Case Briefs Archives

Bhopal Gas Tragedy Victims’ Treatment and rehabilitation: MP High Court directs implementation of Monitoring Committee Recommendation

The instant matter related to the non-compliance of the Supreme Court’s directives for the treatment and rehabilitation of Bhopal gas victims.

Case Briefs High Courts

[Contempt of Court] Madras HC holds Sub Registrar and litigant guilty for fabricating Court documents; Sentences them to 2 months imprisonment and fine

Madras High Court: In a Suo Motu Civil Contempt Proceedings initiated against the contemnors for fabricating documents which were produced in court

Case Briefs High Courts

When can CBI be involved in an investigation? Kerala High Court answers

“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”

Case Briefs High Courts

Madras High Court stops re-release of Kamal Hassan starrer movie ‘GUNAA’ due to copyright infringement claims

Madras High Court said that the applicant has made out a prima-facie case for grant of ad-interim injunction as prayed for in this application

Case Briefs High Courts

Private complaint regarding doctor’s rashness or negligence cannot be entertained, unless accompanied by credible opinion of another doctor: Jharkhand HC

The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.

Case Briefs High Courts

[Noon Meal Scheme] Madras HC quashes Govt. Order excluding male heirs from compassionate appointment as illegal and violative of Art. 14 and 16 of Constitution

If 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.

Case Briefs High Courts

[Food Safety and Standards Amendment] Delhi High Court upholds 50% Increase in Pan Masala Warning Label Size to Enhance Public Health Awareness

The petition was filed by a company licensed to manufacture and trade Pan Masala brands like Rajnigandha, Tansen, and Mastaba seeking a declaration that Regulation 2(i) of Food Safety and Standards (Labelling and Display) Second Amendment Regulations, 2022 be declared as illegal and violative of Articles 14, 19(1)(a) and 19(1)(g).

Case Briefs High Courts

Delhi High Court directs Elderly Man to Spend Day in Court as Punishment for Contempt over Property Price Manipulation

The contemnor used the filing of the writ petition as another weapon in his armour to try and get the price reduced for the land. Such conduct of any person to abuse the judicial process cannot be ignored or left unpunished.

Case Briefs High Courts

Land Acquisition| Rightful Compensation claim requires proper adjudication under Section 64 of Right to Fair Compensation Act: MP High Court

If a person is of the view that the compensation has been paid to a wrong person, then the same can be a ground for making reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013.

Case Briefs High Courts

‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father

The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.

Case Briefs Supreme Court

Supreme Court grants interim bail to Arvind Kejriwal in PMLA case; refers question of arrest by ED to larger bench

“Any undue indulgence and latitude to the ED will be deleterious to the constitutional values of rule of law and life and liberty of persons. An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee.”

Case Briefs High Courts

Jharkhand HC refers contempt case against Advocate General and Additional Advocate General to larger bench for clarification in procedure to be adopted in contempt proceedings

The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.

Case Briefs High Courts

While imposing conditions for grant of bail, Trial Court has no power to direct any person to first apply for passport, obtain it, then surrender it: Bombay High Court

The unusual condition, which was imposed and later, was not modified, clearly shows that the Trial Court travelled beyond its powers and imposed such conditions, which was normally not required when granting bail.

Case Briefs High Courts

Bombay HC quashes Panaji City Corp. memo seeking recovery of Children’s Educational Allowance from employee whose son suffers from cerebral palsy

The Court noted that the petitioner did not misrepresent or commit fraud to derive benefit of reimbursement of the Allowance scheme; therefore, the issuance of the impugned memorandum was found to be arbitrary.

Case Briefs Supreme Court

Comprehensive breakdown of the Supreme Court Verdict on Divorced Muslim women’s right to seek maintenance under Section 125 CrPC

In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.

Case Briefs High Courts

‘If male passengers travel in compartments reserved exclusively for female passengers, they will be prosecuted’: Calcutta High Court

The Calcutta High Court observed that the frequency of the awareness drives conducted by the Railway Police Force should be increased so that this menace can be avoided.

Case Briefs Supreme Court

[Menstrual Leave Policy] Supreme Court asks Union Govt. to consult all stakeholders on model policy

Supreme Court clarified that this order will not stand in the way of the State Governments independently taking an appropriate decision

Case Briefs High Courts

Delhi High Court upholds Blocking of UK based ‘Briar App’ in Jammu and Kashmir due to Terrorist Activities

Sublime Software Limited developed an app called “Briar”, which is a Free and Open-Source Software (FOSS) which operates on a technology in which a person can directly send a message to another person even when there is no internet connectivity.

Case Briefs High Courts

Can a lengthy separation between parties be ground for irretrievable breakdown of marriage? Allahabad HC explains

“Only where one of the parties is seen to have voluntarily deserted the other and parties have continued in that status for a long period of time, then in view of other attending circumstances indicating there was no substance in the marriage, a conclusion may be reached that the marriage had been irretrievably broken down”

Case Briefs High Courts

[Central Government Health Scheme] Delhi HC directs Union to release reimbursement of employee’s medical bills who passed away after being diagnosed with COVID

The Court was of the view that the only test in such extraordinary situations must be as to whether the medical treatment is actually availed of. Once the answer is in affirmative, the reimbursement must be full while dealing with such cases pertaining to COVID pandemic.