Case Briefs Archives

Delhi District Court restraints PERWA from misrepresenting subsisting Court Orders by falsely claiming no stay on society elections

“Reputation of a person/enitity in invaluable right, the breach of which cannot always be compensated in monetary terms.”

Case Briefs High Courts

Orissa High Court upholds Two-child norm disqualification; rules protective proviso inapplicable to Panchayat membership termination

“The proviso was introduced by way of amendment effective from 18-04-1994, whereas the appellant’s third child was born on 11-03-1993 and the fourth on 06-11-1994, thus, the case is one of Textbook for attracting the disqualification clause, the protective proviso remaining miles away.”

Case Briefs Supreme Court

Forged Arbitration Agreement Not Arbitrable: Supreme Court Clarifies Scope of Sections 8 & 11

“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”

Case Briefs High Courts

Bombay HC: 645-day delay in review petition not condonable; reasons such as counsel search, court’s vacation, and family wedding not ‘sufficient cause’

“The attempt was not made within the limitation period provided under the Limitation Act, but almost after 1 year from the date of the impugned judgment and much after the expiry of limitation period.”

Case Briefs High Courts

“Strikes at the very root of education system”: Allahabad HC directs action against teachers appointed through fake or forged documents

“The inaction on the part of the authorities not only perpetuates fraud, but also strikes at the very root of the education system, causing grave prejudice to the interest of students, which is of paramount and overriding consideration for this Court.”

Case Briefs High Courts

Delhi HC directs MCD to conduct survey of constructions near heritage properties to ensure compliance with sanctioned plans

The petitioners argued that in several cases, while approving the building plan, the MCD ignored the relevant building bye-laws as well as the advice tendered by the Heritage Conservation Committee.

Case Briefs High Courts

Allahabad HC directs Revision of Merit List in CLAT 2026; Upholds Expert View Recognising Two Answers for One Question

Since the first round of counselling had already been finalized, the Court directed that the students/candidates who had already taken admission pursuant to the first round of counselling shall not be disturbed, for further counselling, CLAT Consortium shall act on the revised/re-notified merit list.

Rajpal Yadav surrender in cheque bounce case

Case Briefs High Courts

Delhi HC directs Bollywood actor Rajpal Yadav to surrender in cheque bounce case; cites repeated settlement defaults

“This Court finds no justification to continue the indulgence granted to Rajpal Yadav earlier, especially in the case as the present one, where he himself has admitted the liability and undertaken to repay the amount.”

Case Briefs High Courts

Saying ‘go away and die’ in heat of passion not abetment of suicide under S. 306 IPC; Kerala HC discharges accused

“When the deceased came to know that the accused was about to marry another woman, she inquired about the same over the phone, and enraged by the query, the accused scolded the deceased and said, ‘go away and die’. The deceased feeling mentally disturbed, jumped into a well along with her daughter and committed suicide.”

Case Briefs High Courts

Fatal fall from train is an untoward incident, not self-inflicted injury: Bombay HC directs Railways to pay Rs 4 lakh compensation

“In matters governed by beneficial legislation, the benefit of doubt should go in the person’s favour who has met with the accident. Railways could have supported its case by examining the co-passenger or guard or by leading expert evidence to show that a person falling from a moving train could not get entangled in its wheels.”

Case Briefs Supreme Court

Supreme Court directs Mediation in long-standing property dispute between siblings; appoints Justice Sudhanshu Dhulia (Retd.) to oversee settlement

“This is a long drawn legal battle between brother and sisters. Although in the past the parties did try to reach to an amicable settlement, yet we are informed that the settlement failed.”

Case Briefs High Courts

DNA test of a child permissible in divorce proceeding on ground of adultery: Madhya Pradesh High Court

“In case where necessary pleadings are there and no declaration is sought regarding illegitimacy of the child and the issue only relates to adultery of the wife, then in appropriate cases, a DNA test can be ordered, if there are sufficient pleadings of non-access”.

Case Briefs High Courts

‘Court not required to conduct mini trial’: Allahabad High Court refuses relief to News 18 Journalists in IPS Amitabh Yash’s 2017 defamation case

In the case at hand, a news was telecast on News 18 Punjab/Haryana/Himachal Pradesh allegedly projecting IPS officer, Amitabh Yash, to be involved in earning illicit money from criminals.

Case Briefs High Courts

Adopted child entitled to caste status of adoptive parents when biological parents unknown: Bombay High Court

“When the process of adoption is completed, the adopted child becomes the legitimate child of the parents and all rights, privileges and responsibilities are bestowed on him which are attached to that relationship.”

Case Briefs High Courts

Allahabad High Court refuses to quash UP Gangsters Act case against Former MLA Irfan Solanki

An FIR was filed under the Gangsters Act against 5 persons, namely Irfan Solanki and four others, alleging that they were in a gang and committing crimes.

Case Briefs High Courts

Mere operation from separate shops located within same commercial complex does not make them benami entities: MP HC quashes Rs. 136 Crore Poppy Seeds Import Case

“To permit prosecution to proceed on the fragile footing of shared addresses and commercial proximity would amount to endorsing a standard of liability alien to criminal jurisprudence. Such an approach would not only be legally impermissible but would also have a chilling effect on legitimate business arrangements operating within shared commercial spaces.”

Case Briefs Supreme Court

NGT has power to determine proportionate environmental compensation based on project turnover: Supreme Court

The NGT is empowered to quantify environmental compensation on the basis of project cost or scale of operations in order to enforce the polluter pays principle where construction is carried out in violation of environmental laws.

Case Briefs High Courts

Allahabad HC refuses to quash proceedings under Section 69 BNS, holds allegations for sexual intercourse on false promise of marriage disclose prima facie offence

Section 69 of the Bharatiya Nyaya Sanhita, 2023 creates a distinct offence of sexual intercourse by deceitful means, including a false promise of marriage, and the allegations in the FIR disclose prima facie facts justifying continuation of the criminal proceedings.

Case Briefs High Courts

Delhi HC protects personality rights of Telugu actor Akira Nandan; halts release of AI film using his identity

Defendant 1 had created and circulated AI-morphed content of the plaintiff including a movie titled ‘AI Love Story’

Case Briefs High Courts

Debit freezing/attaching bank accounts without Magistrate’s order under Section 107 BNSS illegal: Delhi High Court

Blanket freezing of accounts of persons who are neither accused nor suspects is arbitrary, disproportionate and violative of Articles 19(1)(g) and 21 of the Constitution of India.