Case Briefs Archives

Is ChatGPT an Intermediary or an Originator Under India’s IT Act? Inside Calcutta HC’s IndiaMart v OpenAI Ruling

Calcutta High Court held that ChatGPT’s generative qualities prima facie make it an originator rather than an intermediary, while acknowledging the question is ultimately “complicated and vexed” and can only be decided at trial with technical and expert evidence.

Case Briefs High Courts

Right to Be Forgotten Is a Facet of Article 21: In-Depth Analysis of Delhi HC’s Comprehensive Framework on De-Indexing, Masking and Informational Privacy in the Digital Age

In a 144-page ruling on 35+ petitions, Justice Sachin Datta held that the right to be forgotten is a constitutional right under Article 21, allowing acquitted persons, discharged accused, matrimonial dispute parties and sexual offence victims to seek de-indexing of judicial records from name-based search results globally, while declining relief for convicted persons, public figures, and cases involving ongoing public interest.

Section 156(3) CrPC court jurisdiction after investigation order

Case Briefs High Courts

Criminal Court Does Not Become Functus Officio After Ordering Investigation; Must Supervise, Monitor and Call for Progress Reports: Rajasthan High Court

The High Court further held that an unduly prolonged investigation without adequate justification entitles the accused to approach the High Court seeking quashing of the FIR, reiterating that investigations cannot continue endlessly at the cost of both complainant and accused.

Case Briefs High Courts

Does Running Over a Stray Dog Amount to Cruelty Under the Prevention of Cruelty to Animal Act, 1960? Calcutta High Court Answers

The High Court found no material demonstrating mens rea on the part of the petitioner, observing that the incident appeared to be an unfortunate road accident involving a stray animal. In the absence of evidence showing deliberate or knowing conduct, the allegations of intentional cruelty could not be sustained.

Case Briefs High Courts

Licensed Pharmaceutical Stock Recovered, Section 42 Under Scrutiny, 44 Witnesses Cited, Trial Yet to Begin After 2 Years: Delhi HC Grants Bail in NDPS Case

The Court found that the present matter is not one where wholly illicit pharmaceutical drug had been recovered from a person lacking lawful authority to possess them.

Case Briefs High Courts

Disability Pension to Army Personnel Cannot be Denied on Medical Opinion Unsupported by Adequate Reasons: Kerala High Court

Holding that where a disability pension claim is raised within 15 years of discharge the primary burden of proof rests on the Department and not the claimant, the Kerala High Court set aside the Armed Forces Tribunal’s rejection of a former soldier’s disability pension claim.

Case Briefs High Courts

“Father can’t discriminate between educational expenses of son and daughter”: MP HC enhances maintenance granted to government servant’s wife and daughter

The Court stated that if the husband was bearing substantial expenses for the technical education of the major son, the same could not be a ground to restrict reasonable maintenance and educational support to the minor daughter.

Case Briefs High Courts

Striking Down Transitory Provision Would Cause Cryonic Freeze in Labour Justice: Kerala HC Upholds Section 104(1-A) of Industrial Relations Code

The Kerala High Court upheld Section 104(1-A) of the Industrial Relations Code as a valid transitory provision, holding that allowing existing Labour Tribunals to continue until new bodies are constituted is neither manifestly arbitrary nor unconstitutional.

Case Briefs High Courts

Civil Courts can order police assistance to implement ad interim injunction under S. 151 CPC: Himachal Pradesh HC

The plaintiff had placed on record the necessary permissions and had established a prima facie entitlement to protection, balance of convenience and irreparable loss. Therefore, in case the ad interim injunction was not implemented in its letter and spirit, then the very purpose of passing such an order would be defeated.

Protection of Human Trafficking Survivors

Case Briefs Supreme Court

Rescued Is Not Enough; State Must Rehabilitate Every Human Trafficking Survivor: Supreme Court Comprehensive “Victim Protection Plan” Tells Exactly How

“Tackling human trafficking for CSE, with its hidden nature and multifarious forms, is indeed a very daunting task. However, there is recognition from all corners that it is an evil which needs urgent and consistent attention.”

Recovery of Back Wages for Rescued Child Labourers

Case Briefs High Courts

Three Girls Rescued in Child Labour Raid, Wages Computed but Not Paid, Employers Now Untraceable: Delhi HC Directs Immediate Recovery of Back Wages Two Years On

The Court directed the SDM to liaise with police authorities to trace the whereabouts of the employers and directed the Delhi police to “pro-actively investigate and take all necessary measures” for tracing them and facilitating recovery proceedings.

Case Briefs High Courts

No GST Notice or Assessment Against Non-Existent Entity Under Section 87, CGST Act; Liabilities to be Borne by Amalgamated Entity: Bombay High Court

The Court held that once a company ceases to exist pursuant to amalgamation, proceedings cannot be continued and an assessment order cannot be passed in its name.

Submission of Caste Certificate After Deadline

Case Briefs High Courts

DoPT Guidelines Permitting Later Submission of Caste Certificate Prevail Over Prescribed Cut-Off Date in Advertisement: Tripura High Court

The Court noted that DoPT guidelines allowed candidates claiming SC/ST/OBC reservation to be considered based on prima facie proof and to furnish the prescribed caste certificate within a reasonable time thereafter.

Section 6 And 8 POCSO Sexual Assault Minor Pregnancy Conviction

Case Briefs High Courts

Sexually Assaulted at 15, Delivered a Child at 16, Dropped Out of School: Meghalaya HC Upholds POCSO Conviction; Directs Benefits for Survivor and Her Child

Meghalaya High Court upholds the conviction under Sections 6 and 8, POCSO Act for 20 years of rigorous imprisonment and fine. The Court directed the DLSA and the DCPO, East Khasi Hills District to ensure that the benefits under POCSO, are made available to the survivor and her child at the earliest.

Case Briefs High Courts

Madras HC: Documentary Proof Enough, DNA Test Not Required for Mother to Donate Kidney to Son

The High Court noted that since documentary evidence clearly established the mother-son relationship, the Authorisation Committee’s refusal was arbitrary and unsustainable, and therefore directed immediate permission for transplantation without delay.

Case Briefs Supreme Court

No Error in Anjuman Ishaat-e-Taleem Trust Verdict: SC Upholds TET Requirement for In-Service Teachers; Extends Compliance Deadline to 31 August 2028

“The RTE Act is a child centric legislation and must be read so. Service of teachers cannot come at the cost of educational future of the children.”

Anticipatory Bail in Social Media Misinformation Case

Case Briefs High Courts

‘Too Soon to Rule Out Criminality’: Punjab & Haryana HC Rejects Madhu Kishwar’s Anticipatory Bail Plea in PM Modi Video Case

“Such posts can create disharmony, encourage separatist sentiments and put the unity and integrity at peril.”

Case Briefs Supreme Court

3 Months to Pronounce, 24 Hours to Upload: SC Issues Comprehensive Directions for Procedural Timelines for Judgment Pronouncement by High Courts

The Court emphasised that delay in pronouncing a reserved judgment violates the right to life under Article 21 as much as denial of the right to be heard.

Advocate prosecuted for professional act

Case Briefs High Courts

If Filing an Appeal Makes an Advocate a Conspirator, It Would Be the End of the Bar: Allahabad HC Quashes FIR Against Advocate in ₹ 10 Cr GST Evasion Case

The Allahabad High Court quashed the FIR holding that an advocate who files a statutory GST appeal for a client — even if the legal position taken on pre-deposit is wrong cannot be held a co-conspirator in the client’s alleged tax evasion.

Swami Vivekananda Scholarship Guidelines 2025

Case Briefs High Courts

Visa Delays, Expired Deadlines, State Inaction: Rajasthan HC Holds Scholarship Cannot Be Denied to Student Who Never Started His Studies

Holding that the interpretation of Swami Vivekanand Scholarship for Academic Excellence Yojana Guidelines 2025 has to be done in a manner to help the student to pursue his course and not to create hurdles, the Rajasthan High Court directed the State Government to immediately release the scholarship amount.