Case Briefs Archives

‘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.”

Case Briefs High Courts

Delhi HC protects well-known trade mark ‘GOLD FLAKE’; restrains use of mark ‘GOLD FLAME’ in sale of cigarettes

“Substituting ‘K’ with ‘M’ to form ‘GOLD FLAME’ from ‘GOLD FLAKE’ does not make the competing Marks dissimilar. A consumer of average intelligence and imperfect recollection or not well-versed in English would be unable to distinguish between the competing products.”

Case Briefs High Courts

“DNA test cannot be ordered in routine manner”: Allahabad High Court rejects husband’s plea challenging child’s paternity

In the present case, wherein the wife gave birth to a daughter on 17-12-2012, it was alleged by the husband that she had last visited him on 20-5-2011.

Constable's appointment under Freedom Fighter quota

Case Briefs High Courts

‘Sympathy cannot substitute law’; Punjab & Haryana HC dismisses Constable’s plea who was wrongly appointed under Freedom Fighter quota for 9 years

If the petitioner is permitted to continue only on the sole ground that he has completed nine years’ service, it would legalize his illegal act. It would prompt many other candidates to play such tactics and get a job. It is a matter of chance that his illegality was unearthed.

Arbitral award to TCS over cancelled exam

Case Briefs High Courts

Bombay High Court upholds arbitral award granting Rs 5.37 crore to TCS over cancelled recruitment examination

“The UPLA Secretariat terminated the agreement with TCS in 2016, citing anomalies in another examination conducted by TCS for the Railway Recruitment Board.”

Case Briefs High Courts

Mandatory services & package rate display; No denial of emergency aid: Kerala HC upholds State Clinical Establishments Act

“The Act does not create new constraints; rather, it operationalises the constitutional duties through a registration-cum-standards regime, a transparency mandate, and enforceable minimum requirements for emergency care and stabilisation.”

Case Briefs High Courts

Advisory Board approval not required for extending detention period in light of SC’s Pesala Nookaraju, (2023) ruling: Jharkhand HC

“The ‘Law and Order’ problems typically affect only individuals or small groups, whereas ‘public order’ disruptions affect the community’s normal functioning.”

Case Briefs High Courts

Madras High Court: Naming of public departments falls solely within Government domain; Petition to rechristen Tamil Development Department dismissed

“The present is not a case warranting exercise of writ jurisdiction, as the cause espoused is purely an administrative act for the experts in the field to ponder on and this Court lacks expertise in this regard.”