Case Briefs Archives

Pendency of Arbitration does not prevent stamp authorities from initiating proceedings; Show Cause notice not an adverse order affecting parties’ rights: Allahabad HC

“The right to know and to effectively respond to the charges has been recognized as a fundamental feature of any administrative adjudicatory process. It is a fundamental principle of fairness that a party should have prior notice of the case against him and an opportunity to properly respond to the same”

Case Briefs High Courts

Delhi High Court: FEMA does not immunize IPC offences; ₹3,500 Cr Hawala accused can’t escape criminal charges

The case began with a search and seizure by the Enforcement Directorate under Section 37 of FEMA at the petitioners’ premises and during the operation, the petitioners allegedly confessed to illegal hawala transactions worth ₹3,500 crore routed abroad using fabricated documents to remit money to their companies in Hong Kong and Canada.

Case Briefs High Courts

Bombay HC denies relief to Symbiosis Law School student, suspended for her Instagram post on ‘Operation Sindoor’

The Court took note of the various posts by the petitioner on her Instagram, where most of the posts appeared to be political in nature, however, one post appeared to be contrary to the official version of the Government of India in relation to “Operation Sindoor” carried out recently.

Case Briefs High Courts

‘Granting relief will malign noble profession of advocacy’: Delhi HC dismisses anticipatory bail plea of an advocate in a road rage case

“Quite often, it is seen that road rage leads to loss of human lives as well. The damage caused gets aggrandized when one of the aggressors is a lawyer while the other is a President of a political organization.”

Case Briefs High Courts

‘Ban on manufacturing plastic of less than 120 microns’; Meghalaya HC issues set of directions to prevent use of plastic

Plastic waste cannot be easily recycled or safely destroyed. It causes waste management problems because of its long natural life; it chokes waterbodies and the drainage system, accumulating garbage in public places.

Case Briefs High Courts

‘Adopted similar modus operandi of habitually entering into dubious transactions’; Bombay HC rejects anticipatory bail plea of real estate agent who allegedly conspired to cheat restaurant owner

The applicant did not approach the Court with clean hands which is the sine qua non, in an application for pre-arrest bail and the complaint has merit for which the applicant may have to be interrogated for effective and appropriate investigation as the law would mandate.

Case Briefs Supreme Court

[Forest Conservation] | Supreme Court directs constitution of SITs to investigate illegal conversions of Forest Land

In the instant case, reserved Forest Land in Village Kondhwa Budruk, Pune was allotted to private builders after bypassing the doctrine of public trust, thereby revealing an unholy nexus of Politicians, Bureaucrats and the Builders.

Case Briefs High Courts

‘Example of internet-famous, unqualified quacks exploiting people’s insecurities’; P&H HC refuses anticipatory bail to influencer whose hair oil allegedly injured 71 people

“One cannot overlook the role played by the so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world. In a bid to meet these fickle societal standards of beauty, vulnerable people go to extreme lengths and even undergo risky procedures.”

Case Briefs High Courts

Rajasthan High Court seeks State’s response on denial to extend the tenure of Chairman and Members of Permanent Lok Adalat

The Court cautioned respondent 4 (Principal Secretary, Law and Legal Affairs Department) to remain “alive to his duty” to file a proper and complete affidavit.

Case Briefs High Courts

Prolonged incarceration undermines right to life and liberty; conditional liberty must take precedence over statutory restrictions u/s 21 of MCOCA: Delhi HC

The accused has spent more than six years in custody, despite which, the matter is still at the stage of examination of prosecution witnesses and only 11 out of 100 witnesses are examined till now.

Case Briefs High Courts

‘Merely providing wrong policy number doesn’t rule out insurance company’s liability’; Jharkhand HC refuses relief to Reliance Insurance for carpenter’s death

“The claimants are not supposed to know the exact policy number, and they have gathered it from somewhere and produced it before the Motor Vehicle Accident Claim Tribunal.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘LOCs can’t be treated as guarantee under S. 126 of Contract Act’; Arbitral Tribunal refuses liability of Zee & Essel in repaying loan given to SNL by Aditya Birla Finance

“Zee and Essel undertook to ensure that SNL would fulfil its obligations and assured that the outstanding amount would be paid. To treat the said LOCs as guarantees would amount to adding words which were not written.”

Case Briefs High Courts

MP High Court deprecates practice of Advocates filing affidavit affirming client’s factual assertions; directs Bar Association to issue guidelines

‘Fact that the appellant is falsely implicated and has not committed any crime, can’t be verified by an Advocate as he was not present at the time of incident.’

Case Briefs Supreme Court

Supreme Court urges sensitization of officials and creation of more POCSO Courts to combat delays in child rape trials

“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained.”

Case Briefs Supreme Court

Claims can’t be bisected into arbitrable and non-arbitrable at the stage of appointment of arbitrator under Section 11 of A&C Act: Supreme Court

“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”

Case Briefs High Courts

‘Illegality is inherently incurable’; Bombay HC upholds demolition order against Aaryans World School, Pune for illegal structure

The Gram Panchayat’s permission/NOC has no relevance, and the required permission ought to have been obtained from the Collector in the absence of any Authority.

Case Briefs High Courts

Rajasthan High Court takes suo moto action over non-functioning of 16 Permanent Lok Adalats

The Court noted that although courts generally refrain from interfering in government policy, they are constitutionally obligated to intervene when such decisions infringe upon rights like access to justice or fair trial.

Case Briefs Supreme Court

Supreme Court directs High Courts to frame or amend rules for recruitment and service conditions for Court Managers; Issues directions for their regularisation

“The Court Managers having served for years, after rendering their services for such a long period, if they are not made permanent and are to be thrown away at this stage, it would cause a great hardship to them”

Case Briefs Supreme Court

Supreme Court urges courts to exercise suo motu powers in cases involving misleading arbitration clauses drafted by lawyers

“What is most shocking to our judicial conscience is the incontrovertible reality that the parties in the present cases have spent nigh a decade acrimoniously litigating over the method of dispute resolution itself, while their actual qualms against each other remain deeply buried under the surface—effectively stuck in limbo.”

Case Briefs High Courts

All that MP High Court said on registration of FIR against BJP Minister Vijay Shah in Col. Sofiya Qureshi Remark Case

“This is gross subterfuge on the part of the of the State. The FIR has been drawn in a manner so as to assist the suspect Mr. Vijay Shah to be able to have the FIR quashed on a later date.”