Case Briefs Archives

Delhi High Court ART Act Frozen Embryo Transfer

Age limit under ART Act Applies to Initiation of Treatment, Not Continuation Through Cryopreserved Embryos: Delhi HC Permits 50-Year-Old Woman to Undergo Frozen Embryo Transfer

The distinction between initiation of a fresh ART cycle after crossing the statutory age threshold and continuation of an already commenced treatment involving existing cryopreserved embryos cannot be lost sight of.

Case Briefs Supreme Court

Marriage Dead for All Practical Purposes Must Be Nullified; Parties Cannot Be Compelled to Remain Married by Court Orders: SC Grants Divorce on Irretrievable Breakdown After 20 Years

The Court held that the marriage was dead for all practical purposes, warranting to be nullified under Article 142 to grant a decree of divorce.

Case Briefs High Courts

Delhi HC Protects Naga Chaitanya’s Personality Rights; Restrains Use of Name and Likeness in Deepfakes, Pornographic Content and Unauthorised Merchandise

Delhi High Court granted interim protection to actor Naga Chaitanya against the unauthorised use of his name, image, voice and likeness in deepfakes, AI-generated content, pornographic material and unauthorised merchandise.

Case Briefs Foreign Courts

Scanning Thousands of Faces Without Consent Is Lawful If Policy Is Structured and Proportionate: UK High Court Upholds Metropolitan Police Live Facial Recognition Policy

UK High Court observed that the Policy incorporates detailed guidance and a structured three-stage proportionality assessment to ensure that any interference with fundamental rights is properly justified.

Case Briefs High Courts

Can Preventive Detention be Invoked Immediately After Bail is Granted? Punjab & Haryana High Court Explains Why it Cannot be Used to Bypass Judicial Decisions

The High Court held that where ordinary criminal law provides adequate remedies, the State cannot bypass judicial scrutiny and directly invoke preventive detention merely because the accused has secured bail or because prosecution under ordinary law may involve procedural rigours.

doctrine of proportionality public land allotment

Case Briefs Supreme Court

Doctrine of Proportionality Bars Demolition 17-Year-Old Commercial Complex Affecting 8,000 Livelihoods; SC Directs Regularisation of Illegal CIDCO Allotment on Payment of ₹318.31 Crores

By judgment day, the mall had been running for seventeen years, supporting 8,000 livelihoods and generating ₹100 crores in annual tax revenue. The Supreme Court held that demolition would not vindicate the public interest, it would destroy it.

Case Briefs High Courts

‘Child Cannot Be Treated as a Pawn’: Kerala HC directs Family Courts to Follow Calcutta HC’s Child Custody and Access Guidelines; Restores minor’s custody to mother

Kerala High Court, exercising habeas corpus jurisdiction, intervened in a custody dispute involving unlawful removal of a minor child in violation of a Family Court decree, and ultimately directed restoration of custody to the mother, emphasising that such decrees cannot be circumvented except through due process of law.

Case Briefs High Courts

“Establishment” Under Census Act Not to Be Narrowly Construed; Private Sector Employees Including LIC Staff Can Be Requisitioned as Enumerators: Allahabad HC

“Once appointed for census work, such persons are deemed to be public servants and are under a statutory obligation to discharge the assigned duties.”

Case Briefs High Courts

Loss of Amenities Cannot be Ignored: Karnataka HC Enhances Motor Accident Compensation

Karnataka high court enhanced the compensation by ₹89,140. The Court must consider the loss of amenities, future earnings in motor accident claims especially when the accident left the petitioner disabled.

Case Briefs Supreme Court

Section 34 Limitation Commences Upon Disposal of Section 33 Proceedings by Arbitral Tribunal: Supreme Court

The Court clarified that limitation under Section 34, Arbitration Act, begins only upon disposal of proceedings formally instituted and entertained under Section 33 by the Arbitral Tribunal.

inspection unrelied documents Malkhana Section 207 CrPC

Case Briefs High Courts

Delhi Riots | Delhi HC permits Inspection of Unrelied Documents in Malkhana to Ensure Fair Trial

The Court, however, noted that considering the seminal importance and significance of the issues raised in it, it required a little more research and appreciation of law to decide these issues, which are relevant not only for these proceedings, but also in any other criminal proceedings.

Right to speedy investigation under Article 21

Case Briefs Supreme Court

Constitutional Courts Can’t Remain Mute Spectators to Endless Investigations; SC Orders Conclusion of Two-Decade-Old Probe Within Six Weeks

The present case is an unfortunate occasion where despite repeatedly knocking the doors of the Courts below, there had been an inordinate delay of nearly two decades in the investigation of a criminal complaint.

GST liability concessionaire principal contractor sub-contractor

Case Briefs High Courts

Rajasthan HC Upholds GST Demand Against Concessionaire; Holds Sub-Contracting Does Not Extinguish Tax Liability

“Where construction of roads was undertaken and the toll was being collected as a reciprocal arrangement under the agreement, there was no tax exemption because the collection of toll was essentially the consideration being received and amounted to annuity and in case of any ambiguity, the same was to be interpreted in favor of the revenue/state and not in favor of the assessee.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Rooftop Solar Systems are Movable Property: Jodhpur GST Appellate Authority Quashes Works Contract Demand and IGST on CIF Ocean Freight

‘The appellate authority held that rooftop solar power generating systems remain ‘movable property’ where they can be dismantled and relocated without substantial damage and therefore cannot be classified as works contracts under Section 2(119), CGST Act.

Case Briefs Supreme Court

Criminal Antecedents Are Not Merely a Matter of Record, They Bear Directly on Whether an Accused Will Abide by Bail Conditions: Supreme Court Cancels Bail of 3 in Hospital Murder Case

The Supreme Court set aside bail granted to 3 accused in a hospital murder case, holding that the High Court failed to consider their specific roles and serious criminal antecedents. The Court reiterated that custody period and delay in trial cannot alone justify bail in heinous offences involving armed mob violence.

Case Briefs Foreign Courts

From Fictional Fame to Trade Mark Protection: EU Court Clarifies Reputation and ‘Link’ Analysis in OBELIX Trade Mark Dispute

EU Court emphasized that the mere popularity of a fictional character or a comic series does not establish a trade mark’s reputation. The relevant question is whether the public perceives the mark as an indicator of the commercial origin of goods or services.

Case Briefs High Courts

Revisiting Motor Accident Compensation: Read Karnataka High Court’s assessment in fatal accident cases

In the present case, a motor vehicle accident involving 2 motorcycles resulted in grievous injuries to 1 appellant and the death of the other, a 30-year-old supervisor employed in a private company.

Case Briefs Supreme Court

“Evident Advantage to Minor” is Governing Standard under Section 8, Hindu Minority and Guardianship Act; SC Allows Development of Minor’s Undivided Share in Property

The Court held that guardian’s consent does not replace Court’s independent duty to assess whether transaction serves minor’s best interests.

Cross-border hydro power procurement from Bhutan

Case Briefs Tribunals/Commissions/Regulatory Bodies

Peak Summer Demand and Energy Security Justify Long-Term Import of Bhutan Hydro Power; UPERC Approves 511 Mw Procurement

“The project’s peak supply period is suitably aligned with the peak summer month’s demand with 4 hours of storage capacity to substantially assist UPPCL in meeting its peak hour power requirement.”

Case Briefs Supreme Court

‘Stop Filing Affidavits and Start Acting’: Supreme Court Issues Sweeping Directions to Three States as Illegal Sand Mining Continues to Destroy the Chambal Sanctuary

Reaffirming the importance of environmental flows, biodiversity conservation, and institutional accountability, the Supreme Court stressed that environmental protection requires sustained and time-bound action on the ground rather than mere administrative assurances or delayed compliance.