Case Briefs Archives | Page 96 of 914

Supreme Court discharges man accused of criminal conspiracy for his cashier’s custodial death

Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.

Case Briefs High Courts

Patna HC dismisses candidates’ plea to appear for main examination for District Judge (Entry Level) due to incorrect questions in Preliminary Examination

The Court opined that it may not be proper to look at specific questions and the answers pointed out by the different petitioners and to re-evaluate each of them. Thus, the Court restrained from detailed examination of the objections raised, but for completeness, it dwelled upon specific contentions.

Case Briefs High Courts

Hindu deity can hold lands in Jagir only when cultivated by Shebait/Pujari and not by tenants: Rajasthan High Court

The Court set aside the SDO’s order, and subsequent appellate decisions and remanded back the case to the SDO for a fresh enquiry.

Case Briefs High Courts

‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case

“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”

Case Briefs High Courts

Punjab and Haryana HC grants bail to Indian Army Sepoy accused of leaking secret information to Pakistan

The Court noted that apart from one WhatsApp message, which was not incriminating, nothing else was found from the raid at the petitioner house. Still the petitioner has been behind bars for a substantial period of more than 2½ years.

Case Briefs High Courts

[Electro-Homeopathy] Delhi HC dismisses plea to analyze Krauss and Zimpel for recognition as alternative system of medicine

The Court stated that ‘Electro Homeopathy’ is not a recognized form of medicine, and its analysis does not fall within the jurisdictional purview of Homeopathic Pharmacopoeia Laboratory.

Case Briefs High Courts

Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC

Allahabad High Court opined that marriage between the appellant and respondent as per Hindu rites and customs in terms of Section 7 of the HMA 1955 itself is not proved and the Trial Court has gravely erred in not considering this aspect of the matter which was implicit in the issues framed by it.

Case Briefs High Courts

[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation

“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”

Case Briefs High Courts

‘Forcibly entry to school, death threats, scuffles with Police’, No preliminary enquiry needed for FIR against Student Leader for cognizable offence: MP High Court

The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.

Case Briefs High Courts

Delhi High Court dismisses Reliance’s petition against UIDAI; upholds impugned arbitral award in its entirety

The Delhi High Court said that the scope of interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 has now become heavily circumscribed.

Case Briefs High Courts

Entry in revenue records does not confer any title over the suit property: Tripura HC reiterates

The contention of appellants that they and their predecessor acquired the right of adverse possession over the suit land was not accepted by the Court in the absence of cogent evidence on record.

Case Briefs High Courts

Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare

In cases of dislocation of minors from a foreign country to India, whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country.

Case Briefs High Courts

Touching private part with penis amounts to aggravated penetrative sexual assault under POCSO Act; Meghalaya HC upholds man’s conviction for raping 4-yr-old girl

“When the testimony of the victim child inspires the confidence of the Court and is found to be reliable, there is no necessity to look for other corroborations.”

Case Briefs Supreme Court

Supreme Court directs BMW to pay Rs. 50 lakhs to consumer for defective vehicle

The Telangana High Court’s order quashing the cheating case against BMW was upheld and the direction for the replacement of the old defective vehicle with a new vehicle was set aside.

Case Briefs Supreme Court

[2021 Nagaland killings] Supreme Court issues notice to Defence Ministry in Nagaland’s plea to prosecute 30 Indian Army personnel

In 2022, the Supreme Court had stayed the criminal prosecution against the accused Army men, after noting that the sanction under AFSPA has not been obtained.

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Jindal India Limited for infringement of its “JINDAL” marks

In January and June 2024, the Jindal India Limited discovered that the defendant, Rawalwasia Steel Plant Private Limited, had adopted a similar trademark “HINDJAL HISAR” for galvanized and black steel tubes and pipes.

Justices S Ravindra Bhat and Satish Chandra

Case Briefs Supreme Court

Supreme Court forms Committee of Justices S Ravindra Bhat, Satish Chandra to auction assets of Company liable to refund Rs. 4,700 crores

The Committee shall identify the number of investors and database of investors, and also determine the amount to be refunded to each investor. An Escrow Account with a bank designated by SEBI, shall be opened and all sale proceeds shall be deposited in that interest-bearing account.

Case Briefs High Courts

Punjab and Haryana HC grants relief to Shehnaz Gill; holds agreement as prima facie unfair with one party having superior bargaining power

Freedom of contract must be founded upon equality and bargaining power between the contracting parties. The party having less bargaining power is left with little or no choice but to accept the unfair and unreasonable terms imposed upon it by the party with superior bargaining power.

Case Briefs High Courts

Delhi High Court refers matter to Arbitrator based on arbitration clause in invoices issued for payment

The Delhi High Court granted time to both parties to file written submissions on whether an arbitration clause in an invoice could constitute an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.

Case Briefs Supreme Court

Supreme Court upholds CIC’s power to frame Regulations pertaining to constitution of Benches, as such powers are within the RTI Act

“Administrative bodies must have the freedom to establish and implement internal procedures and regulations that best suit their unique mandates and operational needs”