Case Briefs Archives

EIA Surrey County Council crude oil extraction at Horse Hill

Surrey County Council’s failure to conduct Environmental Impact Assessment for crude oil extraction project from a well site at Horse Hill, held unlawful: UKSC

The Court by a ratio of 3:2 held that the eventual occurrence of emissions when the oil produced from the site is burnt as fuel, was well within the scope of EIA required under Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and EIA Directive 2011/92 EU of the European Parliament.

Case Briefs High Courts

Breath analyzer report not conclusive proof of consumption of alcohol: Patna High Court

Consumption of alcohol can only be ascertained by way of blood and urine test by a person suspected to have consumed alcohol.

Case Briefs High Courts

Orissa HC upholds OSEPA merit list for recruitment of Schematic Junior Teachers; holds Clause 8.3 of Resolution for district wise draft merit list violative of Art. 14 & 16

“It is settled law that a recruiting agency for recruitment to a public post is under obligation to strictly follow the terms of advertisement if it lays down a procedure for selection as well as a statutory rules, if any, governing such recruitment/selection process.”

Case Briefs High Courts

Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021

“Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean that permission is granted by the Magistrate to investigate such non-cognizable offence.”

Case Briefs High Courts

Kshetriya Shri Gandhi Ashram not State under Art. 12 of Constitution: Allahabad High Court

“Kshetriya Shri Gandhi Ashram is a regional body. Its parent body is the Shri Gandhi Ashram, Lucknow. There is no statute regulating the functioning of society or providing the State and its Officers with control over their affairs.”

Case Briefs High Courts

Delhi High Court quashes FIR against Delhi Prisons employee following News Nation’s ‘Kala Pani’ Broadcast allegations

“The case of the prosecution is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accepting bribe money for extending favours inmates contrary to the Delhi Prisons Rules.”

Case Briefs High Courts

Punjab and Haryana HC directs Child Welfare Committee to conduct enquiry on minor’s safety who ran from her home on being allegedly forced to marry old man

The Court stated that the Senior Superintendent of Police, Ferozepur should take appropriate steps regarding the threat perception to the minor and her friend and to ensure that the minor, her friend and his family members were protected from the physical harm by minor’s family member.

Case Briefs High Courts

‘Hajis can only be provided services by registered operator’; Delhi HC upholds blacklisting of AL Islam Tours to operate as Haj Group Operator

The Court stated that the appellant ought not to have engaged itself in any kind of activity related to Haj (including ancillary services) without being registered as a Haj Group Operator.

Case Briefs High Courts

Meghalaya HC treats teacher’s resignation as voluntary retirement, grants pensionary benefits after 33 years of service

On being informed that her services were yet to be regularized, in view of the urgency to contest the elections, aspiring for a career in politics, she submitted the resignation letter.

Case Briefs High Courts

‘Dispensing with inquiry should be an exception and not the rule’; P&H HC grants back wages to police officers who were reinstated after their dismissal

The Court observed that this was not the isolated case where the jurisdictional SSP of State had dispensed with inquiry. As soon as an FIR was registered against the police official, the jurisdictional SSPs opted to dispense with inquiry.

Case Briefs High Courts

IBC proceedings don’t bar liability under Section 138 of NI Act: MP High Court

The Court held that the proceedings under Section 138 of the Negotiable Instruments Act, 1881 are penal in nature and not akin to civil recovery proceedings.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on retrospective applicability of CrPC in Jammu & Kashmir

Supreme Court said that while we are holding that the requirement of an authorization or an empowerment is mandatory for conveying a complaint, it being at the conclusion of investigation, would not preclude the investigating agency from complying with it thereafter.

Case Briefs High Courts

‘Sorry state of affairs that NEET UG Aspirant filed a petition enclosing forged and fictitious documents’: Allahabad HC dismisses her plea for manual checking of OMR sheet

Allahabad HC said that it cannot restrain the competent authority / authorities from taking any legal action against the petitioner strictly in accordance with law.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Indemnity obligation on guarantee is not operational debt’; NCLT dismisses CIRP petition due to limitation and Lack of Privity

The NCLT stated that the petitioner neither had a direct contractual relationship with the respondent, nor was the respondent provided with any goods/services, thereby disqualifying them as an operational creditor.

Case Briefs High Courts

Gauhati HC holds bar to remarriage not applicable in case of delay in filing appeal against divorce decree

Gauhati High Court holds statutory bar to remarry u/s 15 HMA cannot be extended by filing application seeking condonation of delay to challenge the divorce decree.

Case Briefs Supreme Court

SC grants divorce decree after wife resiled from settlement and disregarded terms and conditions agreed in Mediation

“The wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.”

Case Briefs High Courts

Delhi High Court sets aside detention of LLB Student due to attendance shortage for medical reasons; Directs DU to readmit

Psoriasis is a skin disease which often takes grotesque forms, it can result in deep embarrassment for the afflicted person. A perusal of photographs that the appellant has placed on record shows that a large part of his body was infected. Thus, it would be unwise for anyone to underplay the seriousness of the disease, or the discomfort that it can cause to an afflicted person. Itching is a peculiar feature of the disease, which can lead to extreme discomfort.

Case Briefs High Courts

No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court

There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.

Case Briefs High Courts

Delhi High Court rejects defamation suits by Indian Foreign Service officer against Hindustan Times

The Delhi High Court said that the Press has now assumed the role of public educator making formal and informal education possible on a large scale, particularly in the developing world.

Can Bail be cancelled by Court granting it

Case Briefs Supreme Court

Can Bail be cancelled by the same Court which granted it in the first place? SC answers

“Bail once granted, ought not to be cancelled in a mechanical manner, however, an unreasoned or perverse order of bail is open to interference by the superior Court.”