Case Briefs Archives

Meghalaya High Court expands PIL on cremation facilities to address need for Christian cemeteries

The PIL was filed regarding the facilitation of the cremation of persons belonging to the Khasi, Jaintia and Hindu communities throughout the State.

Case Briefs High Courts

Andhra Pradesh High Court directs payment of pending dues to brother of deceased Government Teacher after 37-year legal battle

In the case at hand, despite a binding legal heir certificate and multiple court decrees, the petitioner was denied his sister’s death benefits for over three decades. The authorities relied on undocumented claims and misplaced service records to justify non-payment.

Case Briefs High Courts

Bombay HC directs taking down of videos allegedly defaming State’s Cabinet Minister Girish Dattatray Mahajan

Despite being served, Respondent 1 chose not to appear and justify the basis on which the statements and insinuations are made against the applicant.

Case Briefs High Courts

Gauhati HC issues practice directions for disclosure of details while filing compensation applications under Section 166 (1) MV Act

The Supreme Court had directed High Courts to frame rules of procedure or issue practice directions for ensuring that material details are disclosed while filing claim applications under Section 166(1) of the MV Act.

Case Briefs High Courts

‘Staying release would cause immense loss to all involved’; Bombay HC refuses to grant stay against web series ‘Gram Chikitsalaya’ due to copyright infringement allegations

“Substantial amount of money is spent by producers and those involved in such creative works, and staying the release of such films/web-series would cause immense loss to all those involved in it.”

Case Briefs High Courts

Plaint must be considered alongside its relied documents to determine whether it discloses cause of action: Delhi HC

“The phrase “does not disclose the cause of action” must be very narrowly construed. The rejection of plaint at the threshold entails very serious consequences. This power must be exercised only in exceptional circumstances and when the Court is sure that plaintiff does not have any arguable case at all.”

Case Briefs Supreme Court

Only valid and subsisting DSR can form basis for environmental clearance; draft DSR legally untenable: Supreme Court upholds NGT order

“The illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Therefore, absolute standards with tough policies, strict enforcement and quick accountability are compelling for effective regulatory control.”

Case Briefs High Courts

‘Error of judgment, not misconduct’; MP High Court set asides ADJ’s dismissal from service for being ‘shockingly disproportionate’

“The punishment of dismissal in the present case shocks the conscience of this court because the punishment is shockingly disproportionate.”

Case Briefs High Courts

Vandalisation of Dr. Ambedkar’s Statue | M.P. High Court directs police to continue investigation and file monthly reports

The Court noted that “the Superintendent of Police, Seoni is fully cognizant of the seriousness of the matter that has hurt sentiments of public.”

Case Briefs High Courts

‘Re-evaluation beyond specified period anathema to finalization of result’; Gujarat HC directs appointment of 2019 GPSC exam candidates illegally rejected after succeeding

“The re-evaluation of the marks beyond the specified period at the discretion of the GPSC at any stage will be an anathema to the finalization/conclusion of the result. The final merit list or the result will always remain in the state of flux putting the career of the candidates at peril if such an approach, is allowed to be adopted.”

Case Briefs High Courts

‘Transferring case to another State reflected mechanical approach’; Delhi HC directs registration of regular FIR instead of Zero FIR as offence occurred within jurisdiction

Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 154¹ of the CrPC.

Case Briefs High Courts

‘Termination of Film Assignment Agreements not justified’; Bombay HC rejects Goldmines Telefilms’ plea to restrain Viacom 18 from acting as assignees/licensees for its films

The defendants will prima facie be entitled to carry out such deletions, edits, and cuts to the films and this may lead to “multiple versions” but that cannot be said to be in breach of Clause 3.11 of the Film Assignment Agreement.

Case Briefs Supreme Court

Supreme Court quashes criminal charges against anti-human trafficking activists branded as criminals for raid to rescue bonded labourers and minor children from brick kiln

“When profile of the allegations emerging from the factual matrix of the case renders existence of mens rea patently absurd or inherently improbable, such prosecution is liable to be quashed as an abuse of process of law.”

Case Briefs Supreme Court

Discharge of serviceman or denial of disability pension based on unreasoned medical board report would be unsustainable in law: Supreme Court

“There is a difference between the “conclusion” or “opinion”, and “reasons” to support such a conclusion or opinion. The reasons have to be separately mentioned for the conclusion arrived at by the Medical Board. The bare conclusion arrived by the Medical Board cannot treated as the reasons for discharge of the serviceman and denial of invalid pension within the meaning of the Regulations”

nishikant dubey bjp mp remarks against cji

Case Briefs Supreme Court

SC dismisses petition to initiate contempt action against BJP MP Nishikant Dubey; Terms his scandalizing remarks against SC & CJI as irresponsible

“We do not believe that the confidence in and credibility of the courts in the eyes of the public can be shaken by such absurd statements, though it can be said without the shadow of doubt that there is a desire and deliberate attempt to do so”.

Case Briefs High Courts

Rajasthan High Court dismisses plea to quash FIRs or consolidate investigation against Ex-MLA Pramod Jain Bhaya

“The law requires that for an allegation of malafide to be sustained, it must be pleaded with specificity and supported by material facts. In the absence of mens rea, or a demonstrable element of ill-intention, such a prayer cannot be entertained.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Secured Creditor who relinquishes interest cannot seek priority among others based on charge’; NCLT directs distribution of sale proceeds of Monnet Power’s assets

“Once a Secured Creditor relinquishes its security interest to the liquidation estate, it cannot seek priority among other Secured Creditors on the basis of the charge and is only entitled to receive proceeds from the sale of assets in the manner specified under Section 53 of the IBC.”

Case Briefs High Courts

[Infringement of Personality Rights] Madras HC orders Meta and Telegram to remove accounts exploiting classical dancer Anita Ratnam’s photos and audio for commercial gain

Madras High Court also ordered that if similar links were identified by Dr. Ratnam and communicated to Meta and Telegram, such links were to be taken down in accordance with the order.

Case Briefs Supreme Court

Supreme Court quashes FIR filed by a wife who alleged that her husband lied to her about his profession

The wife had alleged that she married the Appellant-husband because he was an Eye Surgeon, but he turned out to be an Optometrist.

Case Briefs High Courts

Bombay High Court upholds Single Judge’s decision to stay release of film “Shaadi Ke Director Karan Aur Johar”

The name “Karan Johar” is solely associated with Respondent 1, Karan Johar and forms a germane part of his personality and brand name and thus, has the economic right to commercially exploit the same as per his discretion.