Practically difficult to achieve absolute consistency in sentencing’ but here’s what the Courts should do: SC

Supreme Court: Explaining the principles of sentencing policy, the 3-judge bench of NV Ramana, CJ and Surya Kant* and AS Bopanna, JJ

Case Briefs High Courts

Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape

Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no

Case Briefs Supreme Court

Explained| Is ‘motive’ an indispensable ingredient for proving the charge of attempt to murder?

“Unearthing ‘motive’ is akin to an exercise of manual brain-mapping. At times, it becomes herculean task to ascertain the traces of a ‘motive’.”

Case Briefs Supreme Court

‘Project Proponent not expected to anticipate changes in Environmental Clearance regimes’; SC protects already constructed buildings by Pune Developer

Supreme Court: In a case where a Project Proponent had adhered to the applicable legal framework for Environmental Clearance (EC) during the

Case Briefs Supreme Court

SC relief to death row convicts who killed 8 members of their brother’s family over property dispute; To serve LI for 30 years

“There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent.”

Case Briefs Supreme Court

‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent

Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract

Case Briefs Supreme Court

Explained| Article 14: Under-inclusive and over-inclusive classification

Supreme Court: The bench of Dr. DY Chandrachud* and AS Bopanna, JJ while upholding the constitutionality of the Scheme formulated by the

Case Briefs High Courts

‘Hang by neck till dead’: Bom HC confirms death sentence in a rarest of rare cases for committing rape and murder of a 3-years 9-months old child

Bombay High Court: A Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ. confirmed the death sentence awarded by the

Case Briefs Supreme Court

Here’s why Supreme Court upheld Tamil Nadu’s loan waiver Scheme for small and marginal farmers

The percentage distribution of the indebted agricultural households depicted the poverty that envelops the class of small and marginal farmers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Power’ of conducting IPL is vitally distinct from ‘Object’ of BCCI: ITAT explains substantive law, allows BCCI to continue registration under S. 12-A of Income Tax Act to avail tax exemption benefits

Income Tax Appellate Tribunal (ITAT), Mumbai: A two-Member Bench of Pramod Kumar (Vice President) and Ravish Sood (Judicial Member) allowed the Board

Case Briefs Supreme Court

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”

Case Briefs High Courts

J&K and Ladakh HC | “No Court should tune out terrorist activities”; HC refuses to interfere with preventive detention of man involved in Pulwama conspiracy

Jammu & Kashmir and Ladakh High Court: While dismissing the petition seeking release from preventive detention to the detenu involved in Pulwama

Case Briefs Supreme Court

Explained| Does Chennai City Tenants Protection Act, 1921 protects tenants who have sub-let or given the building to third parties?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has reiterated the position that the tenants would not be

Case Briefs District Court

What is the consequence of complainant’s failure to explain the occasion for issuance of cheque in his favour? How does it affect S. 138 NI Act complaint? Del Court answers

South-West, Dwarka, Delhi: Mridul Gupta, Metropolitan Magistrate –09, on noting a very weak case of the complainant and not being able to

Case Briefs Tribunals/Commissions/Regulatory Bodies

TRP Scam: CCI orders closure of information filed against BARC alleging contravention of Competition Act

Competition Commission of India (CCI): Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) refused to examine

Case Briefs High Courts

MP HC | Does physical relationship with a minor wife come within the category of rape?

Madhya Pradesh High Court: G.S. Ahluwalia J., rejected a bail application under Section 439 of CrPC. The appellant was arrested on 31-01-2021

Case Briefs High Courts

[Child Marriage] P&H HC | Marriage with a minor is valid if no attempt is made to declare it invalid once the child turns major

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that marriage with minor is valid

Case Briefs High Courts

Utt HC | Judicial order necessarily has to be a reasoned one; Court finds reasoning by the Single Judge cryptic, remands the case back

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Narayan Singh Dhanik, J. decided on a petition which was

Case Briefs High Courts

Bom HC | Is it possible to frame a charge against accused for abetment of suicide and in the alternative for committing murder? Law on framing of charge explained

Bombay High Court: Sandeep K. Shinde, J., explained as to when a charge in the alternative can be framed against an accused