Case Briefs Archives

Disability pension arrears can’t be restricted to three years once broad banding entitlement stands judicially settled: Supreme Court

Disability pension is a vested and recurring right, partaking the character of property under Article 300-A, and once found due, must be granted from the date it became payable.

Case Briefs High Courts

“Highly disciplined, respected organization like RSS maligned”: Allahabad HC quashes criminal case filed by RSS member resident against RWA

“Prima-facie, a highly disciplined and respected cultural organization like the RSS has been maligned and the membership has been misused in the present case by the informant.”

State Gratuity authorities lack jurisdiction for multi-state establishments-State establishments

Case Briefs High Courts

Delhi High Court: State Gratuity Authorities lack inherent jurisdiction when establishment has branches in multiple States

“The fundamental error permeating both the impugned orders is the assumption that merely because the claimant worked or claimed to have worked in Delhi, the Controlling Authority appointed by the State Government and the Appellate Authority derived jurisdiction to adjudicate the dispute.”

Punjab Kesari Hotel's plea against demolition

Case Briefs High Courts

Punjab and Haryana HC directs alternate remedy in Punjab Kesari Group’s hotel demolition case; dismisses political vendetta claims

“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.”

Case Briefs High Courts

Scandalous allegations against Judges constitute criminal contempt: Madras HC grants final opportunity to tender unconditional apology

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

Case Briefs Supreme Court

Section 2(e) of Payment of Gratuity Act doesn’t apply to Central Govt. employees holding Civil Posts: Supreme 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”

Case Briefs High Courts

Suspicion, however grave, can never substitute legal proof: Jammu and Kashmir HC sets aside forgery conviction

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.

Section 151 CPC applies to clerical error

Case Briefs High Courts

Sections 151 and 152 CPC applies only to clerical or arithmetical error, not merit-based determinations: Kerala HC

“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.”

GREF Oversees services falls under Armed Forces

Case Briefs High Courts

GREF Overseer services at Indo-China Border falls under Armed Forces, not Workmen: Punjab and Haryana HC

“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.”

Case Briefs High Courts

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.”