Case Briefs Archives

‘Teach constitutional journey through lives who shaped it’: Madras HC directs State to include Dr B.R. Ambedkar in TN school curriculum

The tragedy of our times lies in confining such a towering national figure within narrow caste-based perceptions. Dr Ambedkar’s larger-than-life legacy is too often reduced to a sectional emblem, when in truth he belongs to the entire nation, to every classroom, every court, every institution of learning, and every citizen who cherishes dignity under the law.

proportional allocation of VJNT vacancies

Case Briefs High Courts

Unfilled Reserved Vacancies Must Go to Other Reserved Categories in Proportion, Not on Common Merit List: Bombay HC on VJNT Reservation

Bombay HC rules on inter-transferability of unfilled VJNT vacancies under Section 4(3), Maharashtra State Public Services Reservation Act, 2001.

Case Briefs High Courts

“[1] Others” Not a Clear Reason: Gauhati High Court Quashes Non-Speaking GST Registration Cancellation Order

The High Court explained that if an order is passed without giving a reason by the concerned authority, then the order is a non-speaking one, including an order which does not provide a clear reason for its decision.

Case Briefs High Courts

“Illegal But Not Immoral”: HP HC Grants Family Pension to Second Wife, Holds Economically Dependent Spouse Cannot Be Left Destitute

“The Court’s role is to understand the purpose of law in society and to assist the law in achieving its intended purpose. An interpretation which reduces the subordinate legislation to a futility should be avoided, and a view that the rule making authority made the rule only for the purpose of bringing about an effective result should be adopted.”

membership without register entry Companies Act 1956

Case Briefs Supreme Court

Supreme Court: Oppression Petition Maintainable Even Without Name in Register of Members under Companies Act, 1956

Person may be treated as a “member” entitled to file petitions under Sections 397 and 398, Companies Act, 1956 even if their name is not entered in the register of members, provided the Company’s conduct and records establish recognition of proprietary interest.

Case Briefs High Courts

“Manifest Arbitrariness”: Allahabad HC grants compensation & damages to man whose vehicle was wrongly seized and auctioned under U.P. Cow Slaughter Act

The Court noted that it was equally disturbing that during pendency of proceedings before the Commissioner, the State proceeded to auction the vehicle, which was the principal source of livelihood of the accused, for a grossly inadequate consideration without awaiting adjudication of the accused’s challenge.

Foreigners Tribunal nationality evidence fresh consideration

Case Briefs High Courts

Foreigners’ Tribunal Cannot Discard Nationality Documents Without Reasons: Gauhati High Court Orders Fresh Consideration

“The sustainability or perversity of the decision of the Tribunal should only be assessed after certain nuances in the evidence as well as some documents discussing the core issue is properly dealt with by the Tribunal.”

POCSO case quashed citing subsequent marriage

Case Briefs High Courts

“Not a single whisper of force”: Bombay HC Quashes POCSO Case After Accused Marries Minor Prosecutrix, Now 7 Months Pregnant

“There was not a single whisper that the accused forced the prosecutrix or threatened her or had sexual intercourse on false promise of marriage. Though the victim was minor, she did not have any problem in staying with the accused and his family. Therefore, the Court held that the criminal proceedings would cause injustice.”

Case Briefs High Courts

Delhi HC Stays ₹1.08 Crore Decree in Akasa Air Dispute; Raises Concern Over Prima Facie Impression of AI use in Trial Court Judgment

The Court noted that attribution of non-existent propositions to Supreme Court precedents, if established, would be a matter of serious concern.

Case Briefs High Courts

Bareilly Violence Case | Allahabad HC grants bail to man for “I love Mohammed” post after 7 months in jail

The accused was arrested for allegedly writing objectionable comments on his Instagram account “I Love Mohammed ke liye gardan katwa bhi sakte hai aur kaat bhi sakte hain”.

Dubai International Financial Centre Courts

Case Briefs Foreign Courts

Explained | DIFC ruling on Enforcement of Arbitration Agreement between parties

An arbitration agreement is in the nature of an exclusive jurisdiction agreement excluding court proceedings except to the extent permissible under the applicable law.

Case Briefs High Courts

Caught Red-Handed Taking Bribe? No Prior Sanction Required Under S. 17A PC Act; Corruption Not an Act of Official Duty: Allahabad HC

The offences under Section 7, Prevention of Corruption Act, 1988 and Section 61(2) BNS cannot be said to constitute “acts in discharge of official duty” and, therefore, no sanction is required for those acts.

Case Briefs Supreme Court

SC directs regularisation of ISRO daily-wage workers, quashes Gang Labourers Scheme, 2012 for non-compliance with binding CAT directions

The obligation of the State to act as a model employer is not a mere exhortation but flows directly from the guarantee of equality enshrined in Article 14 of the Constitution.

Case Briefs High Courts

Section 14 IBC Moratorium a Protective Shield Against Asset Depletion; Statutory Authorities Cannot Recover Leasehold Property During CIRP: Gujarat HC

“The Statement of Object and Reasons of the Code says that the aim is to improve ease of doing business and facilitate more business leading to higher economic growth and development.”

Right to Speedy Trial Violation Justifies Bail

Case Briefs Supreme Court

Right to Speedy Trial Prevails Over Gravity of Offence; Bail Must Be Considered When Article 21 Infringed: Supreme Court

In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.

Case Briefs High Courts

[NDPS Act] Mere Driving of Vehicle Insufficient to Establish “Constructive Possession” of Passenger’s Contraband: Calcutta HC Grants Bail

“Possession” under the NDPS Act is not limited to personal recovery; however, prima facie control over the seized material must be shown for Section 37 NDPS to apply.

Case Briefs High Courts

Allahabad HC: No Right to Conduct Regular Religious Congregation on Public Land; Private Use Also Subject to Regulation

“Freedom, in a constitutional society, is always accompanied by responsibility towards others.”

Cleaning Police Stations as Bail Condition

Case Briefs Supreme Court

“Abhorrent, Degrading, and Unknown to Law”; Supreme Court Declares Imposition of Bail Conditions Such as Cleaning of Police Stations as Null and Void

“The most invaluable gift that the people of India gave unto themselves through the Constitution was the vision of a casteless society founded upon the principle of substantive equality.”

Case Briefs Supreme Court

ReT Closure: SC quashes litigation-based exclusion; relief to select panel candidates subject to TET

Supreme Court rules on Rehbar-e-Taleem (ReT) Scheme closure, holds denial of appointment due to pending litigation arbitrary under Article 14, and grants relief to select panel candidates subject to TET qualification.

Case Briefs High Courts

“International gang of wildlife poachers & traffickers”: Madhya Pradesh HC denies bail to alleged pangolin poacher noting prima facie involvement

The Court noted that the case indeed involved an international gang of poachers and traffickers of wildlife animals like Pangolin, and the accused prima facie seemed to be involved.