Case Briefs Archives

‘Authorities stood motionless for 5 years’; Bombay HC imposes Rs 10000 cost each on authorities for failing to act in UIDAI identity fraud case

“The authorities/entities who can assist on Aadhaar number shall be equipped with necessary technology for authentication and such authentication shall be done in accordance with the Aadhaar (Authentication) Regulations, 2021.”

assault on advocate for drafting complaint

Case Briefs High Courts

Kerala HC denies anticipatory bail to nine persons accused of assaulting Advocate for drafting complaint against them

“The fundamental right to have access to courts of law is enabled largely through advocates. If advocates are attacked for drafting complaints, the rule of law will suffer.”

Case Briefs High Courts

Balasore Student self-immolation case | Orissa HC declines judicial SIT probe; Holds ICC accountable

“It is really disturbing that the students, who got admission in a reputed college would be subjected to any sexual harassment and the alacrity is not shown in addressing the grievance in a proper manner”

deficiency in legal aid counsel’s conduct

Case Briefs High Courts

‘Deficiency in conduct of legal aid counsel defeats right to fair trial’: Meghalaya HC orders retrial in POCSO case

It is evident that the lack of effective legal representation has not only violated the fundamental rights of the accused under Article 21 of the Constitution but also seriously prejudiced his defence in the case.

Case Briefs Supreme Court

‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud

The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.

Distributing pamphlets about teachings of Islam

Case Briefs High Courts

Explained: The Case in which Karnataka High Court did not consider Distribution of Pamphlets about teachings of Islam outside Temple as Religious Conversion

The Court observed that the complainant lacked locus standi to lodge an FIR, which could only be lodged by the converted person, their parents, and siblings, or relatives by blood, marriage, adoption, or association.

protecting mental health of coaching college students

Case Briefs Supreme Court

Supreme Court issues comprehensive Guidelines on protecting mental health of young students in coaching centres and colleges

“Mental health is an integral component of the right to life under Article 21 of the Constitution which has been upheld by the Court time and again.”

Case Briefs High Courts

‘Child’s welfare has upper hand over personal law’; Bombay High Court grants custody of 9-year-old minor to the mother

“Flouting interim orders passed by the Court will not disentitle the appellant-mother from retaining custody of the minor child. While exercising parens-patriae jurisdiction, the wish of the minor as well as attending circumstances need to be considered”.

Case Briefs High Courts

Madras HC orders removal of ‘Bad Girl’ teaser from YouTube citing child pornographic depiction & State’s duty under Article 39(f)

“The State has to ensure the protection against exploitation and to provide childhood care, and therefore the said words ‘protection’ and ‘care’ has to be given widest meaning.”

Maintenance Tribunals cannot resolve property disputes

Case Briefs High Courts

Senior Citizens Act, 2007 | Maintenance Tribunals can’t resolve property disputes; Civil Courts hold jurisdiction: Allahabad HC

“The present being a case where the grievance sought to be raised by the petitioner is regarding alleged obstruction by his neighbour in the construction of a gate on the petitioner’s property, the same in our view would not come within the purview of provisions of the Senior Citizens Act 2007.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read why ITAT rejected Congress Party’s appeal for exemption of Rs 199.15 Crores due to delay in filing ITR

The ITAT reiterated that so far as an interpretation of such an exemption provision in a fiscal statute was concerned, a stricter interpretation had to be employed rather than a liberal one.

compensation DB Power over changes in law

Case Briefs Tribunals/Commissions/Regulatory Bodies

Inside CERC’s ruling where DB Power Ltd. sought compensation over changes in law, force majeure events relating to Power Purchase Agreements

The Appellate Tribunal for Electricity had remanded matter to Central Electricity Regulatory Commission to reconsider issues pertaining to station heat rate, carrying cost, and increase in VAT, Entry Tax, etc. due to change in law, force majeure events affecting petitioner’s project.

Case Briefs Supreme Court

Petrol Pump NOC Case | Supreme Court imposes Rs 50,000 cost for non-disclosure of parallel proceedings before NGT and High Court

“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”

Mass leave by Judicial employees is illegal

Case Briefs High Courts

‘Abstention from work or mass leave by judicial employees of Subordinate Courts is illegal’: Rajasthan HC issues directions for immediate return

“If the employees of District Courts failed to resume their duties and situation so continued till 28-07-2025, then ESMA can be invoked to maintain discipline and resume the work of the Court.”

Case Briefs High Courts

‘Mere threat without intention to cause alarm does not constitute criminal intimidation’: Delhi High Court upholds acquittal in POCSO case

The Court stated that if the minor left immediately on being allegedly sexually assaulted by pushing away the accused where was the occasion for the accused to extend threat. The sequence of events, as narrated by the minor, does not clearly establish that the alleged threat was made with the intention to cause alarm.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Appellate Tribunal for Forfeited Property confirms attachment of Chanda Kochhar’s assets in ICICI-Videocon Loan case

As per the Rules, Chanda Kochhar should have distanced from the meetings which were held for loan sanction, because of conflict of interest. However, not only did she participate in the meeting, but she also sanctioned the loan under urgent category.

Case Briefs High Courts

Contemptuous conduct must be purged before contempt can be contested: Telangana HC directs mother to return 3 minor children to custody holder

In contempt of a custody order of the Court, the alleged contemnor had taken the children from Hyderabad to Bhopal without the permission of the contempt petitioner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT can invoke inherent powers to permit withdrawal of voluntary liquidation, when no third-party rights are affected: NCLT

In the present case, initiation of the voluntary liquidation was a voluntary commercial decision taken by the shareholders. It is open to the shareholders, where no prejudice is caused to any stakeholder, to reconsider and reverse their decision, particularly when the process has not proceeded to an irreversible stage, such as distribution of assets.

Case Briefs International Courts

Climate Change | ICJ issues Advisory Opinion on obligations of States under International Law

UN General Assembly had requested the ICJ to issue opinion on questions framed vis-a-vis States’ obligations for the climate system. During the proceedings, 91 written statements and 62 written comments were filed by the States and international organizations.

Case Briefs High Courts

Monthly rent payment cannot be accepted as sale consideration, without proper justification: Delhi High Court

The Court presumed that the absence of a reason for not disclosing the higher amount in the Agreement to Sell (‘ATS’), and the lack of explanation for payment of sale consideration disguised as rent is likely to evade taxes. This suppression made the 1982 ATS illegal, and against the public policy as per, Section 23 of the Contract Act, 1872.