Case Briefs Archives

‘State destroying entire vegetation’; Madhya Pradesh HC bars cutting, pruning, or shifting of any tree in Bhopal in Illegal Tree Felling Case

“Clearly, it appears that respondents are not interested in protecting or transplanting any tree but are, in a rampant manner, cutting and destroying the entire vegetation that is coming in the way of alleged development.”

Case Briefs High Courts

No roving enquiry required: Madras High Court holds Muslim-born woman’s divorce plea maintainable under Hindu Marriage Act

“There was absolutely no necessity for the Court to conduct any roving enquiry in such circumstances, merely because the wife’s name continues to be her original Muslim name.”

Case Briefs Supreme Court

Supreme Court directs Centre to prepare Sustainable Mining Plan for Aravali Range; no new mining leases to be granted until plan is finalized

Aravali Hills and Ranges is an area comprising significant biodiversity. The Range also act as a green barrier thereby preventing desertification in the Indo-Gangetic plains, Haryana, and western Uttar Pradesh.

ECI's order de-listing political parties stayed

Case Briefs High Courts

Kerala High Court stays ECI’s order de-listing political parties in the State

The petitioners contended that its members had contested in the last election to the local bodies, indicating that the petitioners are active within the State.

Case Briefs Supreme Court

“Investigation cannot continue endlessly”: Supreme Court issues directions

“The accused cannot be made to suffer endlessly with this threat of continuing investigation and eventual trial proceedings bearing over their everyday existence.”

Case Briefs High Courts

‘Hearing accused public servant before directing investigation mandatory under Sec. 20 of Lokpal Act’: Delhi HC

“The language employed in Section 20(3) of the Lokpal Act is peremptory and admits of no discretion. The legislative intent is that the prima facie satisfaction necessary for directing an investigation under the Act must be reached only after considering the explanation of the concerned public servant.”

Case Briefs High Courts

Education cannot be reduced to profit-making: Madras High Court bars deemed university from imposing break fee, Orders refund with interest

“Education must not be perceived merely as a commercial venture undertaken for profit. It is, and must remain, a noble service to society that carries with it a profound moral and constitutional responsibility.”

Case Briefs High Courts

Allahabad High Court denies relief to an accused in Bareilly Violence Case

Violence erupted when a Maulana allegedly called upon members of a particular community to assemble at the Islamiya Inter College, and the crowd went awry.

Case Briefs High Courts

‘Offence was not pre-meditated’; Allahabad HC commutes death sentence to life imprisonment of man who raped and killed his 5-month-old cousin

The Court reiterated that though in a rape and murder case based on circumstantial evidence, the death penalty can be awarded in the ‘rarest of rare’, normally imprisonment for life without any remission may be awarded, unless a death sentence is inevitable.

Case Briefs Supreme Court

Discharge of Governor & President’s functions under Arts 200/201 not justiciable; Not appropriate to judicially prescribe timelines: Supreme Court

The Court clarified that while the Governor continues to enjoy personal immunity, the constitutional office of the Governor is subject to the jurisdiction of the Supreme Court.

Hospital's failure to inform police about road accident

Case Briefs High Courts

Can a Hospital’s failure to notify police about road accident affect compensation claim? Karnataka High Court answers

In the case at hand, a couple on a motorcycle was hit by another motorcycle driven in a negligent manner, and their compensation claim was denied.

Case Briefs High Courts

Rehab centre residents cannot be denied voting rights unless declared of unsound mind by competent Court: Kerala HC

“Without any documentary evidence, the voters could not be declared as persons of unsound mind, and if such declaration was made even without hearing them, that will not only be an injustice but also an insult to those persons.”

Case Briefs Supreme Court

Supreme Court quashes Tribunals Reforms Act, 2021 provisions on appointment, tenure; directs Centre to establish National Tribunals Commission

It is indeed unfortunate that instead of giving effect to the well-established principles regarding independence and functioning of tribunals, the legislature has chosen to re-enact or re-introduce provisions that reopen the same constitutional debates under different enactments and rules.

Case Briefs High Courts

“Repeatedly facing difficulty with such cases”; Allahabad HC imposes Rs 5,000 Cost on Party in Person for filing defective Writ Petition, refusing Amicus Curaie services

“Court cannot help such writ petitioner appearing in person on basis of defective writ petition, making prayers contrary to law.”

bar on travel abroad due to pending disciplinary proceedings

Case Briefs High Courts

Withholding Govt. Employee’s NOC for passport due to pending disciplinary proceedings violates fundamental right to liberty: Orissa High Court

“There is nothing in the Passport Act which even remotely suggests that pendency of disciplinary or vigilance proceedings would stand as an absolute bar for grant of passport.”

Case Briefs High Courts

Academic activities cannot be compromised over political aspirations: Punjab and Haryana High Court directs for expediting Punjab University Senate elections

“This Court reminds the students that their admission to the University by their parents is fundamentally for the purpose of receiving education and thus the prime focus of all students should remain acquisition of knowledge.”

man lost both legs in train accident due to overcrowding

Case Briefs High Courts

“Railways must equally protect lives of passengers in general class and higher classes”: MP HC grants relief to man who lost both legs in train accident due to overcrowding

“The value of human life does not vary with the category of ticket purchased. Every passenger, irrespective of class, is entitled to the same standard of safety, care, and vigilance from the Railways.”

Case Briefs High Courts

‘Liberty granted through bail remains illusory as he is still languishing in jail’; Kerala HC permits consolidated bail bonds for accused in CSR Funds Scam

“The liberty granted to the accused through bail orders remained illusory as he continued to languish in jail, and the separate bail bonds liable to be executed by the sureties required them to travel to various Magistrate Courts all over the State.”

Case Briefs High Courts

Petitions under Surrogacy Act must be treated with ‘sensitivity, responsibility, and compassion’, not as routine applications: Madras High Court

“Petitions filed under the Surrogacy Act must not be treated as routine applications, as they concern one of the deepest aspirations of human life, the desire of childless couples to have a child.”

Conversion of arrest warrants in bailable warrant

Case Briefs High Courts

Rajasthan High Court: Can arrest warrants be converted into bailable warrants in economic/heinous offences? Larger Bench to decide

“Judicial decorum and legal propriety mandates that where a Single Bench or Division Bench does not agree with the decision of the Bench of co-ordinate jurisdiction, the matter should be referred to a Larger Bench.”