Case Briefs Archives

Can a writ court entertain a petition seeking ordinary leave for prisoners if it is filed before the expiry of statutory period? Madras HC answers

“Failure in complying with the Tamil Nadu Suspension of Sentence Rules, 1982 regarding adherence of time limit contemplated is to be construed as lapse, dereliction of duty or negligence, as the case may be and appropriate disciplinary actions are to be initiated against the Officials, who all are responsible for such misconduct”

Case Briefs High Courts

Himachal Pradesh High Court dismisses application to reject Dr Abhishek Manu Singhvi’s petition challenging Rajya Sabha elections

Election petition discloses all material facts as are required to be disclosed in law. No material fact upon which the petitioner relies, be it positive or negative, has been concealed in the petition. Law does not obligate the petitioner to project respondent’s case in his petition.

Case Briefs High Courts

Compassionate Appointment | ‘Family’ defined as a matter of policy to exclude daughter-in-law; Courts can’t expand/constrict the statutory definition: Karnataka HC

Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.

Case Briefs High Courts

Delhi HC declares order by Players’ Status Committee of AIFF directing Anwar Ali, Delhi FC, and Emami EBFC to pay Rs. 12.9 crores, unenforceable

‘The right to a fair hearing encompasses not only the opportunity to be heard but also the right to know the reasons for any adverse decision.’

Case Briefs High Courts

Delhi High Court seeks review from Indian Air Force on why fit Female Pilot can’t fill unfilled male vacancies

The petitioner who is aspiring to join the Indian Air Force as a Pilot, having applied for the said post pursuant to the advertisement issued on 17-05-2023.

Case Briefs High Courts

Allahabad High Court reiterates scope of judicial review in terms of tender prescribing eligibility criteria

“The writ Court is not required to find fault of the authorities with a magnifying glass rather the Court should examine the decision-making process and also leave room for interpretation of the contract by the authorities.”

Case Briefs High Courts

‘Six weeks to regain medical fitness after pregnancy is extremely short’; Delhi HC directs re-examination of woman rejected for being overweight in SSB medical exam

The Court hoped that the Union would look into suitably amending the nomenclature of posts that are open to both males and females to make them gender-neutral.

Case Briefs High Courts

‘Only Eagle Multispeciality Hospital is issuing medical certificates to prisoners for parole’; Bombay HC directs inquiry to check if there is any connection

The certificate, in the present case, is issued by a doctor, who is an accused in a case registered with the Pundlik Nagar Police Station, Aurangabad, for offences punishable under Sections 120-B ¹, 314 ², 203 ³, and 201 ⁴ of Penal Code, 1860.

Case Briefs High Courts

[Amul v. Amuleti] Delhi HC grants interim relief to Gujarat Co-operative Milk Marketing Federation Ltd; restrains Terre Primitive from using marks/logos similar to ‘AMUL’

The plaintiffs submitted that Defendant 1 is dishonestly using an identical and deceptively similar trade mark as that of the plaintiffs’, so that any ordinary consumer would be misled to believe that Defendant 1’s products are that of the plaintiffs or associated with or emanating from the plaintiffs.

Case Briefs High Courts

‘Role of Md. Haneef was to help in publication of ‘Islamic Movement’ magazine as a proofreader, not author’; Delhi HC grants bail to alleged member of SIMI

‘As per initial statements of police witnesses, no specific act of incitement had been pointed out regarding Md. Haneef, which led to the registration of the original FIR.’

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs hair salon and salon owner to pay compensation of Rs 1 Lakh for botched hair treatment leaving a customer’s hair in tangles

The complainant’s hair became extremely tangled after getting a hair spa treatment. As all efforts to untangle her hair went in vain; she had to cut her hair, which went against her religious tenets and beliefs as a Sikh and the affected her mentally, emotionally and professionally.

Case Briefs Supreme Court

Supreme Court upholds Manipur HC order refusing to dismiss Election petition against MLA KH Hangshing, under O.7 R.11 CPC

Supreme Court reiterated that the Election Petition should not be rejected at the very threshold where there is a “substantial compliance” of the provisions.

Case Briefs Supreme Court

Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC

“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”

Qualified Privilege immunity self- incriminating statement by witness

Case Briefs Supreme Court

Qualified Privilege in Section 132, Evidence Act doesn’t grant complete immunity to witness who made self- incriminating statements: SC

The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.

Case Briefs High Courts

‘Powers under Art. 226 are not expansive enough to allow creation or modification of eligibility criteria for pursuing medicine’; Delhi HC refuses relief to a disabled person

‘As much as the Court may wish to intervene on behalf of a deserving candidate, it cannot overstep its jurisdiction by altering the established norms and benchmarks.’

Case Briefs Supreme Court

‘Failure in furnishing documents & delay in deciding detenu’s representation violates Art. 22(5)’: SC quashes detention order under COFEPOSA

“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”

Case Briefs High Courts

WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim

It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.

Case Briefs Supreme Court

[Delhi Excise Liquor Policy] Supreme Court grants bail to Delhi CM Arvind Kejriwal in CBI case

The Delhi excise liquor policy scam involved two parallel investigations by the CBI and the ED regarding irregularities in the formulation and implementation of the excise policy of the Government of the National Capital Territory of Delhi (GNCTD) for the year 2021-2022.

Case Briefs High Courts

Loan taken voluntarily after separation not to be considered while calculating quantum of maintenance: MP High Court

In the instant matter, the husband deliberately took loan after the separation to bring down his net take home salary, therefore, the Court held that it cannot be considered as statutory and mandatory deduction.

Case Briefs High Courts

‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case

‘The allocation of the family resource cake should align with the financial needs of each family member’