Case Briefs Archives

Patiala House Court orders attachment of Bikaner House to enforce payment under an arbitral award

The Nagar Palika of the State of Rajasthan failed to comply with court order to file an affidavit of assets despite being given multiple opportunities and failed to pay the petitioner in accordance with the arbitral award.

Case Briefs High Courts

Jharkhand HC directs State to regularize services of a man appointed on daily wage and later contractual basis for utilizing his services from 2008

In violation of the constitutional mandate to make appointment on regular basis, the State of Jharkhand appointed the appellant on daily wage basis and subsequently, on contractual basis and were utilizing the services of the appellant. There was no valid explanation for the same.

Case Briefs Supreme Court

Read why Supreme Court dismissed NOIDA Special Economic Zone Authority’s appeal for claim of Rs. 6 Crore against corporate debtor

The claims pertaining to the transfer fees, etc., cannot be dealt with by courts or tribunals as the same relates to the commercial wisdom of the Committee of Creditors for they are the best persons to determine their interests, and any such interference is non-justiciable except as provided by Section 30(2) of IBC 2016.

Case Briefs High Courts

Delhi HC dismisses Revision Petition to challenge Order by ADJ holding suit for specific performance of oral agreement to sell maintainable

‘It is no longer res integra that to determine an application under Order VII Rule 11 of Civil Procedure Code, it is only averments made in the plaint that can be considered.’

Case Briefs High Courts

Parties in appeal not entitled to produce additional evidence as a matter of right; allowed only in exceptional circumstances: Gujarat High Court

“Where the additional evidence sought to be adduced removes the cloud of doubt over the case, the evidence has a direct & important bearing on the main issue in the suit and interest of justice clearly renders it imperative that the evidence must be permitted to be taken on record, then such an application may be allowed.”

Case Briefs High Courts

Husband forcing wife to quit job & live as per his wish and style amounts to cruelty: Madhya Pradesh High Court

The wife was appointed as Assistant Manager in LIC Housing Finance Ltd., and at time the respondent was doing nothing, this was the reason why husband compelled the appellant to leave the job and stay with him.

Case Briefs High Courts

Internal Complaints Committee obligated to attempt Conciliation to settle sexual harassment case before starting inquiry: MP High Court

“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”

Case Briefs High Courts

Priority in admission to KV under Grandparents Sponsoring Quota can’t be construed to be a vested right: Karnataka HC

The Court pointed out that the guidelines 2024-25 expressly did not provide preference to the grandchildren of serving/retired employees. When such a preference was specifically not provided in the current guidelines governing the admission process, then such admission cannot be considered as per previous guidelines.

Case Briefs High Courts

Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC

Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.

Case Briefs High Courts

‘Convicted u/Section 6 of POCSO Act instead of Section 4’; Patna HC directs release of an old man after 10 years’ imprisonment; enhances victim compensation from Rs 4 to 5 lakhs

The Trial Court did not notice the facts that the offence was committed in 2014 and at that time there was no such punishment as rigorous imprisonment for the remainder of natural life in Section 6 of POCSO Act.

Case Briefs Supreme Court

No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court

“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”

Case Briefs High Courts

Financial loss to a person/institution by mere Advocate’s opinion cannot be a ground for prosecuting him; intention to defraud and active participation required: Chhattisgarh HC

The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.

interim maintenance wife matrimonial home lifestyle

Case Briefs Supreme Court

“Wife entitled to maintain matrimonial home lifestyle during pendency of divorce petition”; SC directs husband to pay Rs.1,75,000 monthly interim maintenance

The wife claimed that she has a M.Sc. degree in Clothing and Textile but was forced to leave her job as her husband was against her working.

Case Briefs High Courts

Awards rendered by MSME Council can be challenged under Section 34 of A&C Act and not under Art. 226: Orissa High Court

In the matter at hand, the appellant contended that the Council’s award ought to have been interfered with under Article 226/227 of the Constitution, as there was no conciliation in accordance with the procedure prescribed, a condition precedent for initiation of arbitration proceeding under Section 18 (3) of the MSMED Act.

Case Briefs High Courts

Arbitral Award treated as deemed decree; Execution can be initiated anywhere such decree can be executed: Allahabad HC

Allahabad High Court reiterated that Arbitration Act transcends all territorial barriers.

Case Briefs High Courts

Delhi High Court issues detailed directions for tackling bomb threat emails targeting Delhi Schools

Delhi High Court directed GNCTD and Delhi Police to tackle rising bomb threat emails targeting Delhi schools and ordered time-bound implementation of action plans, regular mock drills, and appointment of zonal nodal officers to ensure swift and effective responses.

Case Briefs High Courts

Primacy to experience over education qualification cannot be stretched to dilute educational criteria: Gujarat HC quashes Home Guard’s appointment

The State Government very conveniently ignored that the appointed District Commandant, Home Guard, (Class-I) will be supervising the duties of Home Guards and that a minimum qualification of 10th Standard has been prescribed.

Case Briefs High Courts

[POCSO Act] ‘Marriage decided with good intent’; Bombay HC grants bail to a man accused of impregnating his minor fiancé

One of the conditions imposed by the Court for granting bail is that applicant-accused shall not be in a physical relationship with the victim till they are legally married.

Case Briefs High Courts

Trademark Infringement | MP High Court upholds Excise Commissioner’s order prohibiting reuse of embossed Mount Everest beer bottles

“Private Respondents are free to reuse generic beer bottles manufactured by third parties which do not violate the label, trademark/brand/logo of another entity.”

Case Briefs Supreme Court

Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates

Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.