Case Briefs Archives

Delhi HC grants permission for transplantation of 26 trees to facilitate Supreme Court expansion project

The Court stated that the applicant should obtain necessary permissions from the municipal authorities concerned to see if more trees can be planted on the road leading to the Supreme Court as the same was enveloped with fully grown trees till some years ago.

Case Briefs High Courts

‘Accused person died while in police custody, requires thorough investigation’; Bombay HC directs to constitute a SIT in Badlapur Encounter Case

Crimes affect entire society and thus the legitimate interest of the society in the investigation cannot be easily brushed aside. It is important to strengthen the faith and confidence of the people in law enforcing agency and this institution, lest the faith of the people in administration of justice stands shaken.

Case Briefs High Courts

Advocate General can represent any autonomous body/Corporation of State or charge independent professional fees: MP High Court

The Court did not find “any illegality prima facie in the case of engaging lawyers by the autonomous body i.e. MPNRC and paying the professional fees as per their norms.”

Case Briefs High Courts

Why Muslim civilians denied prayer rights at Masjid Noor situated at defence land? MP High Court seeks clarification

The Court took a prima facie view of the matter and issued notice to all respondents.

Case Briefs High Courts

Delhi High Court directs Wikipedia to delete defamatory allegations against news agency ANI and restore public editing rights on its page

Defendants 2 to 4 edited the page pertaining to the plaintiff to include allegedly false, misleading and defamatory remarks/content against the Plaintiff. It is stated that the remarks and statements against the plaintiff form a substantial portion of the Plaintiff’s Page, which is accessible to users and non-users of the Platform.

Case Briefs Supreme Court

Electricity Act, 2003 mandates that Regulations framed by the State Commissions must serve larger public interest: Supreme Court

“The Electricity Act, 2003 envisions a structured and fair mechanism for open access while ensuring that market participants do not engage in practices detrimental to the larger consumer base”.

Case Briefs High Courts

MP High Court upholds Indore Municipality’s traffic control measures at ‘56 Dukan’ Food Street

“Traffic jams are not new to the world and are known to be highly contagious … if the vehicles are allowed to enter in the 56 Dukan area from MG road, it would lead to a total chaos.”

Case Briefs High Courts

Delhi HC issues directions for considering guardianship application and protection of children’s properties

Courts are zealous guardians for the protection of the properties of minors and efforts must be made to ensure that the properties are immediately secured so that they are not frittered by unscrupulous relatives who like vultures want to prey on the meagre belongings that have been left behind.

Case Briefs High Courts

‘Cannot be rendered stateless, residing in India for past 60 years’; Bombay HC directs authority to consider woman’s citizenship plea

Respondent 3-Deputy Collector (General), Mumbai, disposed of the petitioner’s application holding that she is a stateless national and has given incorrect details regarding the validity of her visa.

Case Briefs High Courts

‘Failed to seek report of Prison Superintendent; District Judge’s opinion reflected Trial Court’s order’; Meghalaya HC allows remission of murder convict’s life sentence

While passing the impugned remission decision, the Presiding Officer could not have relied on the opinion of the District Judge, and such impugned order was passed on a wrong premise.

Case Briefs Supreme Court

Candidate without minimum qualifications prescribed by expert body not entitled to appointment or promotion in educational institutions: Supreme Court

“The teachers who failed to acquire a Ph.D. within seven years as required, cannot be designated as Associate Professors nor be entitled to the higher pay scale.”

Case Briefs Supreme Court

Principle of ‘over-qualification is not disqualification’ cannot be put in a straitjacket imposing rigid rules or norms: SC

The Court refused to grant relief under Article 142 of the Constitution to a candidate applying for post of Boat Lascar, as he gained entry through a process which was not legal and valid.

Case Briefs High Courts

Co-opted bar council members entitled to equal rights and privileges; cannot be treated as separate class from elected members: Kerala High Court

“The term “elected members” in the resolution shall also include the petitioners. As a result, the petitioners were entitled to all the rights and privileges accorded to the elected members of the Bar Council of Kerala as outlined in the resolution.”

Case Briefs High Courts

Delhi HC grants permanent injunction to Tata Group’s Ginger Hotels; restrains fake websites from infringing its trade mark

The Court stated that Defendants 1,8, 9 and 10 are engaged in illegal activities, which are potentially criminal in nature, and are aimed at deceiving unwary consumers by making them pay through their website under the false pretence of securing reservations with the plaintiff’s ‘GINGER’ hotels.

Case Briefs High Courts

Black Magic Act 2013 enacted to curb harmful practices posing serious risk to individuals/society; excludes legitimate religious practices: Bombay HC

The petitioner was invited to join a forty-five-day course, during which he was given a Mantra to chant and after his daily recitations, he alleged that he ended up experiencing significant mental and physical distress that even a medical professional could not alleviate.

Case Briefs High Courts

“Inconceivable that entire proceedings could have been concluded fairly within two weeks”: Madras HC upholds order quashing disciplinary action against Canara Bank employee

“A disciplinary proceeding should not resemble a point-to-point bullet train journey. A charge memo need not necessarily culminate in punishment.”

Case Briefs High Courts

No invalidation to one-year LLM degree for appointment in Public Departments or Universities: Madras High Court

“Even though the employer is a rightful person who should demand the educational requirement for a post to be filled up in this regard, the qualification contemplated by the employer shall not make any arbitrary discrimination between equivalent and similar course without any valid basis.”

Case Briefs High Courts

DNA report merely proves paternity, and it cannot by itself establish absence of consent: Delhi HC acquits a man convicted of rape

Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.

Case Briefs High Courts

‘A person’s rightful claim can’t be rejected on a machine’s failure’; MP High Court quashes candidate’s rejection order based on biometric verification failure

“A person’s identity is not lost when he is not recognized by a machine, and in such circumstances, his claim has to be verified on the basis of the documents which he possesses regarding his identification.”

Case Briefs High Courts

‘Power of inspection a necessary concomitant to maintain the standards of education’; Bombay HC upholds BCI’s power to inspect law colleges

“If BCI’s rule making power under Section 49(d) of Advocates Act, 1961 is given a restrictive meaning, the same will be contrary to object and purpose of Section 7(1)(h),(i),(l), and (m), which is enacted with the objective to empower BCI to promote legal education and to lay down standards of education.”