Case Briefs Archives

Supreme Court orders Assam Human Rights Commission to probe alleged fake police encounters in Assam; Sets aside Gauhati HC Judgment, orders legal aid for victims

“The instant matter arises from a series of encounters reported in the State of Assam, the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution”.

Case Briefs High Courts

Bombay HC upholds validity of Rule 4(1)(a) of Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975

“Individual hardship by itself cannot be a ground to hold a provision to be invalid or unworkable especially in the light of the fact that such provision is enacted keeping in mind the Directive Principles under Article 46 of the Constitution for the larger good and welfare of tribals.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

When DCDRC, Mumbai directed Amazon to pay Rs 40,000 for non-delivery of Rs. 100 Motu Patlu Kids Rakhi

The DCDRC stated that it is the duty of Amazon that it should verify the whereabouts as well as the status of the seller before accepting the order of a respective product.

Case Briefs High Courts

Allahabad High Court| Delayed amendment after a decade in divorce proceedings impermissible when facts known at outset

“For the last 10 years the husband was silent over the matter and when the proceedings were at final stage, he moved the amendment application, which is against the spirit of the provisions of Order VI Rule 17 of CPC.”

Case Briefs High Courts

Delhi High Court grants ‘John Doe’ injunction to Ankur Warikoo against AI & Deepfake misuse of identity and brand ‘Warikoo’

In the deep fakes, Ankur Warikoo has been falsely shown to recommend his audience to join WhatsApp groups for stock tips.

20-year rigorous imprisonment under POCSO

Case Briefs Supreme Court

Supreme Court dismisses petition challenging 20 years’ rigorous imprisonment given to convict under S. 6 of POCSO Act

The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.

Case Briefs High Courts

Meghalaya HC widens scope of PIL on stray dogs menace to entire State, directs formation of Committee under Animal Birth Control Rules

Rule 4 provides for formation of a committee comprising of the commissioner/chief of the local authority, who would be the ex-officio Chairman, representatives of Public Health Animal Welfare, District Society for the said Act, Animal Welfare Organisations and humanitarian or a well-known individual.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Inter Railway Request Transfer approved before policy change cannot be denied; CAT directs Railways to restore pre policy approved transfer

The Railway Board’s 2015 policy required five years of service for inter-railway transfers but applied only to fresh cases of post-issuance. Despite meeting this condition, the applicant was not relieved. Later, a 2022 policy raised the service requirement to ten years, leading SECR to cancel all pending transfers below that threshold, including the applicant’s.

Case Briefs High Courts

‘Can’t be made to suffer due to authorities’ default’; Gujarat HC grants Rs 25 Lakhs financial aid to wife of deceased worker in Govt. fair price shop

“The Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid-19 pandemic on behalf of the State Government.”

Case Briefs High Courts

Delhi High Court allows OBC candidate from Manipur to appear in interview stage of UPSC CAPF Exam 2024 despite missing certificate deadline due to insurgency

The petitioner, though possessing an OBC certificate dated 23-02-2024 and earlier years’ certificates, was unable to obtain a fresh certificate between 1 April and 14-05-2024 due to the prevailing insurgency and unrest in Manipur during that period.

Case Briefs Supreme Court

SCBA Elections | Supreme Court finds no foul play in Presidential polls; Directs recount for 9 junior executive posts

“The Secretary General of this Court is directed to deploy adequate Supreme Court Staff to assist the Election Committee for the recounting.”

Case Briefs Supreme Court

Objectives of population control & providing maternity leave to working women not mutually exclusive & must be rationally harmonised: SC

In the instant case, the appellant was denied maternity leave for a third child on account of her re-marriage. The Supreme Court held that the appellant was entitled to grant of maternity leave.

Case Briefs High Courts

“The incarcerated can’t be expected to live at whims and fancies of State”: Punjab and Haryana HC directs release of 412 prisoners on interim bail

“Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of the rights and well-being of convicts. In denying them their legal right to be considered under a policy duly devised by the State for a specific purpose, the authorities have essentially categorised them as second-class citizens.”

Case Briefs High Courts

‘Even seat of justice cannot guarantee immunity from gendered abuse’; Delhi HC upholds sentence of an advocate who threatened/abused woman judge in courtroom

“When the dignity of any judicial officer is torn by way of use of filthy words proved beyond reasonable doubt, the law must act as the thread that would mend and restore it.”

Case Briefs High Courts

“Declare Summer Vacations as ‘Partial Court Working Days’; constitute extra benches”: Rajasthan High Court Bar Association requests CJ

“Bail Applications, which are pending and have been filed before the Summer Vacations, also deserves to be heard by the summer benches.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Felling of 700 trees in Bhoj Wetland, a Ramsar site; NGT forms panel, orders Statewide Tree Census

“Geo tagging of all trees to be made mandatory so that accurate records of their location, type and number can be maintained. Geo tag data should be published and be made available and reported to the office of Chief Conservator of Forest.”

Case Briefs High Courts

MP High Court affirms JJ Act’s jurisdictional primacy over NIA Act in trials involving juveniles

“A person cannot be a juvenile for one purpose and an adult for other purpose. The Courts lean strongly against any construction which tends to reduce a statute to a futility.”

Case Briefs High Courts

Madras High Court sets aside suspension of TASMAC employees who exposed internal corruption in media

“The available materials show that there is something wrong in the department. TASMAC is run by the government in order to prevent casualties on account of illicit arrack and it should not allow any corruption in the department. The department has to realise its mistake.”

Case Briefs High Courts

Delhi High Court grants stay on Bank of India’s fraud classification based on Resolution Plan of Reliance Commercial Finance Limited

The petitioner submitted that since Resolution Plan under the Reserve Bank of India’s Prudential Framework for Resolution of Stressed Assets, 2019 have already been implemented, therefore, the Bank of India ought not to have proceeded against the petitioner.

Air Force School Article 12 Supreme Court

Case Briefs Supreme Court

Air Force School not a ‘State’ or ‘Authority’ under Article 12 of the Constitution: Supreme Court by 2:1 Majority

“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”