Case Briefs Archives

MP High Court disposes of Guest faculty’s plea alleging coercion by college authorities to join RSS; State assures prompt action against authorities

The petitioner stated that college authorities compelled him to participate in activities of the Rashtriya Swayamsevak Sangh (RSS) which does not align with his personal beliefs.

Case Briefs High Courts

Yoga certificate not valid sports certificate for purpose of awarding bonus marks for PT Instructor recruitment: Rajasthan High Court

As per Ministry of Youth Affairs and Sports notification dated 21.12.2016, Yoga is not recognized as a sport.

Case Briefs High Courts

Delhi HC rejects plea against ‘2020 Delhi’ movie trailer allegedly based on 2020 Delhi Riots, calls petition ‘premature’

The petitions raise a common grievance that a Movie titled as “2020 Delhi” of which a ‘trailer’ is accessible on social media, depicts a highly prejudicial and distorted account of the riots that took place in North-East Delhi in February, 2020, and thereby create a false and disruptive narrative having serious repercussions.

Case Briefs Supreme Court

SC reaffirms principles of ‘solatium’ & ‘interest’ laid down in Tarsem Singh, (2019); says clarification on prospective application will nullify its relief

The Court stated that modifying or clarifying the judgment in Union of India v. Tarsem Singh, (2019) 9 SCC 304 would lend itself to violating the doctrine of immutability, undermining the finality of the decision.

Case Briefs High Courts

Kerala HC directs AWHO to demolish and reconstruct towers built for defence personnel to prevent casualties

The Army Welfare Housing Organisation (‘AWHO’) will pay the owners of Tower B and C, who were residing as of 29-03-2024, Rs 21,000 and Rs 23,000 respectively per month towards the expenses for alternate accommodation until reconstruction.

Case Briefs High Courts

Persons not having birth certificate due to socio-economic backwardness cannot be denied opportunity of competing in sporting events: Delhi HC

“This Court cannot be oblivious of the fact that on account of socio-economic backwardness, it may not have been feasible in some cases, to obtain the birth certificates/other documents evidencing the age of the person within certain years from the date of birth.”

Case Briefs High Courts

Mere threats not with intention to cause alarm would not constitute criminal intimidation; Delhi High Court upholds discharge of accused in sexual assault case

While framing of charges, the Court ought to look at the limited aspect of whether, given the material placed before it, there is grave suspicion against the accused which is not properly explained. Though, for the purpose of conviction, the same must be proved beyond reasonable doubt.

Case Briefs Supreme Court

One-sided Developer-Buyer Agreement; SC refuses to interfere in NCDRC’s order to refund amount in excess of 10% of BSP

The Court reiterated that one-sided Agreements, as in the present case, would be covered by the definition of term “unfair trade practice”.

Case Briefs High Courts

‘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’.”