Case Briefs Archives

Emphasising sacrosanct human values and rights, J&K and Ladakh HC orders retrieval of minor forcibly deported to Pakistan

“After the mother’s death due to a fatal illness, the minor continued to reside in India with his father and repeated applications were submitted to the authorities seeking extension of the child’s stay and grant of Indian citizenship on compassionate grounds. However, neither was the minor declared an Indian citizen nor was his visa extended.”

Case Briefs High Courts

Jharkhand HC intervenes suo motu in 12-year-old’s rape and murder, criticises police’s lethargic attitude

“Considering the sensitivity of the issue, particularly the commission of rape of a female child aged about 12 years and thereafter her brutal murder, along with the lethargic attitude of the police, it was proper to take cognizance of the occurrence.”

Autonomy of the sports body to manage its functioning

Case Briefs High Courts

Sports bodies not registered as a National Sports Body are autonomous, can’t be governed by any other statutory regime: Delhi HC

The Indian Olympic Association is not vested with any authority or power to appoint any ad hoc Committee in relation to the functions of an independent body or association.

judicial restraint in contractual matters

Case Briefs Supreme Court

Marginal technical score difference in tender bidding can’t justify interference with owner’s commercial decision: Supreme Court

The Court held that Constitutional Courts should not exercise an “ex-ante jurisdiction” to pre-empt executive decisions in such matters, as doing so would undermine the contractual discretion vested in the authority.

Case Briefs High Courts

Jharkhand HC: Pension can’t be reduced unless service record found thoroughly unsatisfactory or grave misconduct proved

“It is a settled principle of law that when a statute or law prescribes a specific procedure for an action, that procedure must be followed strictly, rendering other methods invalid.”

liability of maintenance on daughter-in-law

Case Briefs High Courts

No liability of maintenance upon daughter-in-law towards parents-in-law: Allahabad High Court

“The concept of moral obligation, howsoever compelling it may appear, cannot be enforced as a legal obligation in the absence of a statutory mandate.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Age Relaxation in DSSSB Recruitment: CAT Flags 9-Year Recruitment Delay; Allows Provisional Participation

“Provisional participation does not grant the applicants any indefeasible right to claim appointment, even if they are deemed meritorious.”

Case Briefs High Courts

Bombay High Court Restores Body Building to List of Eligible Sports for Government Job Reservation

The Bombay High Court held that as ‘Body Building’ had state recognition earlier and is nationally recognized, its exclusion violated Article 14 of the Constitution of India.

Case Briefs High Courts

Delhi High Court grants interim protection to well-known trade mark “CROMPTON”

“It cannot be lost sight of the fact that the kind of consumer who would purchase these infringing goods would not enter into a detailed enquiry as to whether these infringing products are genuinely those of the plaintiff or not. The plaintiff is most likely to suffer on financial account too.”

mechanical exercise of Quasi-Judicial Powers

Case Briefs High Courts

“Quasi-judicial powers to be exercised with care, not mechanically”; Madhya Pradesh High Court quashes wrongful forfeiture

“When there are provisions for imposing a heavy fine on a quasi-judicial officer, it is expected that they would decide the matter in a judicial manner”

Case Briefs High Courts

Search and Arrest Powers under NDPS Act Strictly “Ring-Fenced” to Prevent Misuse; Delhi HC grants bail Over Illegal After-Sunset Search

“Chapter V, NDPS Act, of which Sections 41 and 42 comprise an important part, sets-out the procedure mandated by the Legislature for entry, search, seizure and arrest in relation to offences under that statute.”

liability for requisitioned vehicle accident

Case Briefs Supreme Court

SC: State Liable for Accidents Involving Requisitioned Vehicles, Not Insurer

‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’

Case Briefs High Courts

Chance witness’ testimony must be relied upon only after exercising due care and caution; Himachal Pradesh HC upholds acquittal

“The informant and his brother were allegedly abused and assaulted by the accused persons, but the allegations were denied, and documents were tendered in evidence claiming that the witnesses were the informant’s relatives, and they made false statements against them because of a land dispute. Himachal Pradesh High Court declined to interfere with the trial court’s order of acquittal finding no perversity therein.”

Case Briefs Supreme Court

Statutory Bodies Cannot Undermine Finality of Judicial Orders; Supreme Court Declares Rent Authority’s Restoration Order Void for Exceeding Jurisdiction

“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”

Case Briefs High Courts

Del HC: Order 7 Rule 11 application filed after expiry of statutory time doesn’t revive lapsed right to file Written Statement

“Filing of an application for rejection of plaint by Defendant 2 after lapse of statutory period for filing written statement, will not entitle Defendant 2 for grant of any extension of time for filing written statement on that ground.”

Case Briefs High Courts

Explained | Delhi HC ordered to Curb Domain Name Fraud and Protect Trade Marks

“The DNRs continue to promote alternative infringing domain names, several of which are clearly prima facie infringing the trade marks of the plaintiffs. In such a situation, not only shall the concerned DNRs lose the safe harbour protection, the said DNRs would be liable to be treated as infringers against whom reliefs would be liable to be claimed.”

Case Briefs High Courts

“Employer’s record lapses cannot deny pension”; Bombay HC sets aside EPFO’s rejection of higher pension claim, directs reconsideration within 8 weeks

“The responsibility lies with the employer, and if the employer has failed in maintaining records or producing them, then the consequence cannot be shifted upon the employee.”

Case Briefs Supreme Court

Absence of signature on charge curable irregularity, de novo trial not justified unless failure of justice shown: Supreme Court

The Court held that a de novo trial cannot be ordered merely on technical grounds, particularly when the trial had substantially progressed and no real miscarriage of justice is shown.

Happy marriage No Excuse to Validate Child Marriage

Case Briefs High Courts

Karnataka HC: ‘Happily Ever After’ No Excuse to Validate Child Marriage; Childhood Cannot be Surrendered

“The law protects childhood, so that it may blossom into informed adulthood. This Court will not permit this protection to be diminished.”

Case Briefs Foreign Courts

Why United Kingdom High Court Refused to Reopen Nirav Modi’s Extradition Case — A Clear Legal Explainer

The Court said that the assurances provided by Government of India were detailed and reliable. Since they were given at a diplomatic level, any breach would seriously harm trust between India and the UK, especially in a high-profile case like Nirav Modi’s.