Case Briefs Archives

SC allows demolition of Pracheen Shiva Temple

SC upholds Delhi HC decision allowing demolition of Pracheen Shiva Temple on Yamuna floodplains by DDA

The Supreme Court rejected to halt the demolition of the temple but clarified that the Temple Samiti was not precluded from pursuing its remedies before the High Court in the pending proceedings.

Case Briefs High Courts

‘Grave danger to mental health by continuation of pregnancy’: Bombay HC permits a 19-year-old woman to terminate twenty-five-week pregnancy

The Court stated that the petitioner was an adult and was entitled to her sovereign decisions for reproductive autonomy, and the views of her parents or of her partner were not relevant.

Case Briefs Foreign Courts

[Access to abortion pill Mifepristone] | SCOTUS unanimously dismisses challenge to FDA’s regulatory actions due to lack of locus standi

Several pro-life medical associations and doctors challenged the FDA regulations issued in 2016 and 2021 that ensured easy access of mifepristone for termination of pregnancy and sought a preliminary injunction for the FDA to rescind these regulatory actions.

Case Briefs High Courts

Mere sending notice u/s 21 of Arbitration Act not sufficient; receipt of notice is prerequisite for commencement of proceedings: Delhi HC

In the present case, the notice has not been sent to the complete address which results in incomplete service of notice.

Case Briefs High Courts

Uttaranchal HC directs Labour Commissioner to inspect all brick kilns to ensure minimum wages are being paid to workers

The Court directed the Labour Commissioner to ensure that the provisions of all Labour Welfare Legislations are also being complied with in respect of Brick Kiln workers.

Case Briefs High Courts

Delhi High Court remands patent application for Bifidobacterium longum for fresh consideration, due to insufficient examination of Novelty

Key issues under scrutiny include whether the properties attributed to this formulation of specific strain of Bifidobacterium longum are sufficiently distinct from prior art to merit patent protection and whether the claimed synergistic effects of the formulation demonstrate a significant technical advancement.

Case Briefs High Courts

‘Indulged into activity of inciting like-minded people to join them’; Bombay HC dismisses bail plea of three PFI members alleged to have conspired to transform India into an Islamic State

The Court noted that the appellants had participated in spreading hatred against the State and in spreading anti-national agenda through various means of propaganda including use of electronic media by creating WhatsApp groups and circulating messages detrimental to the interest of the nation.

Case Briefs High Courts

Delhi High Court rejects ISIS convict’s plea for concurrent sentencing based on principle of same transaction and totality of sentence

The Delhi High Court said that the impact of terrorist activities on society is profound and far-reaching, as these crimes can sow fear and insecurity among communities, as well as disrupt social harmony.

Case Briefs High Courts

Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan

“Files / images which were forwarded by the applicant to a lady, who was stationed in Pakistan, were related to the Space Applications Centre, ISRO, Ahmedabad and these images were taken by the applicant without any authorization.”

Case Briefs High Courts

Preventive detention is justified only when an individual’s actions have potential to affect Public Order: Telangana High Court

There is a distinction between “Law and Order” and “Public Order”, i.e., offences that target specific individuals fall under the category of “Law and Order” and it is only when the criminal activities of an individual adversely affect the public at large that their conduct is deemed to disturb “Public Order”.

Case Briefs High Courts

Madras HC directs Senior Advocates to pay their Juniors monthly stipend of Rs. 15000 to Rs 20,000

“Why should our future Lawyers be made to undergo the same difficulties we encountered? Why can’t we come together to provide them with a safe and robust ecosystem? This should be the vision we must create for ourselves in today’s time and age”

Case Briefs Supreme Court

Compulsory acquisition of private property: Supreme Court outlines seven sub-rights of Constitutional Right to Property

“The seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non-compliance of these will amount to violation of the right, being without the authority of law.”

Case Briefs High Courts

Gujarat HC stays release of the movie ‘Maharaj’ on Netflix, featuring Amir Khan’s son, Junaid Khan

The film is based on the Maharaj Libel Case of 1862 rendered by English Judges and allegedly contains scandalous and defamatory language, which affects the Pustimargi sect as a whole.

Case Briefs High Courts

Non-Disclosure of petition cannot be termed as egregious fraud: Delhi High Court sets aside Commercial Court order for lack of merit-based analysis

The non-disclosure of the petition under Section 9 of the A&C Act in another matter cannot be termed as a case of egregious fraud, which would disentitle the appellant from pursuing its petition under Section 9 of the A&C Act

Case Briefs High Courts

‘Principal Auditor General shall decide Audit Objections expeditiously’; Gauhati HC disposes of PIL against officials allegedly involved in misappropriation of funds under Assam Sarba Siksha Abhiyan Mission

Out of the 43 Audit Objections, 23 Audit Objections have already been dropped after getting satisfactory clarification/reply from the authority concerned and the rest are soon to be dealt with.

Case Briefs High Courts

‘Cries of deceased child’s family can’t be ignored’; MP High Court affirms denial of bail to juvenile in kidnapping and murder case

“A striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.”

Case Briefs High Courts

Can arbitration proceedings act as a bar for proceedings under Section 7 of the IBC? Delhi HC answers

“Section 7 of the Insolvency and Bankruptcy Code, 2016 states a financial creditor, either by itself or jointly, with other financial creditors, or any other person on behalf of the financial creditor, may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred.”

Case Briefs High Courts

Punjab & Haryana HC impose Rs. 50k cost on Haryana Govt; highlights routine practice of not releasing payment due to contractors

The Court expressed its anguish and concern towards the act and conduct of the respondents in unreasonably withholding the legitimate and admissible dues of the contractors.

Case Briefs High Courts

‘Attending police station merely for evidence seems implausible’; AP HC sets aside order cancelling bail after photos showing accused visiting police station

The Court stated that when considering the material produced, it appears improbable that the accused persons’ visit to the police station was solely to fabricate evidence.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DPS Lake Wetland flamingo deaths: NGT takes suo motu cognizance; issues notices to officials

The NGT noted that the news article raises substantial issue relating to compliance of the provisions of the Wetland (Conservation and Management) Rules, 2017, Biological Diversity Act, 2002 and the Environment (Protection) Act, 1986.