Case Briefs Archives

‘Disturbing trend of exploitation of NRIs by unscrupulous individuals’; Punjab & Haryana HC rejects anticipatory bail pleas of accused in illegal land sale case

“The scale of this deceit is symptomatic of systemic abuse, where absence is weaponised and legal safeguards are routinely undermined. These offences not only impact the personal and financial security of the victims but also have cascading effects on public trust in the real estate ecosystem, and ultimately, the economic stability of the State.”

Case Briefs High Courts

‘Menstrual Health can’t be barrier to a girl’s right to education’; Rajasthan High Court upholds nursing aspirant’s educational rights

“A girl’s health condition… should not hinder her access to education merely because that of her hemoglobin was found to be below the prescribed level because of heavy menstrual bleeding.”

Case Briefs High Courts

Delhi High Court Issues Notice on Petition challenging constitutionality of Clause 3.9 of Indian Railways’ New Innovative Ideas scheme 2018

The present petition is filed by petitioner, who provides services for packing of two-wheelers, parcels, and passenger luggage with optional door pickup and delivery at Visakhapatnam Railway Station, seeking extension of his license period for seven months.

Case Briefs Supreme Court

Supreme Court grants bail to accused person whose application was adjourned by Allahabad HC on 27 occasions

“In matters of personal liberty, the High Courts are not expected to keep the matter pending for such a long time and do nothing, except for adjourning from time to time”.

Case Briefs High Courts

Delhi High Court: Blind discharge of accused with mental disabilities cannot be permitted; proper and informed judicial assessment essential

“Section 330(3) of CrPC mandates the Court to carefully consider the nature of the act committed, assess the degree of the mental condition, seek medical opinion, and then, only upon being satisfied, release the accused with adequate safeguards or refer him to a designated facility equipped to provide necessary care and rehabilitation.”

Case Briefs Supreme Court

Supreme Court spares POCSO convict from sentence citing marriage to victim; Highlights injustice to victim by family, society and legal system

“This year, as the nation commemorated the 75th anniversary of the Constitution on 26th January, it was recalled that the Constitution envisioned the State as a welfare state, guaranteeing social and economic justice to all citizens. Yet, in this case, there had been a profound failure to provide both social and economic justice to the victim. The facts revealed a failure of the very concept of the welfare state.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Single Homebuyer can’t challenge CoC approved Resolution Plan’; NCLAT upholds CoC’s commercial wisdom

The Resolution Plan has been approved by 83.46% voting share of the CoC, therefore, at the instance of Appellant, approval of Resolution Plan cannot be allowed to be questioned.”

Case Briefs High Courts

‘Courts cannot be mute spectators’; Bombay HC by virtue of Clause XVII of Letters Patent, appoints two daughters as legal guardian of their bedridden father, who suffered severe brain injury

Under Clause XVII of the Letters Patent, this Court has power and authority with respect to the person and estate of infants, idiots, and lunatics within the Bombay Presidency.

Case Briefs High Courts

Patent rejection can’t be based on health or morality without scientific proof: Calcutta High Court

The interaction of patent laws and ethics is an uncomfortable relationship and has always produced difficulties. In such circumstances, section 3(b) ought not to be interpreted to deal with all subjective concerns of morality, public order or health regardless of any scientific or technical evidence or any cogent reasoning.

Case Briefs High Courts

‘No Religious faiths provide shield to illegal activities’; NGT issues notice to Punjab officials for allowing illegal religious construction on Greenbelt land

“Construction of a religious structure is the most usual mode adopted by the land mafia for grabbing public lands/public parks by making illegal encroachments and unauthorized constructions with ulterior motives by misusing faith, playing with sentiments… for serving camouflaged personal objectives.”

Case Briefs High Courts

Rajasthan High Court upholds Mothers’ right to be correctly named in child’s academic records; Allows son to submit verified application for name correction

“A name is the first gift most of us receive from our parents. It becomes the foundation of our legal, social and emotional identity. To name someone is to recognize their presence in the world and to be nameless, in many ways, is to be invisible. Names reflect who we are and where we came from.”

Case Briefs High Courts

‘Transmitting sensitive information of Indian Armed Forces to foreign handlers strikes national security’: Delhi HC dismisses bail plea of accused in espionage case

“When individuals, driven by financial inducement or otherwise, seek to breach this trust by serving as conduits to foreign agencies, amounts to an act not only of grave criminality but of betrayal to the nation.”

Case Briefs High Courts

Burden of Proof shifts to Management once employment is proved: Delhi HC upholds ₹70,000 compensation for Safai Karamchari terminated by DDU Hospital

“Burden of proof, in any enquiry or trial, keeps on shifting and the moment the averments made in the claim petition were deposed on oath by the respondent in her evidence, it was for the Management to have rebutted and disproved the same.”

Supreme Court National Highways encroachments

Case Briefs Supreme Court

Supreme Court issues directions to Union Government to enhance safety and address encroachments on National Highways

“It is the obligation of the Central Government to maintain the National Highways. The maintenance of highways includes the obligation to keep them in good condition. It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce the possibility of accidents.”

Case Briefs High Courts

Despite 10-year-long litigation, not a penny towards compensation; Delhi HC directs ₹20 Lakh partial compensation pending appeal

The victim was about 16 years old at the time of the incident; and today she is about 27 years old and is making a living as a lab technician in a hospital. Her left eye is evidently fully damaged.

permanent adjudicatory forum consumer disputes

Case Briefs Supreme Court

Supreme Court directs Central Govt. to consider feasibility of permanent adjudicatory forum for consumer disputes

“The essence of consumerism is embedded within the Constitution, there is absolutely no reason to fill up the Consumer fora with tenure based offices for the Staff, Members and Presidents”.

Case Briefs High Courts

Right to speedy trial not an abstract or illusory safeguard; cannot be whittled down in MCOCA cases: Delhi HC

“While Section 21(4) of MCOCA imposes stringent statutory conditions for the grant of bail under Section 439 of CrPC, these provisions cannot be construed in a manner that forecloses judicial scrutiny under Article 21 of the Constitution.”

Case Briefs High Courts

Divorced wife living in adultery is disqualified from claiming maintenance under S. 125 CrPC: Chhattisgarh HC

“The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in an illicit relationship and to get her right to claim maintenance revived.”

Case Briefs High Courts

‘Police Officers cannot compel citizens or its employees to help them’; Bombay HC quashes FIR against officer who showed difficulty to provide employees as panch witness

“Even though every citizen is duty bound to help the police, that does not mean that refusal of the same shall be considered as an offence in all situations.”

High Courts inherent jurisdiction DV Act

Case Briefs Supreme Court

Supreme Court | High Courts can quash proceedings under Section 12 of DV Act pending before Magistrate

“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.