Case Briefs

Punjab Kesari Hotel's plea against demolition
Case BriefsHigh Courts

“Section 269 of the Punjab Municipal Corporation Act, 1976 makes it abundantly clear that the appeal lies against orders to the Court of District Judge of the city where the premises are situated, within the period specified in the order for demolition of the erection and the petitioner instead of approaching the Court of District Judge has filed the present petition.”

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Scandalous allegations against Judges
Case BriefsHigh Courts

“Instead of expressing regret or tendering an apology, he persisted with such allegations and even called upon the Court to tender an apology.”

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Section 2(e) of Payment of Gratuity Act
Case BriefsSupreme Court

“The employees fall within the exclusionary clause of Section 2(e) of the PG Act. The result of such exclusion is that Sections 5 and 14 are not attracted in deciding on the applicability of the PG Act to the employees of HWP”

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suspicion cannot substitute legal proof
Case BriefsHigh Courts

The appeal claims the Trial Court wrongly convicted the appellant because the evidence was weak and misapplied. No selection committee members testified, no forged documents were recovered, and no witness confirmed that the appellant misused his position for promotions.

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Section 151 CPC applies to clerical error
Case BriefsHigh Courts

“Clerical mistakes are those that occur in the course of typing or writing, while arithmetical mistakes are those that occur during calculation. As to accidental slip or omission, the decisive test is whether it is apparent from the record that the Court intended to do something but failed to do so owing to an accidental or inadvertent omission.”

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GREF Oversees services falls under Armed Forces
Case BriefsHigh Courts

“The instant case cannot be termed as a ‘simple accident’ as is understood in common parlance, however, it definitely falls within the definition of ‘accident’ under Rule 3 (1) (ii) of the EOP Rules, which covers within its ambit a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.”

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MS Dhoni IPL betting
Case BriefsHigh Courts

“In normal circumstances and in a suit filed by the plaintiff, it is the plaintiff who has to do the above work and file the documents along with his plaint.”

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Additional Subject facility for private candidates
Case BriefsHigh Courts

“The petitioners acted in accordance with the existing Bye Laws and the consistent past practice of CBSE and, therefore, had a legitimate expectation that after passing Class XII examination on 13.05.2025 the right to appear as private candidates for the Additional Subject examination, would be available.”

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Remuneration to junior resident doctor counts as salary
Case BriefsHigh Courts

“The fact that the remuneration was reflected in the pay slips as ‘gross salary’, subjected to statutory tax deductions and reported through Form-16, fortifies the conclusion that the payment was compensatory in nature and not a scholarship granted solely to defray educational expenses.”

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ex-gratia benefits Covid-19
Case BriefsHigh Courts

“In such trying times when the employee contracted Covid, to expect him to be admitted only in a government hospital for claiming an entitlement, is arbitrary and unjust.”

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Section 29-A of Arbitration and Conciliation
Case BriefsSupreme Court

“The impugned interim order has been passed by the High Court on a misinterpretation of the ratio of the decision of this Court in Mohan Lal Fatehpuria (supra).”

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resignation on medical grounds
Case BriefsHigh Courts

“The resignation of an employee entails forfeiture of service, and a clear distinction can be drawn between resignation and voluntary retirement, as both are disparate in terms of their operation and consequence, and therefore unlikely to hold an equivalent character.”

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order passed without hearing
Case BriefsHigh Courts

In the case at hand, it was alleged that the date of personal hearing and the date of filing a reply are the same.

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baba siddiqui murder case
Case BriefsHigh Courts

“For the embargo under Section 21(4) of the MCOCA, regarding the possibility of the applicant committing an offence while on bail, the Court noted the applicant’s absence of antecedents, his young age, and the limited nature of the alleged contact with a co-accused, and found it unlikely that he would commit any offence.”

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POCSO convict life term commuted
Case BriefsHigh Courts

“The accused was only 20 years of age at the time when the offence took place, as reflected in the FIR, and was not released on bail even during Covid-19.”

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Carry forward of losses
Case BriefsTribunals/Commissions/Regulatory Bodies

The assessee’s submitted that the authorities wrongly disallowed the carry forward of losses only because the return was filed late on 1-11-2019 at 00:00:37, and therefore not treated as a valid return under Section 139(1) of the Income Tax Act, 1961.

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Mother's Right to Education
Case BriefsHigh Courts

“The right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of ‘custody principles’ must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof.”

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Abortion rights unmarried women
Case BriefsHigh Courts

“The woman is in unique and often difficult circumstances with respect to her physical, mental, social, or financial state, and all the different categories of women seek an abortion after twenty weeks either due to delay in recognizing the pregnancy or because of some other change in their environment.”

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Section 141 NI Act
Case BriefsHigh Courts

“Mere bald cursory statement in a Complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the Company without anything more as to the role of the Director, is not sufficient.”

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unlawful tree felling
Case BriefsHigh Courts

“We see no difficulty in such details being included in the newspaper, when a notice is published, so that adequate opportunity can be availed by those who are interested in raising objection, out of environmental concern or for any other reason which a person deems appropriate.”

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