Case Briefs Archives

‘Latent construction defects were root cause’; DDA to pay Rs. 11 lakh compensation to family of man who died due to sudden collapse of apartment’s balcony: Delhi HC

It was evident that the present issue exceeded simple seepage or dampness. An ordinary person cannot be expected to detect structural defects in their balcony. Notably, the Flat Resident Association has repeatedly alerted the DDA of poor construction quality and substandard materials, but their concerns were consistently ignored.

Case Briefs High Courts

Judgment in appeal is non-est when no appeal provision exists in law: Kerala High Court

“When an application is filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Magistrate is expected to consider and pass an order as provided under Section 3(3) of the Act. There is no provision in the Statute enabling the party aggrieved by that order to prefer an appeal”

Case Briefs High Courts

Delhi High Court directs Indian Coast Guard to verify candidate’s documents after Aadhaar discrepancies; Reinstates in next induction batch

Delhi High Court directed the Indian Coast Guard to verify the documents of a candidate whose selection was previously canceled due to Aadhaar discrepancies. The court ruled that upon successful verification of his identity and date of birth, the candidate will be reinstated in the next available induction batch, subject to medical clearance and formalities.

Case Briefs High Courts

‘Bhangi, Neech, Bhikhari, Mangani are not caste-based slurs’; Rajasthan High Court set asides charges under SC/ST Act

“The words used were not caste name nor there is allegation that the petitioners were known to the caste of the public servants, who had gone to remove the encroachments.”

Case Briefs Supreme Court

Supreme Court expresses shock over Goa Govt. defending publication of HC Recruitment Rules different from CJ’s draft

The Goa State notification of High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules, 2023 contained a prefatory statement that they were made by the Chief Justice of the Bombay HC in exercise of the power conferred under Article 229 of the Constitution.

Case Briefs High Courts

Kerala HC sets aside Family Court order granting permanent child custody to father; Stresses importance of credible evidence for postpartum depression allegations

“As per settled scientific studies and assessments, postpartum depression is rather common in some women and that this is not a situation that will continue forever, but most of the time being temporary, for a short duration”

Case Briefs High Courts

‘NH-6 is lifeline for Meghalaya, Tripura & Mizoram’; Meghalaya HC directs repair of badly damaged 5-km stretch within 2 weeks

“The authority should ensure that work done is of such quality that it is not easily damaged by rain and other weather conditions in future.”

Case Briefs High Courts

Appellate Authority can consider interim application seeking stay despite absence of any specific provision in POSH Act: Karnataka HC

Court explained that POSH Act does not expressly prohibit the Appellate Authority to pass an interim order and once the appellate authority has the power to set aside impugned proceedings, it can be construed that the appellate authority also has implied power to consider passing of interim order of stay as well.

Case Briefs High Courts

Delhi HC provides relief to INOX India in Copyright Registration Appeal; directs Registrar of Copyrights to issue fresh Copyright Registration Certificate after rectification

The remarks mentioned in the Copyright Registration Certificate is that the artistic work shall not be used in relation to any goods or services and the copyright in artistic work should not subsist if the work was applied to an industrial process and reproduced more than fifty times.

Scope of judicial scrutiny at Section 11

Case Briefs Supreme Court

SC clarifies scope of judicial scrutiny under Section 11 of Arbitration Act: Sets aside Bombay HC ruling on appointment of arbitrator

Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.

Case Briefs High Courts

Delhi High Court quashes FIR against Madhuri Jain Grover, wife of Ashneer Grover, in economic offences case after settlement

The decision follows a settlement between the parties and the withdrawal of civil proceedings.

Case Briefs High Courts

DM and SSP personally liable in case of violation to follow directions to curb noise pollution; Punjab & Haryana HC directs them to be vigilant and take appropriate steps

It appears that the grievance of noise pollution is a continuous one and will have to be monitored from micro to macro level by the authorities concerned including executive authorities under the State of Haryana.

Case Briefs High Courts

Bombay HC grants temporary injunction to mark “CAMPA” in a trade mark infringement case against “JHAMPA”

Defendant’s dishonesty is evident as only after defendant received applicant’s cease-and-desist notice, it filed a trade mark application for the impugned mark “JHAMPA” on 05-09-2024, claiming use from 01-01-2024.

Case Briefs High Courts

It is not grave provocation if wife asks husband to wait for food: Orissa High Court upholds conviction of husband

“There is no rule that in case of every child witness, the trial Court should conduct a preliminary examination. It is only a rule of prudence and not a legal obligation. ”

Case Briefs Supreme Court

[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: SC

Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues directives on remedial action in Shopian Jaundice outbreak due to Contaminated Water

The NGT found deficiencies in the response and reports from authorities, notably the absence of virological testing facilities in local labs, inadequate clarity on the water source, and inconsistent water quality across reports.

Case Briefs Supreme Court

‘Existence of arbitration agreement in license agreement and share subscription agreement not in dispute’, Supreme Court refers matter to DIAC for appointment of sole arbitrator

“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”

Case Briefs High Courts

Delhi High Court sets aside OCI blacklisting over lack of due process and clear justification for entry restriction

The Court cannot overlook that a mere affidavit, lacking the force of a formal order, was relied upon to deny fundamental privileges under OCI status. To proceed on such tenuous grounds, without proper procedural fairness, would set a concerning precedent, one that risks eroding the unique rights granted under the Citizenship Act.

Case Briefs High Courts

‘Hugging or kissing between teenagers in love is natural’, Madras HC quashes case against 21-year-old boy accused of sexual harassment

Madras High Court clarified that to constitute an offence under Section 354-A(1)(i) of IPC, the accused must make unwelcome physical contact and advances, specifically involving explicit sexual overtures.

Case Briefs High Courts

[Maharashtra Legislative Assembly Elections] ‘Courts can interfere only to facilitate election’s progress’; Bombay HC disposes of petition filed by candidate against rejected nomination

The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.