Case Briefs Archives | Page 68 of 914

Disciplinary proceedings against Lakshadweep Judge

Supreme Court overturns Kerala HC’s order for disciplinary proceedings against Lakshadweep Judicial Officer, citing lack of consideration for key records in the case

Supreme Court said that the disciplinary proceedings against the Judicial Magistrate, have been initiated on the basis of a legally invalid order.

Case Briefs High Courts

Read why Allahabad HC commuted death sentences in Bulandshahr Gang-Rape case to life imprisonment of 25 years without remission

The Trial Court has not recorded any finding as to how the present case is ‘rarest of the rare case’ even though the accused has committed the gravest offence.

Case Briefs High Courts

Punjab and Haryana HC directs Panjab University to pay Rs 1 lakhs compensation to law student for failing him in semester exam by reducing marks on their own ‘whims and fancies’

Had it been a case that there was any law provision applicable to students for scaling down or reducing of the marks, then it would have been a different situation. However, in the absence of any authority of law, the exercise was conducted by the clerical staff on their own without any guidelines or any rules and regulations.

Case Briefs High Courts

MP High Court issues directions for Strict Compliance of CCTV Maintenance and Police Accountability

Despite the Court granting bail on 11-09-2024, the case was not immediately disposed of, as there were concerns regarding lapses in maintaining CCTV footage at the police station in Manasa, District-Neemuch.

Case Briefs High Courts

Kerala High Court refuses to quash case against priest accused of rape on pretext of marriage

Kerala High Court said that there was no undue delay in filing the FIR, as the relationship was predicated on the promise of marriage

Case Briefs High Courts

Bootlegging and illegal sale of liquor needs to be curbed with a heavy hand; Delhi High Court refuses to quash externment order

It cannot be ignored that bootlegging and illegal sale of liquor, contrary to the provisions of Delhi Excise Act is a big menace to society and needs to be curbed with a heavy hand.

Case Briefs High Courts

MP High Court quashes FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children

The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”

free certified copy final order paid certified copy

Case Briefs Supreme Court

Condonation of delay by NCLAT | Free & paid certified copy of final orders are on the same footing as per Rule 50 of NCLT Rules: SC

Entry 31 of Schedule of Fees prescribed by the NCLT Rules stipulates that the fee for obtaining true certified copies of final orders passed to parties other than the concerned parties under Rule 50 shall be Rs 5 per page. The stipulation of Rupees five per page in Entry 31 excludes “the concerned parties under Rule 50”.

Case Briefs Supreme Court

[Dispute over seniority rankings] Supreme Court rules on impact of retrospective government orders on engine factory promotions

“To alter a seniority list after such a long period would be totally unjust to the multitudes of employees who could get caught in the labyrinth of uncertainty for no fault of theirs and may suffer loss of their seniority rights retrospectively.”

Case Briefs High Courts

Bar Council of India cannot ostensibly pass any gag order which takes away an Advocate’s fundamental right: Karnataka HC

The Court further stated that power of the Courts either competent Civil Court or Constitutional Court cannot be permitted to be usurped by the Chairman of the Bar Council of India, as was done in the instant case.

Case Briefs High Courts

Delhi High Court dismisses writ petition by medical student against order by National Board of Examination in Medical Sciences for lack of jurisdiction

‘The essential, material, and integral cause of action had arisen beyond the territorial jurisdiction of the Court.’

Case Briefs High Courts

Making audio recording of conversation inside police station not an offence under S.3 of Official Secrets Act, 1923: Bombay HC

The contents of FIR do speak about insult or intimidation and thus, it is left open to the Court concerned to see whether charge needs to be framed under Section 120-B ¹ or Section 34 ² of the Penal Code, 1860.

Case Briefs High Courts

Delhi High Court directs Union to issue Police Clearance Certificate to Indian national despite pending criminal case

‘Mere pendency of criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad.’

Case Briefs High Courts

Calcutta High Court rejects stay on NCLT Kolkata relocation to Rajarhat: Advocates’ inconvenience not sufficient to halt policy decision

The petition was filed by NCLT Advocates Bar Association, Kolkata challenging the Ministry of Corporate Affairs’ decision to shift the National Company Law Tribunal (NCLT), Kolkata, from its current location at Esplanade Row (East) to a new facility in Rajarhat.

Case Briefs High Courts

Denial of arms license to Sportsperson solely based on family background violates Articles 14 and 19(1)(g): Rajasthan High Court

“The petitioner can neither be cursed for her father’s culpability nor can the State tether her with her father’s acts or crimes to continue all through her life, though she had no role to play.”

Case Briefs High Courts

Calcutta High Court orders post-mortem of minor rape victim at AIIMS under supervision of Judicial Magistrate

The BNSS empowers the Magistrate to oversee key investigation steps such as T.I. Parade, recording statements under Section 183, and supervising specimen signatures, handwriting, fingerprints, and voice samples under Section 349, thus, mirroring oversight throughout the investigation.

Case Briefs High Courts

‘Cutting one’s nose is a serious crime due to its physical, emotional and social implications’; Rajasthan High Court denies bail

“Nose is a crucial part of the human body with both functional and symbolic importance. It also holds social and cultural significance, being a prominent feature of the face that contributes to identity, appearance and self-esteem.”

Case Briefs High Courts

Madras High Court quashes criminal case against stunt choreographer Kanal Kannan over Periyar Statue remarks

“Display of provocative words commenting believers of God opposite to the Hindu Temple is the cause for the speech, and the person, who has provoked the speech cannot take advantage of their provocation and prosecute Kanal Kannan for his reaction.”

Case Briefs High Courts

Delhi HC directs Sir Ganga Ram Hospital to hand over frozen semen sample of deceased son to parents for Posthumous Reproduction

‘Sperm sample constitutes a ‘property’ or an ‘estate’ of an individual, as it can be used for the purposes of procreation, for providing fertility to an infertile person, or for donating to enable a woman to conceive.’

Case Briefs Supreme Court

Supreme Court strikes down Khalsa University (Repeal) Act for violating Article 14

“The Khalsa University (Repeal) Act 2017, was enacted with a purpose which was non-existent, would fall under the ambit of manifest arbitrariness and would therefore be violative of Article 14 of the Constitution.”