Case Briefs Archives

‘Material Working Facilities operating without CTE, Junagadh Municipal Commissioner oblivious of responsibilities’: Gujarat HC seeks report on non-compliance of Plastic Waste Management Rules

“It was evident that the Municipal Commissioner, Junagadh Municipal Corporation was oblivious of the requirement of the Plastic Waste Management Rules, 2016, while establishing Material Recovery Facility (MRF) without any approval/permission of the GPCB and engaging private operators who do not have requisite permission of the GPCB.”

Case Briefs Supreme Court

Maharashtra Stamp Act| Principal document alone chargeable with Stamp Duty in case of transaction with multiple documents: SC

The Court also clarified that to determine the stamp duty that is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be determined by ascertaining the intention of the parties from the contents and the language employed in the whole instrument

Case Briefs High Courts

Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC

The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.

Case Briefs High Courts

‘Acted in irresponsible and negligent manner while defending its case’; Punjab and Haryana HC dismisses petition to set aside ex parte proceedings

No sufficient reason was mentioned by the petitioner for the delay in filing the written statement and apparently blunt excuse was provided that the representative of the petitioner fell ill and no instructions could be issued to the Advocate.

Case Briefs High Courts

Allahabad High Court dismisses Advocate’s vexatious contempt plea against Justice Sunita Agrawal

“Criminal contempt is primarily a matter between the Court and the contemner and not a matter between a citizen and the contemner”.

Case Briefs High Courts

‘Husband is not absolved from providing maintenance even if wife is capable of earning’; Delhi HC upholds order by Trial Court against husband having extra-marital affair

‘The wife was a victim of domestic violence because she had been subjected to physical as well as mental abuse from her husband and no woman can tolerate that her husband is cohabiting with another lady.’

Case Briefs High Courts

Part-time contractual employees entitled to maternity benefits even though their appointment rules make them ineligible: Gauhati HC

The amount to be received by petitioner shall not only be restricted to the amount claimed by her but will also include any such other computation admissible in terms of the relevant provisions of the Maternity Benefit Act, 1961.

Case Briefs High Courts

‘Did not challenge selection criteria prior to entering the selection process’: Delhi HC upholds CAT order dismissing petition to set aside appointment order

In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.

Case Briefs District Court

‘Statutory right created in favour of party to assail decree cannot be taken away by S.14 of IBC’; Delhi Court sets aside Arbitral award in favour of Educomp Solutions Ltd.

‘The autonomy conferred on the parties is not unbridled and appointment of the Arbitrator has to meet the prerequisite of his neutrality and impartiality which are the bedrock on which the foundation of arbitration rests.’

Case Briefs High Courts

Till BCI’s decision is pending, complaints against Advocates will be entertained only on fee of Rs 1750: Uttaranchal HC halts fee hike to Rs 5500

Regarding the 20 complainants, who paid Rs 5500 towards fee, the Court stated that the Bar Council of Uttarakhand will have to take steps to return the remaining amount after deducting Rs 1750 from Rs 5500.

Case Briefs High Courts

MUDA Scam | Karnataka HC finds no anomaly in the Gubernatorial Order according sanction against CM Siddaramaiah

Upholding the order, the Court stated that the Governor in the normal circumstance has to act on the aid and advice of the Council of Ministers as obtaining under Article 163 of the Constitution, but can take independent decision in exceptional circumstances and opined that the instant case was one such exception.

Case Briefs High Courts

Rajasthan High Court quashes order reducing Grants-in-Aid of Educational Institutions; says it affects Students’ education

“Even while passing administrative order having civil consequences, the reasons are not only to be recorded but are to be supplied to the affected parties.”

Case Briefs Supreme Court

‘Too harsh to foreclose anyone’s right to file written statement merely on conjectures and surmises’; SC sets aside NCDRC order

Supreme Court permitted the appellant to file a written statement on or before 14-10-2024. The respondent/complainants were allowed to file replication, if any, by 06-11-2024 and the affidavit of evidence on or before 09-12-2024.

Case Briefs High Courts

‘Policy based response from municipalities required, not judicial intervention’; Delhi HC denies to interfere in issue of lack of parking spaces in residential colonies

‘This issue is symptomatic of a larger urban planning failure, where colonies were developed without foresight for parking facilities, causing residents to park in the streets.’

Case Briefs Supreme Court

UAPA| 14-Days timeline for grant of sanction mandatory; Validity of sanction to be ordinarily challenged at the earliest stage: SC

The Supreme Court clarified that the observations made in this judgment shall apply prospectively.

Case Briefs Supreme Court

Storing and watching child pornography an offence under POCSO, IT Act: Key takeaways from Supreme Court’s Landmark Verdict

The Supreme Court observed that the term “child pornography” is a misnomer that fails to capture the full extent of the crime as it can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It, hence, proposed a new term for the offence.

Case Briefs Supreme Court

‘Improper to discriminate among homogenous group’; SC directs reinstatement of Teacher whose candidature was cancelled over graduation cutoff marks

“It will be improper to discriminate inter se among a homogenous group of students admitted for the academic session 2009-10. It could not be that those students admitted in the first round of counselling would be eligible, even with less than 50% marks in graduation, while the others admitted in the subsequent rounds of counselling would not be.”

Case Briefs High Courts

Rajasthan High Court upholds the method of redistributing marks of deleted questions within same subject in Accountant Exam

“Deletion of questions from a particular subject and distribution of their marks proportionately in the remaining questions of the same subject does not make any discrimination between the candidates.”

Case Briefs High Courts

Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court

It was stated that to attract Section 420 of the Penal Code, 1860, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property.

Case Briefs High Courts

J&K High Court cautions authorities against misusing Preventive Detention powers at cost of mocking the Constitution

“There is no iota of doubt that the preventive detention of the petitioner is a sheer abuse of jurisdiction of preventive detention under the Jammu & Kashmir Public Safety Act, 1978.”