Case Briefs Archives

Madras High Court orders MS Dhoni to pay Rs 10 lakh towards translation of CDs in Rs 100 crore IPL betting defamation suit

“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.”

Additional Subject facility for private candidates

Case Briefs High Courts

Delhi HC protects Legitimate Expectation of Class XII 2025 Batch Students; holds retrospective withdrawal of additional subject facility by CBSE as arbitrary

“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.”

Remuneration to junior resident doctor counts as salary

Case Briefs High Courts

Remuneration of Junior Resident Doctors qualifies as “salary” for EWS quota eligibility: Delhi HC upholds cancellation of AIIMS Doctor’s appointment

“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.”

Case Briefs High Courts

Technical objections can’t defeat Covid-19 compensation to Frontline Municipal Worker’s Family; Bombay HC directs immediate release of ₹50 Lakh ex-gratia benefits

“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.”

Section 29-A of Arbitration and Conciliation

Case Briefs Supreme Court

Section 29-A doesn’t mandate automatic substitution of Arbitrator; Supreme Court set asides order terminating mandate

“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).”

Case Briefs High Courts

Resignation on medical grounds entails forfeiture of service: Madras HC clarifies distinction between resignation and voluntary retirement

“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.”

Case Briefs High Courts

Same day reply and hearing violates Natural Justice; Allahabad HC quashes GST assessment order passed without hearing

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

Case Briefs High Courts

‘No prima facie connection with Bishnoi Syndicate’; Bombay HC grants bail in Baba Siddiqui murder case

“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.”

Case Briefs High Courts

Bombay HC commutes POCSO convict’s life sentence to 12 years; cites his constructive participation in education and Gandhian thoughts

“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.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Carry forward of losses cannot be denied once return is validly filed under S. 139(1) of Income Tax Act

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.

Case Briefs High Courts

Mother’s role as primary caregiver doesn’t curtail her right to education and personal growth: Delhi HC permits mother to pursue higher education abroad

“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.”

Case Briefs High Courts

Abortion rights extended to unmarried women up to 24 weeks: Bombay HC directs wide of circulation of Supreme Court ruling across State authorities

“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.”

Case Briefs High Courts

Whether a Non-Executive Director can be held vicariously liable under Section 141 NI Act? Delhi HC answers

“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.”

Case Briefs High Courts

Perfunctory public notice vitiates permission to fell trees; Bombay HC directs strict compliance of Maharashtra Trees Act

“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.”

Case Briefs High Courts

Delhi High Court protects Vivek Oberoi’s personality rights; Directs take down of AI generated deep fakes

“The copyright of the plaintiff over his own personality, which include, amongst others, his image, likeness, voice, name, signature, which are distinctive and exclusively associated with him, cannot, prima facie, be doubted at this stage.”

passing off action against registered proprietor

Case Briefs High Courts

Delhi HC resolves “Kerly Impasse” in ‘FIELDMARSHAL’ Trademark Dispute; holds prior user prevails over dormant registration

“A textbook case of the ‘Kerly impasse’ where infringement and passing off coexist as concurrent causes of action”

Case Briefs High Courts

Universities must regulate student political activities and ensure congenial atmosphere to curb violence: Kerala HC

“It is the responsibility of the Universities and Colleges to ensure that no untoward incident takes place in the campuses, and they must make all endeavour to ensure that academics is not compromised for reason.”

Case Briefs High Courts

Read Why Madhya Pradesh High Court dismissed plea challenging ED search in SKNL bank fraud case

The respondent stated the petition is premature since ED already filed proper applications about search, seizure, and property attachment. Therefore, the Court stated that petitioner can raise all objections, including legality, before the adjudicating authority under PMLA.

Case Briefs High Courts

“Humiliating, would cast a permanent scar on his character”: Allahabad HC quashes direction to student to display placard saying he won’t misbehave with girls

“Direction of such nature wherein the appellant would carry a placard with message that he will never misbehave with any girl and stand at the gate of the University carrying placard for 30 minutes for 30 days, is not only humiliating but would cast a permanent scar on the character of the appellant, which, in the circumstances of the case, is not called for.”

Case Briefs High Courts

Delhi HC issues protective directives for lawyers, including Round-the-Clock Security, Bar Council Inquiry, Court Security Arrangements, etc.

“Learned counsel, in unison, have expressed their concern about the reported incident and have categorically stated that such incident, if it had occurred, not only threatens security the individual lawyers practicing in the Courts, but also erodes the dignity and propriety of the proceedings of the Courts.”