Case Briefs Archives

Leave encashment under Sikkim Leave Rules

Supreme Court overturns Sikkim High Court ruling on leave encashment for re-employed retired government employees beyond 300 days under Sikkim Leave Rules

While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.

Case Briefs High Courts

‘Mother equal natural guardian, cannot be implicated in kidnapping her child’; P&H HC dismisses uncle’s habeas corpus plea for custody of 12-year-old nephew

The Court noted that the mother, who ordinarily resides in Australia, merely responded to the distress call of her child who was left with the house help by his father while he was on a business trip.

Case Briefs High Courts

Delhi HC dismisses BSNL’s appeal; Upholds ₹43.52 cr. arbitration award in favour of Vihaan Networks for pre-contractual work on 2G Network in Northeast

The genesis of the dispute lay in the Notice Inviting Tender by BSNL, acting on behalf of the Universal Services Obligation Fund, for the establishment and maintenance of 2G GSM BSS Network in remote and insurgency-affected areas of Arunachal Pradesh and Assam.

Case Briefs High Courts

Services provided to individual by advocate or firm are exempted from levy of service tax; Orissa HC quashes Rs. 2 Lakhs service tax notice

Services provided by an advocate or a Partnership firm of advocates providing legal services to any person other than a business entity and a business entity with a turnover up to rupees ten lakhs in the preceding financial year are exempted from the levy of service tax.

Case Briefs Supreme Court

Honour killing, an odious crime & ugly reality of deeply entrenched caste structure; must get a strong measure of punishment: SC

In the instant case, a young married couple in their early 20s were murdered via administering them poison in full view of the villagers.

Case Briefs High Courts

‘Non-bailable warrants must not be issued mechanically’; Punjab & Haryana HC quashes bail cancellation order of accused who missed one hearing due to ill health

“The issuance of non bailable warrants must not be exercised in a mechanical manner. It must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course.”

Case Briefs High Courts

MP High Court upholds Civil Judge’s dismissal for delivering verdicts in several criminal cases without writing judgments

“A judicial officer cannot pronounce the concluding portion of his judgment in open court without the entire text of the judgment being prepared/dictated.”

Case Briefs High Courts

‘Recording of evidence crucial part of trial’; Bombay HC denies relief to police officer who laughed at a Judge while deposing on video conference

A request by the Trial Judge to the petitioner-police officer’s superior Officer to frame Standard Operating Procedure (SOPs) for investigating agencies in giving evidence through video conference does not imply any personal vendetta of the Trial Judge against the police officer.

Case Briefs High Courts

Husband’s girlfriend not a ‘relative’ for prosecution under S. 498A IPC’; Gujarat HC quashes cruelty case

The Court held that the petitioner was the alleged girlfriend of the complainant’s husband, and no other status or relation had been assigned to her for prosecution under Section 498A of the IPC.

Case Briefs High Courts

Expenditure on Overburden Removal is Capital Expenditure, hence not deductible under S. 37(1) of Income Tax Act: MP High Court

‘Employee and community welfare expenditures incurred under statutory obligations or National Coal Wage Agreements are allowable business expenses under Section 37(1), being commercially expedient.’

Case Briefs High Courts

Delhi High Court refuses injunction against YouTuber in Doctor’s Choice Protein Review Case, Upholds influencer’s free speech backed by lab reports

Influencer marketing has emerged as a pivotal force in India’s digital landscape reshaping how consumers connect with brands across sectors, from fashion and beauty to food, technology and finance.

Case Briefs High Courts

‘Indian Courts not for sidestepping jurisdictional proceedings by foreign nationals’; P&H HC grants custody to Canadian woman whose husband allegedly abducted their son

“Permitting the husband to retain the custody of the minor son, despite an unequivocal foreign custody order to the contrary, would be antithetical not only to the legal rights of the petitioner but also to the rule of law, international comity, and, above all, the welfare of the child.”

Case Briefs High Courts

Hathras gang rape & murder case| Allahabad High Court refuses to quash criminal proceedings against suspended SHO

“Facts emerged in investigation not only indicate lack of sensitivity but dereliction of duty on part of accused, and act and omissions of accused violate the provisions of law and rules.”

Case Briefs High Courts

Allahabad High Court finds ADJ incompetent in judgment writing; Directs three months’ training at Judicial Training and Research Institute

The Court directed the District Judge, Kanpur Nagar, to transfer the Revision to another equivalent and competent court, other than the court of Dr. Amit Verma, Additional District Judge, if he was still posted there.

Case Briefs High Courts

Mere assertions or absence of recovery of narcotics from accused insufficient when nexus with narcotic network prima facie exists: Delhi High Court

The Court observed that accused prima facie seems to be involved in organized narcotic network and has been frequently in touch with the main supplier of the contraband and with the receiver of the contraband.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI approves Google’s ₹20.24 crore settlement in Android TV anti-competitive practices case

The CCI directed Google to submit annual compliance reports for five years and implement the Settlement Proposal per its submitted timeline.

Case Briefs Supreme Court

Can promotion be denied based on adverse confidential reports which were never conveyed to the employee, depriving of opportunity to representation? SC answers

The Commandant with Border Security Force (BSF) was denied promotion to the post of Deputy Inspector General from the date his juniors were promoted.

administrative action violation of natural justice

Case Briefs Supreme Court

Setting aside administrative action on grounds of violation of natural justice principles doesn’t bar administrative authorities from proceeding afresh: SC

“Principles of natural justice are not applicable at the stage of reporting a criminal offence. Providing an opportunity of being heard prior to the commencement of a criminal action, would frustrate the very purpose of initiating a criminal proceeding, which is to meet the ends of justice”.

Case Briefs Supreme Court

Misguiding the Court to pass an order, which was never intended to be complied with, is commission of Contempt: SC

“Misuse of the process of Court with an intent to tarnish the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked”.

Case Briefs High Courts

[POCSO] Alcohol-Fueled attempt to grope breasts not attempted rape: Calcutta High Court

“The evidence of the victim girl and the medical examination report prima facie do not indicate that there was any penetration or rape committed by the petitioner on the victim girl nor that he attempted to penetrate.”