Case Briefs Archives

Pre-2016 DRT Recovery Certificate Is Not “Decree or Order” u/S. 9(2), Presidency-Towns Insolvency Act; Cannot Trigger Insolvency Proceedings: Supreme Court

The Court stated that the 2016 Amendment to the Recovery of Debts and Bankruptcy Act, 1993 had created a legal fiction operating prospectively and did not affect proceedings instituted before its enactment.

Case Briefs High Courts

Hospitalisation Was to Save His Life, Not Confine Him: Delhi HC Declines to Order Transfer of Sonam Wangchuk to Medanta; He Sets 3 Conditions to Break His Fast

The Court held that no violation of bodily autonomy was found where medical care was limited to consented oral treatment despite the patient’s critical health condition marked by dangerously low sugar, sodium and potassium levels.

Case Briefs High Courts

POCSO | Betrayed Her Trust, Destroyed Her Life, Degraded Her Very Soul: Bombay HC Upholds Life Sentence of Man Convicted of Impregnating 12-Year-Old daughter

the High Court observed that there can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.

Supreme Court bail forged Power of Attorney

Case Briefs Supreme Court

Pre-Trial Incarceration Beyond 11 Months Unwarranted Where Strict Bail Conditions Can Adequately Safeguard Prosecution’s Interests; SC Grants Bail

Supreme Court granted bail the appellant, who was alleged to be an attesting witness to a forged Power of Attorney and subsequent sale deeds, after over 11 months of incarceration.

Case Briefs High Courts

Read why Karnataka High Court refused to entertain Article 227 plea against ex parte injunction order

“…the petitioner, instead of availing the statutory remedy available to him, has chosen to file a petition under Article 227 of the Constitution of India.”

Harbhajan Singh Punjab Police security cover

Case Briefs High Courts

“Traitor” Posters Outside Harbhajan Singh’s Residence Did Not Establish a Threat to Life: Punjab and Haryana HC Declines to Security Cover

The Security Review Committee had assessed Harbhajan Singh’s threat perception on 3 March 2026, nearly two months before he left the Aam Aadmi Party. Punjab & Haryana HC held the timing was coincidental, not retaliatory and that his Y+ CRPF cover and State’s undertaking of local deployment adequately addressed his security concerns.

Case Briefs High Courts

Foreign counsel cannot examine witnesses before Advocate Commissioner in execution of Hague Convention Letter of Request: Kerala HC

The Kerala High Court held that foreign lawyers cannot examine witnesses before an Advocate Commissioner appointed for execution of a letter of request issued by a foreign court under the Hague Convention. The recording evidence before a Commissioner is a litigious function forming part of the practice of law in India and falls within an area reserved exclusively for advocates enrolled under the Advocates Act, 1961.

Telangana HC anticipatory bail GST ITC fraud

Case Briefs High Courts

₹94 Crore ITC Fraud Alleged, Fictitious Suppliers, No Stock Records, Yet Telangana HC Grants Anticipatory Bail; Says Gravity of Economic Offence Alone Cannot Justify Arrest

The Court held that although allegations of fraudulent availment of Input Tax Credit under the CGST Act constitute serious economic offences, arrest cannot be made as a matter of course. Where the investigation is primarily based on documentary evidence already in the custody of the authorities and custodial interrogation is not shown to be indispensable, anticipatory bail deserves to be granted subject to appropriate safeguards.

Case Briefs Supreme Court

5,393 Elderly and Terminally Ill Prisoners Identified by NALSA. Supreme Court Says the Criminal Justice System Needs Systemic Recalibration; Issues Comprehensive Directions

While issuing comprehensive directions, the Court noted that these proceedings called for a systemic recalibration of criminal justice system, wherein vulnerability is not treated as an afterthought, but as a constitutionally significant determinant for humane treatment of prisoners.

real-time information exchange mechanism in cyber crimes

Case Briefs High Courts

Cyber Fraud Investigation Needs Real-Time Coordination: MP HC Impleads MHA, Telecom Department, RBI & 3 State DGPs To Fix the System

The Court found that the existing mechanism, whereby information is sought through multiple agencies and forwarded from one authority to another before any effective field action is undertaken, results in avoidable delay. Such procedural movement of files and requests enables the perpetrators to remain several steps ahead of the investigating agencies.

Case Briefs High Courts

Delhi High Court issues notice in “SOCIAL HOUSE” Trade mark appeal; Refers long-running “SOCIAL” brand dispute to Mediation

The parties have been directed to appear before the Delhi High Court Mediation and Conciliation Centre on 17 July 2026, while the appeal has been listed before the Division Bench on 21 August 2026 to report the outcome of the mediation proceedings.

Case Briefs High Courts

Sonam Wangchuk Shifted to Safdarjung Hospital Amid Hunger Strike: Here is What Delhi High Court Directed in its Medical Monitoring Order

The protest stemmed from systemic examination irregularities surrounding national-level exams, most notably recent NEET-UG medical entrance exam paper leak.

Eviction suits exclusive to Rent Controller

Case Briefs High Courts

Jharkhand HC: Eviction Suits Under Rent Act Fall Exclusively Within Rent Controller’s Jurisdiction; Commercial Courts Have No Role

The Court held that eviction proceedings under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 lie exclusively within the jurisdiction of the Rent Controller/Sub-Divisional Officer and that the Commercial Courts Act, 2015 does not apply even where the property is used for trade or commerce.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder Received Home Loan Amount, Defaulted on Repayment, Yet SBI Proceeded Against Homebuyers: Rajasthan RERA Steps In and Restrains Coercive Recovery

The authority restrained the respondents from carrying on or continuing any action detrimental to the complainants’ interests in respect of the 2 flats and directed SBI not to take any coercive action against the complainants for recovery of the amount.

Refund of unutilized accumulated CENVAT Credit

Case Briefs Tribunals/Commissions/Regulatory Bodies

Investment advisory services to overseas entity/recipient to be considered as “export of service”: CESTAT Mumbai allows unutilised CENVAT credit refund

“The appellant had exported the services to the overseas entity/recipient, such service should be considered as ‘export of service’ and the resultant benefit of refund of the accumulated CENVAT Credit available in the books of account should be available to the appellants.”

Electrocution compensation strict liability minimum wages

Case Briefs High Courts

Woman Electrocuted, Neighbour Dies Trying to Help: Rajasthan HC Holds RSEB Strictly Liable for Double Electrocution Deaths; Enhances Compensation

Applying the principle of strict liability, the appellants were held to be liable for compensation for the death caused by electrocution by live electric wire as liability can arise even without proof of negligence if the escape or transmission of a dangerous substance, such as electricity, causes harm and the Court enhanced the compensation holding that in the absence of proof of income, the loss of earning should be determined on the basis of minimum wages.

Case Briefs High Courts

Silence Is Not Institutional Prudence, It Is Statutory Delinquency: Karnataka HC Refuses to Quash FIR Against School Authorities Who Suppressed Child Sexual Abuse Complaint

“The statutory mandate under Section 21, POCSO Act admits of no dilution, no hesitation, and no delay. The duty to report an offence against a child is not a matter of institutional discretion but an imperative cast by the statute, the breach of which itself constitutes a distinct offence.”

Case Briefs Foreign Courts

Buying Finished Gold Bars from Russian Nationals Is “Procuring Geological Materials” Under US Sanctions Law: DC Circuit Upholds OFAC Sanctions on Diegelmann Traders

The dispute arose from Office of Foreign Assets Control (OFAC) sanctions imposed on German nationals engaged in the precious-metals trade for their alleged involvement with Russia-based metals companies. The appeal presented questions regarding the interpretation of the Russia metals and mining sanctions regime and the evidentiary basis for OFAC’s determination.

Case Briefs High Courts

Delhi High Court Upholds DHJS Exam 2026 Eligibility Criteria; Rejects Age Relaxation Claim Due to Non-Conduct of Examination in 2025

The Court stated that since all anticipated vacancies up to 1 December 2025 had already been included in the earlier recruitment process, the respondents were under no obligation to conduct a separate examination in 2025.

Case Briefs High Courts

“Practitioner without knowledge is a quack”: Allahabad HC denies relief to homeopathic doctor whose clinic was sealed for practicing allopathy

The Court noted that the doctor’s clinic was admittedly not registered with the Chief Medical Officer’s office, which is a sine qua non for practicing modern medicine and treating patients.