Case Briefs Archives

‘Court’s dignity not so brittle that it shatters with stone thrown by madman’; Punjab & Haryana HC rejects false claim of illegal property grabbing by judges

“The tendency of malign the reputation of the judicial officer by the disgruntled elements, who failed to secure an order which they desire, is on the increase and it is high time that serious note is taken of the same.”

Case Briefs High Courts

‘If he goes back to his books, it can reform him’; Bombay HC grants bail to 19-year-old accused in robbery case, gives opportunity to continue education

“Constantly witnessing his peers moving ahead in life causes frustration which could create an emotion of rebellion, and coupled with the exposure to criminality in prison, it could easily gain traction and push him to become a hardened criminal.”

Case Briefs High Courts

MP High Court dismisses petition challenging removal of religious structure with ₹ 25,000/- cost; questions motive behind targeting one temple

“Being a journalist, petitioner ought to have conducted a survey in Indore or Madhya Pradesh about all the illegal constructions before filing this PIL. Therefore, such a petition cannot be treated as Public Interest Litigation when the petitioner is interested only in one temple.”

Case Briefs High Courts

Delhi High Court upholds deductibility of license fees paid by Remfry & Sagar for use of founder’s name and goodwill under Section 37 IT Act

A payment made for use of goodwill cannot possibly be viewed as being an illegal purpose or one prohibited by law. A person would be obliged to part with consideration for the use of goodwill if it seeks to derive benefit and advantage therefrom.

Case Briefs High Courts

‘Whether Section 50 CrPC mandates furnishing grounds of arrest in writing to accused, other than PMLA/UAPA cases?’; Bombay HC refers matter to Larger Bench

Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.

Case Briefs Supreme Court

‘All disabled candidates eligible for scribe’; SC directs Union for effective implementation, setting up of grievance redressal portal and periodic sensitisation

“All the benefits given to PwBD candidates must also be extended to PwD candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time, etc., except for reservation, in writing the examinations.”

Case Briefs Supreme Court

Term ‘manufacture’ in S. 3 of Drugs and Cosmetics Act excludes dispensing and packing of drug in ordinary course of retail business: SC

‘Manufacture’ is an inclusive term and includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution.

Case Briefs High Courts

MP High Court imposes cost of ₹50,000/- on State for harassment; directs Chief Secretary to caution DMs against politically influenced decisions

The Court held that lodging an FIR does not equate to conviction as per the requirements of the M.P. Rajya Suraksha Adhiniyam, 1990.

Case Briefs Supreme Court

‘Sexual intercourse by a man with his wife not rape’; SC quashes FIR against husband accused of abducting and raping wife

The victim-wife and the accused-husband married each other as per Sikh rites and ceremonies against the wishes of her family. The wife accused the husband of rape and also alleged that the marriage was solemnised forcibly by the accused.

Case Briefs High Courts

‘Fully aware of the familial relationship’; Delhi High Court declines to quash Section 376 FIR, finds prima facie case

There was no compelling material or evidence placed on record to establish that the continuation of criminal proceedings in the present case amounts to an abuse of the process of law

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC prohibits LDA, Experion Developers to make any constructions for Chica Loca by Sunny Leone in Experion Capital, Vibhuti Khand

SCDRC sternly took note of illegal constructions and illegal encroachments done by the opposite parties, thereby hindering the privacy and security of Allahabad High Court (Lucknow Bench) premises and residents of Experion Capital.

Case Briefs High Courts

‘Right of child precedes parents’ guilt’; Orissa HC restores custody of infant girl with biological parents accused of abandoning her and kidnapping male child from hospital

“The inalienable rights of the infant child supersede all the attending adverse circumstances alleged against the biological parents of the baby. Notwithstanding the pendency of the criminal proceeding, the petitioners were entitled to claim custody of the infant being biological parents under the ‘tender years doctrine’.”

Case Briefs High Courts

‘‘Halba’ and ‘Halbi’ are different Scheduled Tribes’; Bombay HC directs Committee to issue validity certificate considering pre-constitutional documents

By the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the Schedule—IX is amended by deleting the original Entry at S.No.13 as ‘Halba or Halbi’ and inserting Entry at S.No.19 as ‘Halba, Halbi’ for the State of Maharashtra, pursuant to the States Reorganization Act, 1956.

Case Briefs Supreme Court

Transferee pendente lite not entitled to come on record as a matter of right; impleadment will depend on nature of suit: SC

“Merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented”.

Case Briefs High Courts

Chhattisgarh HC denies bail to accused offering High Court Clerk job; Directs for criminal proceedings against person falling for cash-for-job scam

“Despite repeated warnings people were indulging in such allurements and becoming easy targets for touts.”

Case Briefs High Courts

Meghalaya HC issues contempt notice to Don Bosco Technical School management for demolishing School building which was under consideration for ‘heritage building’

“Perplexed and shocked at the most daring act committed by the management of the St. Anthony’s Lower Primary School.”

Case Briefs High Courts

Delhi High Court denies bail to accused in fake anti-cancer drug racket and counterfeit Keytruda and Opdyta injections

An entire syndicate with established network and properly defined roles exists and operates at different levels, which, when taken into consideration in entirety, clearly indicates that the proceeds of crime are more than Rs. 1 Crore.

Case Briefs High Courts

Delhi HC directs DLSA to ensure appropriate mechanism to monitor appearance of legal aid counsels; consider establishing mechanism to report non-representation

“The present judgment is only an attempt to put in place a mechanism to address delays caused by the non-appearance of legal aid counsels and to prevent the dismissal of cases involving individuals who are already vulnerable and seeking justice.”

Case Briefs High Courts

‘Claim under S. 33-C(2) ID Act limited to pre-exiting right/benefit’; Gujarat HC upholds Labour Court’s rejection of workman’s claim

The Court stated that there was no award passed by the Labour Court directing the respondent to pay the benefits claimed by the petitioner.

Case Briefs Supreme Court

Pollution by Tanneries in Vellore District | SC issues Guidelines; directs State and polluters to compensate affected persons

While Polluters Pay Principle focuses on directly penalizing offenders; the Government Pay Principle emerges from this context, aiming to hold governments accountable for regulatory and enforcement lapses.