Case Briefs Archives

‘Humanity has suffered enough environmental damage’; Punjab and Haryana HC rejects anticipatory bail plea of man accused of illegal mining at Satluj River

The Court held that the offence of illegal mining in rivers needed to be taken seriously despite less punishment prescribed under law.

Case Briefs High Courts

Sikkim HC suggests periodic inspection of pharma companies for effluent discharge; reviews draft Springs & Groundwater Bill

“A road map is required to be prepared with regard to use of surface water and also water obtained by means of rainwater harvesting so that the entire process is completed within a realistic time frame, in order to bring to a total end of usage of precious ground water”.

Case Briefs High Courts

Calcutta High Court directs West Bengal Govt to ensure no elephants are illegally/unlawfully transported from its borders

The Court highlighted the conditions of captivity of the elephants and noted that the elephants, having being kept in captivity for most of their lives, deserve to spend their remaining years in a natural habitat which would ultimately ensure their benefit.

Case Briefs High Courts

Bombay HC allows unmarried woman to abort 25-week pregnancy citing reproductive freedom and mental distress

“The right to abortion is a concomitant right of dignity, autonomy and reproductive choice which is guaranteed under Article 21 of the Constitution and the decision to terminate pregnancy is deeply personal for any person”.

Case Briefs High Courts

“Lamentable illustration of classic administrative lethargy”: Punjab and Haryana HC rebukes State’s failure to notify Morni Hills as Reserved Forest since 1987

“To permit nearly four decades to elapse without any discernible, substantive action flowing from a statutory declaration is, to put it mildly, an affront to the principles of effective governance and a manifest failure at the end of concerned officers, both statutory and constitutional.”

Case Briefs High Courts

Disclosure of second marriage not a ground to unseat an elected candidate: Bombay HC upholds election of Palghar MLA Rajendra Gavit

“There might be cases where a candidate belonging to a particular religion, in which polygamy is not prohibited, has contracted multiple marriages. If contention about impermissibility to add column in Form 26 Affidavit is accepted, such candidate would never be able to contest any election as disclosure of information about additional wife would attract ground for declaring the election void.”

Case Briefs Supreme Court

Investigating Agencies’ authority to summon Lawyers under scrutiny, as SC refers issue to CJI for detailed consideration

The development comes in the wake of a recent controversy over the Enforcement Directorate’s summons to Senior Advocates Arvind Datar and Pratap Venugopal, which has raised serious concerns within the legal fraternity about the sanctity of client-counsel confidentiality and the independence of the legal profession.

Case Briefs High Courts

Rajasthan HC overturns police constable’s conviction in 31-year-old prisoner escape case

Two prisoners had escaped after the police constable had shifted them to an open area due to excessive heat.

MBA extension denied by Himachal Pradesh HC

Case Briefs High Courts

‘Personal choice to prepare for competitive exams doesn’t warrant extension of professional course’; Himachal Pradesh HC denies MBA completion beyond prescribed period

“If such kind of plea, as the petitioner is making, is accepted by the Court, then, the Court will be flooded with litigations by all such candidates, who have not been able to complete their courses within the period prescribed in the Ordinance concerned.”

Case Briefs High Courts

“Gender-sensitive, emotionally intelligent, & child-centered judicial approach required in custody of minor girls”: Allahabad HC grants minor daughter’s custody to mother

“The principle that the father is the natural guardian of the minor child-boy or unmarried girl, and after him, the mother is primarily derived from section 6 of the Hindu Minority and Guardianship Act, 1956, though seminal at its time. Now it smacks patriarchal bias, therefore, become obsolete in the progressive realities of 21st- century in India”

Case Briefs High Courts

Gauhati High Court appoints Retd. District and Sessions Judge, Nagaland as an arbitrator in lottery printing dispute with Nagaland Government

The petitioner submitted that it filed an arbitration petition before Punjab and Haryana High Court, as part of the agreement was executed at Chandigarh. However, the Punjab and Haryana High Court was unable to decide the petition due to territorial bar. Hence, the present petition is filed.

Case Briefs High Courts

State has no legislative competence to levy tax on minimum tariff for supply of electricity: Karnataka High Court

The Court further clarified that only the tax on ‘minimum tariff’ has been held unconstitutional and not the tax collected on the consumption of electricity.

Case Briefs High Courts

Know why Jharkhand HC directed State Judicial Academy to impart extensive training to a Magistrate in bail matters

“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”

Case Briefs High Courts

[Transgender Rights] Whether S. 498-A IPC complaint by trans-woman in a heterosexual marriage legally maintainable? Andhra Pradesh High Court Answers

To deny a trans woman the status of a ‘woman’ for the purpose of legal protection under Section 498-A IPC solely on the ground of her reproductive capacity is to perpetuate discrimination and to violate Articles 14, 15, and 21 of the Constitution.

Case Briefs High Courts

‘Right to life includes right to create life’; Rajasthan HC upholds Minor’s right to retain pregnancy against mother’s wishes

“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”

Case Briefs High Courts

Eden Gardens Stadium not a ‘public place’; Calcutta High Court quashes Kolkata Municipal Corporation’s ₹51 Lakh Tax demand on Cricket Association of Bengal

“In common parlance, for a particular place to be a public place, the members of the public must have an absolute, unqualified and unconditional right of free access thereto of their own free will and volition without any restriction whatsoever.”

Case Briefs High Courts

Detailed Breakdown of Gujarat High Court Ruling on Delay in curing registry defects under Section 34 and its impact on arbitration applications

The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.

Case Briefs High Courts

Orissa HC quashes Permanent Debarment of higher judiciary aspirant from Government Service over procedural lapse

“The Government must conduct itself as a model employer and in a constitutionally ordained Welfare State a citizen could not be told that the reasons for a decision were stacked in the Godown of the Government since ours was not the East India Company of bygone era”.

Case Briefs High Courts

Delhi High Court directs Ghadi detergent to remove derogatory phrases targeting Surf Excel from its advertisements

It is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor’s product.

Case Briefs High Courts

Calcutta High Court upholds rejection of UCO Bank’s SARFAESI application by District Magistrate over Affidavit defects

The Court observed that since the jurisdiction of the District Magistrate under Section 14 of the Act, is not ministerial and not adjudicatory, such defects cannot be cured retrospectively or assumed to be merely procedural.