Case Briefs Archives

Exemption from Efficiency Test for promotion is a one-time exception, not a matter of Right: Rajasthan High Court

“A government employee cannot claim promotion as a matter of right and he can only be considered for promotion according to the extant Rules.”

Case Briefs High Courts

No unqualified right for the complainant to be heard at every stage of bail proceedings under JJ Act, 2015: Delhi High Court

The Court observed that the involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., ‘rehabilitation over retribution’ must remain paramount in any such determination.

Case Briefs High Courts

Rajasthan High Court admits plea challenging installation of retail fuel outlet near 11,000 KV High-Tension Line

“The Court granted liberty to respondent, HPCL, to invite respondent to establish the retail outlet at an alternative location pursuant to the Letter of Intent (LOI) issued to him.”

Case Briefs High Courts

Section 25(2) of HMA | Court can modify and grant maintenance exceeding the claimed amount upon proof of material change in circumstances: Orissa High Court

“The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent’s actual needs and the payer’s financial capability, even if the claim was initially understated.”

Case Briefs High Courts

Madras High Court allows CMRL to acquire land near two Hindu temples for metro station construction

“Almighty would undoubtedly shower his kindness and benevolence for the development of a metro rail station, which will benefit lakhs of people from all segments of society, some of whom may well be devotees, who visit the temple.”

Case Briefs High Courts

‘Every action disliked by a class may not lead to outrage of religious sentiments’; Bombay HC quashes case against Kailash Kher for hurting religious feelings in Lord Shiva song

“Every action that might be disliked by a class of people may not necessarily lead to the outraging of religious sentiments because an act without the intention to outrage religious feelings would not be covered under Section 295A.”

Case Briefs High Courts

Allahabad HC warns of ‘heavy penalty’ on State for unauthorised land utilisation without due acquisition process; Orders compensation for landowner

“Right to Property is protected under Article 300A of the Constitution of India, which ensures that no person can be deprived of their property without due process of law. It emphasized that land cannot be acquired without payment of due compensation, as mandated by law.”

Case Briefs High Courts

MP High Court strikes down notification exempting 62 Species of ‘Forest Produce’ from Transit Rules

“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”

Case Briefs High Courts

Delhi High Court awards ₹3.34 cr damages against Medserve for selling counterfeit Johnson & Johnson surgical products

“By selling counterfeit medical products, the defendants have not only inflicted substantial financial loss upon the plaintiff but have also misled the consumers who purchased these products under the false belief that they were genuine. Given the gravity of the infringement and the extent of harm caused, compensatory damages alone would be inadequate to compensate the plaintiff.”

Case Briefs High Courts

‘Well qualified husband who quits job to avoid paying maintenance to wife cannot be appreciated in civilised society’: Orissa HC upholds interim maintenance to wife

“Remaining unemployed is one thing and sitting idle having qualification and prospect to earn is another thing and if a husband being well qualified sufficient enough to earn sits idle only to shift the burden on the wife should not only be deprecated, but also be discouraged.”

Case Briefs High Courts

‘Will facilitate receipt of legal tender’; Bombay HC directs RBI to accept demonetized bank notes worth Rs 20 lakhs seized before deposit deadline

The Income Tax Department stated that it did not intend to seize the bank notes pursuant to which the police authorities returned the same to the petitioners on 14-1-2017.

Case Briefs High Courts

Section 4 RTI Act | Gauhati HC directs State to complete enrollment of Public Information Officers and other Departments on RTI portals

In 2023, the Supreme Court issued directions for all High Courts to facilitate the supply of information through online web portals and for all incidental purposes connected with the implementation of the Right to Information Act, 2005.

Case Briefs High Courts

‘Suicide note did not reveal any serious fight in recent past’; Punjab and Haryana HC grants anticipatory bail to wife accused of abetting husband’s suicide

The Court stated that the Trial Court would examine whether the deceased took a drastic step of ending his life due to the regular and constant instigation of the accused or due to the weakness of his mental health.

Case Briefs High Courts

“No ‘conscious possession’ of ammunition”: Delhi High Court quashes FIR against pilot trainee but imposes cost for lack of vigilance

The petitioner contended that he was undergoing training in South Africa to become a commercial pilot and was sharing a dormitory with other students who frequently borrowed his baggage for trips to shooting ranges for target practice.

Case Briefs Supreme Court

Law with ‘greater degree’ of punishment applies when convicted under IPC and POCSO both: Supreme Court

“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”

Case Briefs High Courts

Rajasthan High Court issues direction for Aviation Infrastructure Development in Jodhpur

“Despite being a historically significant city and a tourist destination, Jodhpur airport remains limited in capacity, with fewer direct flights to and from the major cities. This lack of efficient air travel options makes it less accessible as compared to other major cities of the country, limiting business as well as tourism potential.”

Case Briefs High Courts

Bombay HC grants bail to woman accused of inflicting burn injuries on her niece for spending Rs 10 on chocolates

The applicant, on earlier occasions also, had harassed, ill-treated, and beaten up the victim.

Case Briefs High Courts

‘Mere breach of a promise cannot give rise to criminal prosecution’; Gauhati HC quashes criminal proceedings against doctor accused of cheating man of Rs 2 Lakhs

“The act of breach of trust involves a civil wrong, in which an aggrieved person may seek redressal for damages in Civil Court, but a breach of trust with mens rea gives rise to criminal prosecution.”

Case Briefs High Courts

Companies complying with rules of Ministries and Public Regulators are not ‘State’ under Article 12, unless under pervasive Government control: Allahabad HC

“To determine whether an authority/body would fall under ‘State’ within the meaning of Article 12 would have to be determined on the cumulative facts of financial, functional and administrative dominance and/or control of the Government upon such a body. If such control is factually found, then the body would be treated as ‘State’ within Article 12.”

Case Briefs High Courts

Attempt to commit unnatural sex with minor boy: Kerala High Court reduces convict’s sentence to imprisonment for a day

“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”