Case Briefs Archives

Delhi High Court rejects challenge to ‘Family Unit’ Cap imposed by Delhi Race Club in Horse racing

“There is huge amount of betting on each of the horse races and therefore, a monopoly of any race by any owner/ ‘family unit’ would have the potential of rigging of horse races.”

Case Briefs High Courts

Pre-constitutional record decisive; Bombay High Court dismisses petition against Kunbi caste claim

“There was no reason for the Revenue Officer to give false opinion or fabricate a certified copy of the document, and hence the submission of fraud deserves to be rejected on this count alone.”

insurance policy with arbitration clause

Case Briefs High Courts

Delhi High Court rules on Binding Nature of Arbitration Clause in Insurance Policies Issued After 2023 IRDAI Circular

The respondent submitted that no arbitration clause existed in light of the IRDAI Circular dated 27-10-2023 and Gazette Notification dated 23-1-2024, which had de-notified and superseded arbitration clauses in fire insurance policies.

Case Briefs Supreme Court

Parity cannot be the sole ground for bail: Supreme Court emphasises Role Differentiation among Co-Accused

The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.

Case Briefs High Courts

‘Ombudsman not a toothless division’; Delhi High Court directs RBI to strengthen grievance system of banks

“Increased use of various instruments for undertaking monetary transactions, such as — credit cards, debit cards and digital payment platforms also raises the possibility of misuse and resultant frauds.”

Case Briefs High Courts

Circumstantial evidence sufficient to prove ‘untoward incident’ under Railways Act: Bombay HC grants compensation to deceased’s parents

“The Railways Act is a beneficial legislation, and even in criminal matters, circumstantial evidence is taken into consideration for deciding whether the offence was committed or not.”

Case Briefs High Courts

Family Court not helpless or powerless to ensure execution of its warrant, provided correct address is supplied: Calcutta High Court

The Division Bench refused to interfere with the single judge’s order.

Case Briefs High Courts

‘Tribunal’s order is not advisory or optional’: Rajasthan High Court calls out State for not complying with Industrial Tribunal’s order

“Their failure to implement the order coupled with their attempt to raise a belated, untenable, and legally unsound plea before this Court without first invoking any statutory remedy exhibits a contumacious disregard for the rule of law.”

Case Briefs High Courts

No DCGI approval required for import of body massagers or sex toys used for General Wellness: Delhi High Court

“Massagers …do not require any approval under the Medical Device Rules, 2017 as they are not being used for therapeutic or alleviation of disease.”

Case Briefs High Courts

Teachers’ transfers cannot be politicised; Orissa High Court quashes Government directive allowing MPs/MLAs to influence posting decisions

“Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular.”

Case Briefs High Courts

Read why Bombay HC held Investigating Agency cannot debit freeze bank accounts involved in cyber fraud under S. 106 BNSS

“The banks or other intermediaries are empowered only to place the disputed amount under lien and are not authorized to impose a debit freeze on accounts unless there is a specific order to that effect passed by a competent authority.”

termination of teachers over requisite qualification

Case Briefs Tribunals/Commissions/Regulatory Bodies

Wrongfully Terminated Teachers to get Rs 5 Lakh each as Delhi School Tribunal finds School ignored DSEAR 1973 Norms

“It is well-settled that the reinstatement should be the rule when the order of wrongful dismissal of termination of service was set aside, and the compensation should be an exception.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Important to consider whether nature of amendment made in a consumer complaint is necessary for adjudicating the controversy: NCDRC

In a case concerning a builder-buyer dispute, the complaints were filed in 2016-2017 and the amendment application was prepared on 17-12-2023 and was registered in 2024. The amendment application had essentially introduced averments regarding cash payments.

Case Briefs High Courts

Daily monetisation of persona amounts to infringement; Madras HC grants interim relief protecting Ilaiyaraaja’s Personality Rights

“Ilaiyaraaj’s identity, name, image, and work are being exploited deliberately disregarding the celebrity’s personality rights, on digital platforms, to gain traction and generate revenue without authorisation.”

Case Briefs High Courts

Jharkhand High Court directs DLSA to inspect jails for food quality provided to inmates

“So far as providing food to the inmates in the different jails is concerned, the Court directed the Chairman, DLSA to visit along with the Secretary on any non-working day to conduct a surprise inspection.”

ban on harming trees extended to entire MP

Case Briefs High Courts

“Photographs show dismal state of affairs regarding transplantation”: MP HC extends ban on harming trees to entire MP, seeks responses from State Authorities

The Court directed that no tree shall be cut, pruned or transplanted in any manner in Madhya Pradesh except with the prior permission of the Committee constituted by the NGT and the Tree Officer concerned till the next date of hearing.

Case Briefs Supreme Court

Supreme Court clears the air on which Court has the jurisdiction to try complaint under S. 138 NI Act in respect of account payee cheque

“For deciding jurisdiction, it is not sufficient to establish whether a person maintains an account in a particular bank. It is necessary to also ascertain the specific branch of the bank in which he maintains the account to completely and unambiguously decide the said question”.

Case Briefs High Courts

4-year-old hung from tree by teachers as corporal punishment: Chhattisgarh HC takes cognizance, seeks response from School Education Department

As per the report, two female teachers punished the child for allegedly not completing his homework. Though the child was reported to be safe, the parents raised questions over the incident.

Case Briefs High Courts

“Type-1 Diabetes cannot hinder Right to Education”: Madhya Pradesh HC directs diabetic State-Level Badminton player’s admission to B.P.Ed. Course

“The respondents’ refusal to provide minimal dietary flexibility or safe insulin storage, both of which petitioner volunteered to manage at his own cost, constitutes denial of reasonable accommodation and hence discrimination per se. Even otherwise, Type-1 diabetes is not a recognized disability; therefore, exclusion of the petitioner on this ground is arbitrary and discriminatory.”

Case Briefs High Courts

Obtaining passport a constitutional right; Foreign travel necessity proof cannot be demanded to grant NOC for renewal: J&K and Ladakh HC

“A criminal court, while considering an application for a grant of NOC for a passport renewal, should only advert itself to the question as to whether the accused, if allowed to travel abroad, would be available to face the trial and no other factor should influence the decision.”