Case Briefs Archives

Objections under S. 47 CPC not allowed in enforcement proceedings of arbitral award, allowing such objection undermines S.34 A&C Act: Delhi HC

“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”

Case Briefs High Courts

‘Doctors have no incentive to willfully endanger life in trust-driven healthcare ecosystem’; Rajasthan High Court quashes FIR alleging Medical Negligence

“The solemn obligation of the legal system is to distinguish between misfortune and culpability, and to ensure that human suffering, however profound, does not substitute for proof required under the law.”

Case Briefs High Courts

Public Information Officer neither has power nor duty to conduct an inquiry under Section 7 of Right to Information Act: Kerala High Court

“Assuming that there is negligence on the part of the petitioner to that extent, an isolated instance of negligence as alleged against the petitioner cannot be a reason to decline approval to the appointment of the petitioner as Principal which was made after a due selection process.”

Case Briefs High Courts

‘Article 20(3) of Constitution not attracted’; Bombay HC orders wife to give voice sample to verify husband’s claim of extra marital affair

The Magistrate in the matters of domestic violence has the power to adopt the procedure as per Section 28(2) of the Protection of Women from Domestic Violence Act, 2005 and exercise of such power depends on the facts and circumstances of each case.

Case Briefs High Courts

Bigamy not applicable to Muslim man under Mohammedan Law unless second marriage is void under Shariat: Allahabad High Court

Allahabad High Court highlighted that the Quran permits polygamy for just and fair reasons, but in modern times, this provision is often misused for selfish purposes.

Case Briefs High Courts

Delhi HC directs Saket Gokhale to publish apology to Lakshmi Murdeshwar Puri; rejects sealed cover apology

The respondent was directed to publish an unconditional apology on his X (previously Twitter) Handle and in Times of India, in a time bound manner and the petitioner was held entitled to damages for a sum of Rs 50 lakhs.

Case Briefs High Courts

Cessation of employment by wife to raise her child cannot be viewed as voluntary abandonment of work; Wife entitled to maintenance: Delhi HC

The wife was previously employed as a guest teacher. However, owing to the compelling responsibilities of single-handedly raising the child coupled with the burden of long commuting hours, she had to discontinue her employment.

Case Briefs High Courts

“Systematic attempt to mint more money under PMJAY scheme”; Gujarat HC dismisses bail plea of doctor accused in Khyati Hospital Angioplasty Scandal

The Court stated that the fact remained that seven patients were forced to undergo the procedure of angioplasty without their wish and without any need in some cases. Furthermore, the material on record suggested that no proper post operational care was taken.

Case Briefs High Courts

‘Bribery strikes at root of public administration, erodes public faith in govt. institutions’; Punjab and Haryana HC rejects anticipatory bail plea of Junior Engineer

“The demand for Rs. 1000 — however modest in quantum — is not to be seen in isolation but must be viewed in light of the position held by the accused engineer and the context of the demand. The act of coercing an ordinary citizen to pay a bribe for availing a rightful service, amounts to gross misconduct.”

framing mandatory guidelines criminal appeals

Case Briefs Supreme Court

Supreme Court proposes framing of mandatory guidelines for expeditious appraisal of criminal appeals

“We say so being fully cognizant of the fact that the judiciary’s efficient functioning is a necessary pre-requisite to maintain the trust and faith of the consumers of justice in the justice delivery system”.

Case Briefs High Courts

Gauhati HC directs return of Nigerian citizen who was illegally detained for about 4 years

The foreigner had been arrested in 2020 and convicted in 2021 for entering into India without any valid travel document. However, despite completing his sentence his detention continued.

Case Briefs Supreme Court

‘Experience shows that points-based assessment is not flawless’; Breakdown of SC’s new take on Senior Advocate Designation process

“The point-based process deserves deletion in exercise of powers reserved in paragraph 74 of Indira Jaising-1. When we do this, it will not amount to a review or recall of the decisions. After finding that the point-based assessment is not workable, we will be failing in our duty if we fail to do what we are expected to do.”

Case Briefs High Courts

Undertrials must first seek Court permission to travel abroad before applying for issuance or renewal of passport: Allahabad High Court

“It goes without saying that as per Official notification dated 25-08-1993 relaxation under Section 6 (2) (f) of the Passport Act, 1967 applies to only those persons who produce orders from the Court concerned permitting them to depart India, otherwise, the rigour of refusing issuance of passport would follow consequently”

Case Briefs High Courts

Bombay HC grants temporary injunction to Metro Brands for mark ‘Metro’; restrains MetBrands (P) Ltd. from using mark ‘MetBrands’

Around December 2021, when the applicant decided to go public by floating an IPO that the defendant commenced use of the name METBRANDS and until that time, the defendant was operating and offering goods and services under the name ‘METRENDS’.

Case Briefs High Courts

MP High Court takes suo motu action against BJP Minister Vijay Shah for using ‘scurrilous language’ against Col. Sofia Quraishi

“The armed forces… reflecting integrity, industry, discipline, sacrifice, selflessness, character, honour and indomitable courage… has been targeted by Mr. Vijay Shah who has used the language of the gutters against Col. Sofia Quraishi.”

Case Briefs Supreme Court

Supreme Court acquits husband in 498A IPC case, expresses concern over misuse of dowry and cruelty provisions

The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.

Case Briefs High Courts

‘Punjab ought to have approached Centre but did not’; Here’s why Punjab & Haryana HC directed removal of Punjab Police deployed at Bhakhra Nangal Dam

On 01-05-2025, allegedly, Punjab forcibly took control of the operations and management of the Bhakhra Nangal Dam and Lohand Control Room Water Regulation Offices by deploying a large number of police personnel with the ultimate object of forcibly preventing the Bhakra Beas Management Board from releasing water to Haryana.

Case Briefs High Courts

CBI cannot be rendered helpless in investigating further if during trap proceedings more information is received about offence/offenders: Delhi HC

Special Public Prosecutor submitted that there are 194 intercepted calls, revealing incriminating conversation involving the petitioner in negotiations and distribution of illegal gains. Thus, a larger conspiracy is to be unearthed, for which the custodial interrogation is needed.

Case Briefs High Courts

Delhi High Court grants anticipatory bail in NDPS Case due to absence of nexus between accused and drug recovery

The Courts should exercise restraint in the grant of pre-arrest bail in NDPS cases, however, in the absence of any direct recovery from the applicants and considering that the investigation is already complete, no purpose would be served by subjecting the applicants to incarceration.

Case Briefs Supreme Court

There can be a departure from the Schedule of Employees’ Compensation Act, 1923 in deciding functional disability: Supreme Court

“A careful reading of the provisions clearly demonstrates that if more than one injury is caused in the same accident the amount of compensation payable under the Act shall be aggregated, but not to the extent of such aggregation exceeding the amount which would have been payable if permanent total disablement had resulted from the injuries.”