Case Briefs Archives

Israel Occupied Palestinian Territory unlawful

Israel’s continued presence in the Occupied Palestinian Territory is unlawful; Must evacuate all settlers and Make reparations for damage caused: ICJ

The Court also opined that all States and International Organizations including UN, are under obligation to not recognize the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory as legal.

Case Briefs High Courts

MP High Court denies Writ of Mandamus to restrain authority from taking coercive actions based on alleged ‘illegal’ stop-construction interim direction

The Court held that a writ petition against a show-cause notice is generally not maintainable, as established in Union of India v. Kunisetty Satyanarayana, (2006) 12 SCC 28.

Case Briefs High Courts

Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”

Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.

Case Briefs High Courts

Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR

The physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent.

Case Briefs High Courts

Construction of public utility premises near Hanuman Mandir not detrimental to temple’s atmosphere and ecological balance: MP High Court

The Court stated that the petitioner’s failure to provide sufficient details and his criminal background further undermined his petition

Case Briefs High Courts

‘Existing issues sufficient’; MP High Court affirms trial court’s rejection of application for framing additional issues

The Court noted that the additional issue which states that “whether the registered sale deed dated 13.7.2017 was illegally executed” already covers all the ingredients which are necessary for execution of a valid sale deed.

Case Briefs Supreme Court

Watali Judgment not a precedent to deny bail to UAPA accused in long incarceration with no end to trial in sight: SC

In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.

Case Briefs Supreme Court

Inside Supreme Court verdict on legality of State Governments levying and collecting Authorization Fee/Border Tax

Supreme Court said the petitioners must consider challenging the State provision in the Act and that they should have first approached their jurisdictional High Courts to challenge their respective State enactments.

Case Briefs High Courts

Delhi HC directs AAI to appoint an applicant, earlier rejected due to typographical error in medical report

The Court perused the opinion of the Medical Board, which reflects that colour vision of the petitioner was normal and he was fit to be employed on the post in question.

Case Briefs High Courts

‘INDRP Policy does not require third parties to be heard’; Delhi High Court holds petition under S.34 of the Arbitration and Conciliation Act, 1996 not maintainable

Any third party claiming an interest in the domain name, without being bound by the INDRP, cannot allege that the award has been rendered in violation of principles of natural justice.

Case Briefs High Courts

Bombay HC refuses to permit AIR 10 candidate seeking participation in admission process at IISC, Bangalore, due to delayed application

The Court stated that granting such relief would cause injustice to other applicants who were similarly situated as the petitioner and who could not submit their applications by the prescribed deadline.

Case Briefs Supreme Court

Supreme Court rules on Court’s power under Section 151 CPC to recall insufficiently stamped instrument admitted and exhibited as evidence

Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.

Case Briefs High Courts

Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details

Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.

Case Briefs Supreme Court

SC sentences couple to 6-month simple imprisonment; calls ‘Imprisonment till rising of Court’ a flea-bite sentence for a serious offence of Bigamy

“The deserved punishment proportionate to the gravity of the offence is a continuous and continuing demand based on civic sense and unfailing in categories of serious offences where more than individual interest is also involved, the above rule of proportionality in providing punishment should not failed as otherwise it will impact the society.”

Case Briefs Supreme Court

Reservation for transgender persons in admissions and public appointments: SC seeks response from 3 States and 5 UTs by 31 August

In National Legal Services Authority v. Union of India, (2014) 5 SCC 438, the Court directed the Centre and State Governments to treat transgender persons as ‘Socially and Educationally Backward Classes’ of citizens and extend reservation in admission in educational institutions and for public appointments.

Case Briefs High Courts

Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty

The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.

Case Briefs High Courts

Delhi HC dismisses L’Oréal’s plea for cancellation of mark ‘CLARIWASH’ registered with a proprietor

The Court finds reconsideration of respondent 1’s application for registration of the trade mark ‘CLARIWASH’ registered 14 years ago, on account of procedural error manifestly unfair.

Case Briefs Supreme Court

Army Welfare Education Society not “State”; Service dispute between its educational institution & employees cannot be adjudicated in writ petition: Supreme Court

“Legitimate expectation, jurisprudentially, was a device created to maintain a check on arbitrariness in state action. It does not extend to and cannot govern the operation of contracts between private parties, wherein the doctrine of promissory estoppel holds the field.”

Case Briefs High Courts

Delhi High Court sets aside order cancelling GST registration of alleged Non-Existent Entity; directs entity to respond within 4 weeks

The Court stated that since the only allegation against the entity was that it was found to be non-existent, it was at liberty to furnish documents and material to support its contention that it continues to be a valid tax entity.

Case Briefs High Courts

[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years

The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit