Case Briefs Archives

Rajasthan High Courts directs police to conduct fair & expeditious investigation against Sarpanch amid political vendetta concerns

“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”

Can’t deny benefit of ‘experience mark’ to former outsourced employee merely because they weren’t appointed on sanctioned post: SC

“The true thrust of every selection process ought to be to find out and select suitable candidates, having experience in the related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing the more meritorious of those found suitable”.

Case Briefs High Courts

‘Street Dogs pose a menace to the public’: Meghalaya HC directs State to acquire dog shelters for vaccinated and sterilized stray dogs

“There is an absolute need for the Municipal Board to acquire a shelter where these street dogs can be kept.”

Case Briefs High Courts

‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; P&H HC upholds police constable’s dismissal made in 1995 for relations with extremist group

From the perusal of the reports received from State of West Bengal, it is observed that the petitioner was misusing his official position. The petitioner went to Kolkata without informing his seniors and without getting prior approval. He was posing himself as Gunman of purported President of District Congress Dal, Amritsar.

Case Briefs High Courts

Allahabad High Court acquits seven in 2004 rape and kidnapping case; Raises possibility of victim’s involvement in crime

“The medical evidence on record does not support the allegation made by prosecutrix and there is no other corroboration of the version of the victim.”

Case Briefs High Courts

Delhi High Court allows CISF appointment for candidate facing serious criminal charges pending final outcome

The petitioner has been successful in obtaining employment with the CISF based on his own merit and qualification. In case the petitioner is not allowed to join, subject to the pendency of the criminal case, the petitioner may lose this opportunity for all times to come, and this loss would never be compensated.

Case Briefs High Courts

‘Once decision is made, compensation cannot be arbitrarily reduced below minimum threshold’; Delhi HC directs acid attack victim to be awarded 3 lakhs as compensation

The Court inferred that the minimum compensation amount that was set out for the victim was contradictory to the intended purpose of providing adequate rehabilitation and care to acid attack victims.

Case Briefs High Courts

Bombay HC grants temporary injunction to Metro Brands Ltd. for mark ‘MOCHI’ against mark ‘DESIMOCHI’; declares ‘MOCHI’ as a well-known mark

Every trade mark registration is separate and independent and a disclaimer in one registration cannot be read or imported into another. In comparing marks as a whole, mere addition of a generic prefix by defendant will not negate the actionable similarity between the rival marks where defendants’ mark contains whole of applicant’s mark (particularly the distinctive/leading/memorable/essential feature).

Case Briefs Supreme Court

Conversion to derive reservation benefit without actual belief in other religion can’t be permitted: SC

In the instant case, the Court rejected the appellant’s contention that caste would be under eclipse upon conversion and will resume upon reconversion.

Case Briefs High Courts

Class 10 marksheet, being a public document under Section 35 of Evidence Act, more credible than school admission forms: Rajasthan High Court

“It was not within the Election Tribunal’s jurisdiction to overlook the mark-sheets issued by a competent officer of the Board of Secondary Education pertaining to the date of birth of petitioner’s two children.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Delays arising from statutory compliance not force majeure’; NCLT admits insolvency proceeding against Raheja Developers

The NCLT held that non-delivery of possession despite payments and continued acknowledgment of liability through emails and communications proved default under Section 7 IBC.

Case Briefs High Courts

Courts may not interfere in cases where sufficient reasons are contained in Medical Report; Delhi HC upheld ineligibility of an aspirant seeking admission in medical course

In the present case, highly qualified and experienced medical doctors were to render an opinion as to whether the appellant is eligible to complete the MBBS Course, even if the appellant was to only become a teacher. That opinion had been rendered in detail.

Case Briefs Supreme Court

[S. 14 HSA] ‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance: SC reiterates

“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”

Case Briefs High Courts

Gauhati HC directs filing of affidavit regarding availability of Blood Banks and Blood Storage Units in 17 districts of State of Nagaland

The issue raised is of substantial importance particularly to those residing in rural areas and not having access to adequate and sufficient medical and health necessities by way of hospitals and other ancillary facilities offered in those hospitals.

Case Briefs District Court

Land Dispute | Rajasthan Court issues notice on suit claiming Ajmer Sharif Dargah as “Sankat Mochan Mahadev Temple”

The plaintiff, Hindu Sena chief cited historical records of a Shiva Linga beneath the site and sought direction to the ASI to conduct a survey of the Dargah premises to confirm the existence of remnants of the Shiva temple.

Case Briefs High Courts

Telangana HC declares Section 10-A of Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 as ultra vires

There exists no power under Section 101 of the Andhra Pradesh Reorganisation Act, 2014 to introduce an independent provision like Section 10-A in Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994, which runs contrary to an existing provision i.e., the Andhra Pradesh Intermediate Education Service Rules, without amending, modifying, or repealing it.

Case Briefs Supreme Court

Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: SC

The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.

Case Briefs High Courts

Calcutta HC injuncts West Bengal Govt. from creating any 3rd party interest during pendency of proceedings over ₹2171 crore Essex arbitral award

Calcutta High Court: A petition was filed by Essex Development Investments (Mauritius) Limited (award-holder) seeking the execution of an arbitral award amounting

Case Briefs Supreme Court

Land allocation at basic rates to privileged groups is ‘capricious’ and ‘irrational’; SC strikes down land allotment policy favoring Judges, MPs, MLAs, and Journalists in Hyderabad

“Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment.”

Case Briefs High Courts

Orissa High Court directs SBI to pay Rs. 1 Lakh compensation for not returning title deeds of mortgaged property after loan settlement

“Once the loan was resolved, there was no legal reason for the Bank to withhold the return of the title deed, regardless of the pending litigation. Therefore, the refusal to return the document is unjustifiable.”