Case Briefs Archives

‘‘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.

Case Briefs High Courts

‘Will cause interference in functions of elected body’; Allahabad HC stays order of Chairman, Bar Council of U.P. directing constitution of new Elders Committee

The impugned order dated 12-01-2025 was recalled with a direction to constitute a new Elders Committee and hold elections under the supervision of the Observers appointed by the Bar Council.

Case Briefs High Courts

Simply because application to refer parties to arbitration is rejected, right to file written statement cannot be forfeited on same date: Andhra Pradesh HC

The High Court held that the Trial Court ought to have passed separate order, in accordance with law, considering the provisions related to filing of the written statement and its forfeiture, also, keeping a view that the procedural law is handmaid of justice and the Court has the power to extend the time for filing of the written statement in the facts and circumstances of each and every case.

Case Briefs District Court

Rohini Court injuncts counterfeiter from infringing Ghadi’s packaging and tagline ‘Pahle Istemal Karen Fir Viswash Karen’

The Court held that the defendant had no real prospect of successfully defending their claim for tagline “Hamesha Istemaal Kare or Kapde Me Chamak Paaye”; and there was no other compelling reason as to why the Ghadi’s claim should not be disposed of before recording of oral evidence vide a summary judgment.

Case Briefs High Courts

Sarpanch resigning under Section 29 of Maharashtra Village Panchayats Act, 1959 entitled to withdraw the same during its verification in Panchayat meeting: Bombay HC

Once the resignation is withdrawn, there is nothing to be discussed in the Gram Panchayat meeting and the meeting qua the subject of resignation must be terminated immediately after desire for withdrawal for resignation is expressed.

Case Briefs High Courts

‘Distributor contractually obliged to maintain favourable reflection & protect goodwill’; Bombay HC injuncts distributor from damaging Wonderchef’s reputation

The Court granted injunction in favour of Wonderchef while bearing in mind that free speech cannot be lightly proscribed, and commercial speech formed a part of it.

Case Briefs High Courts

Wife’s temporary job will not disentitle her to claim maintenance from husband, if income from said job is insufficient for her maintenance: Kerala HC

“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”

Case Briefs High Courts

Bombay HC directs Registry to register Khadi’s device mark “PRAKRITIK PAINT” in respect of cow dung based paints

There is sufficient material on record to show that the petitioner is openly using the subject device mark in the context of its goods in the public domain and the Registrar completely ignored these documents while passing the impugned order.

Case Briefs Supreme Court

Proviso to S. 31(4) IBC mandatory in nature; Breakdown of SC’s 2:1 verdict holding AGI Greenpac’s Resolution Plan for HNGIL unsustainable

“Legislative intent behind inserting the proviso to Section 31(4) of the IBC would suggest that prior approval of the CCI was specifically mandated and it should not be seen as a flexible provision to be ignored in certain exigencies.”

Case Briefs High Courts

Gauhati HC takes suo motu cognizance of Umrangso Coal Mine Tragedy; directs filing of status report by State on actions taken against rat-hole mining

The Court took note of the fact that in Karbi Anglong District, rat hole mining is rampant, and it is either going unnoticed or authorities are not taking any action to stop them, despite having knowledge.

Case Briefs Supreme Court

SC directs Union to constitute Committee to consider legal framework for benefit, protection & regulation of domestic workers’ rights

“No effective legislative or executive action in furtherance of enacting a statute, which could prove to be a boon to millions of vulnerable domestic workers across the country, has been undertaken as of now. Over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws.”

Case Briefs High Courts

Human Rights Commissions not meant to be ‘toothless tigers’; must be ‘fierce defenders’ safeguarding the right to live without fear and with dignity: Delhi HC

Human rights are not ordinary rights. These rights are integral to Article 21, which recognizes the right to life. The reports and recommendations of Human Rights Commissions are needed to be treated with seriousness and not rendered edentulous or pointless.

Domicile reservation PG Medical Courses state quota

Case Briefs Supreme Court

Domicile/residence-based reservation in admission to PG Medical Courses within State quota is impermissible: SC

“Each citizen of this country carries with him or her, one single domicile which is the ‘Domicile of India’. The concept of regional or provincial domicile is alien to the Indian legal system.”