Case Briefs Archives

Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim

Mere allegations of affiliation with Dawood Ibrahim do not attract the application of Section 20 of the UAPA; mere sharing of pictures of NDPS-prohibited substances does not attract the provisions of the NDPS.

Case Briefs High Courts

Delhi High Court directs removal of defamatory posts and videos against Dhanya Rajendran; grants ad interim relief

It was said that the allegations asserted did not seem to be premised on a public record document such as a criminal case that was registered or pending against Dhanya Rajendran.

Case Briefs High Courts

‘Love is blind but minor girl was made blind by intoxication to fulfil sexual desire’; Meghalaya HC upholds 20 yrs conviction for sexually assaulting minor girlfriend

In the guise of loving the minor girl, the boy had poured some intoxicating substance in the tea which made the girl unconscious and had aggravated sexual intercourse with her.

Case Briefs High Courts

District Magistrate not adjudicating authority under SARFAESI Act; only duty to assist secured creditor in taking possession of property: Jharkhand HC

The Court stated that by delaying the disposal of the application filed by the petitioner, the District Magistrate is frustrating the intent of law, which should not be.

Case Briefs High Courts

Know Why Karnataka HC Recalled its judgment holding watching website containing child porn not an offence under S. 67-B of IT Act, 2000

The Court in the impugned order had held that the petitioner watched a pornographic site, which would not become publishing or transmitting material as necessary under S. 67-B(a) and quashed the criminal proceedings against the petitioner.

Case Briefs High Courts

Bombay HC upholds rejection of compassionate appointment to deceased Junior Clerk’s son due to delayed application

The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.

Case Briefs High Courts

Delhi HC sets aside DDA’s decision declining the society’s request to celebrate Janamashtami Mohotasav in District Park

The Court asked DDA to ponder over what they have done to this city in terms of providing recreational activities open to all and how they intend to make Delhi a ‘Smart City’.

Case Briefs High Courts

Order granting/declining ex-parte interim measure in Commercial Arbitration Dispute is appealable under S. 37, A&C Act, 1996: Karnataka HC

In the instant appeal, the Court had to consider the interplay of Sections 9 and 37 of the A&C Act; Section 13 of the Commercial Courts Act, 2015 and Rule 9 of High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001.

Case Briefs Supreme Court

Not mandatory for plaintiff in specific performance suit to seek cancellation of subsequent sale deed executed by seller in favour of informed third party: SC

Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.

Case Briefs High Courts

Gujarat HC permits 15-year-old mentally challenged girl to undergo abortion at 28 weeks of pregnancy

“Considering the fact that the minor girl is aged about 15 years, and she is mentally challenged, coming from a very low strata of the society and considering her family background as well, in all probability the girl would face a lot of problems in raising the child.”

Case Briefs High Courts

Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault

The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Case Briefs Supreme Court

Supreme Court stays directive to Eateries along Kanwar yatra route to display names of owners and staff

The State of Uttar Pradesh, Uttarakhand and Madhya Pradesh issued the direction amidst preparations for the Kanwar Yatra, directing the shops and eateries to display the names, addresses, mobile numbers of owners and their staff.

Case Briefs High Courts

‘TC is a procedural tool to ensure child’s admission, cannot form basis for denying admission in school or to collect arrear of fees from parents’: Madras HC

“Payment of tuition fees is the duty of the parents towards the schools. Any default in the same ought to be recovered from the parents by the school concerned in the manner known to law. Instead, making entries of non-payment of fees on TC in the child’s name is humiliation for the child. ”

Case Briefs High Courts

‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC

By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.

Case Briefs High Courts

‘Situation not emergent to justify parallel adjudication by Court’: Delhi High Court dismisses Section 9 Arbitration petition due to Lack of Urgency

“When the Arbitral Tribunal is in seisin of disputes between parties, there is the pernicious possibility of any observation being made by the Court influencing the proceedings before the Arbitral Tribunal”

Case Briefs Supreme Court

Supreme Court sets aside withdrawal of prosecution of MLA accused of double murder in broad daylight

“The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings.”

Case Briefs High Courts

Bombay HC holds retired professor entitled to pensionary benefits; directs authorities to perform formalities

The Court emphasised that the respondents did not object to the petitioner’s continuation of service for twenty-three years. Therefore, depriving the petitioner of pensionary benefits on the ground that a formal order of de-reservation was not passed, even though the ingredients were satisfied, would be unjust.

Case Briefs High Courts

Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores

Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”

Case Briefs High Courts

Delhi High Court stays debarment order by Food Corporation of India for being violative of principles of natural justice

The Food Corporation of India issued the undated communication after various defects were noticed in the Demolition and Reconstruction of 20 Residential Flats in Sector 27, Noida.

Case Briefs High Courts

‘Online filing of nominations will maintain purity of elections’; Tripura HC directs State Civil authorities, Election Commission to provide adequate security to candidates willing to submit nomination papers

The online filing of nominations will play a vital role in fulfilling the commission’s statutory duty to maintain the purity of elections.