Case Briefs Archives

‘Withdrawal of premature retirement allowed before effective date’; Himachal Pradesh HC reinstates Government Degree College’s Principal under CCS Rules

“The appointing authority has no discretion to refuse withdrawal if the request is made before the notice period lapses and before the retirement has actually taken effect. The employee cannot be treated as functus officio during the notice period”.

Case Briefs High Courts

Delhi HC permits IndiaMART to use ‘PUMA’ mark as a search option in drop-down menu; directs to take down infringing listings on notice

“The fact that IndiaMART provides an option for a seller to choose the brand of its products specifically describing its goods cannot, prima facie, be held to be a ground to hold that it aids and abets the infringer in displaying the counterfeit products of a particular brand.”

Case Briefs High Courts

Bombay HC grants bail to woman alleged to have cheated of Rs. 2.45 crores; highlights well-being of her children and non-violent nature of crime

Counsel for the respondent stated that a total amount of Rs 95,00,000 has been paid to the witnesses/complainants by the applicant.

Case Briefs High Courts

“No rare & exceptional case showing that investigation was tainted”: P&H HC refuses transfer of cheating case against dentists by Kenyan woman to CBI

The Constitutional Court can exercise its constitutional powers in transferring investigation from State investigating agency to any other investigating agency, including CBI, only in rare and exceptional cases.

Case Briefs High Courts

Jharkhand HC declares S. 22-A of Registration Act introduced by 1991 Bihar Amendment Act, as unconstitutional

The Court relied upon the decision of the Supreme Court in a case where a similar amendment of by State of Rajasthan was held ultra vires Article 14 and Article 246 of the Constitution due to the doctrine of public policy being vague and uncertain.

Case Briefs High Courts

Delhi High Court | EMIs, personal loans, or insurance premiums cannot justify evasion of maintenance under Section 24 Hindu Marriage Act

The inability to engage in full-time or gainful employment by wife cannot be viewed as a voluntary choice but must be seen considering the practical limitations imposed by her dual responsibilities.

Case Briefs High Courts

‘Freedom of speech not a license to defame individuals or Indian Army’; Allahabad HC upholds summoning order against Rahul Gandhi in Army defamation case

“No doubt, Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression, this freedom is subject to the reasonable restrictions, and it does not include the freedom to make statements which are defamatory to any person or defamatory to the Indian Army.”

Case Briefs High Courts

Punjab and Haryana High Court rejects anticipatory bail plea of Police officer accused of assaulting an Army Colonel

“It is not the job of any trained law enforcer, skilled in the efficient use of force continuum to mete out unmerciful, furious beatings to a common man on the drop of the hat and disrespect civilians, wielding their authority to disregard and disrupt law and order themselves.”

Case Briefs High Courts

Delhi High Court sets aside RBI’s NBFC registration cancellation of Shabros Finvest; Directs reconsideration

The central dispute involved RBI’s cancellation of Shabros Finvest Pvt. Ltd.’s NBFC registration for allegedly failing to meet the prescribed Net Owned Fund (NOF) requirement.

Case Briefs High Courts

Delhi HC quashes FIR in POCSO case considering victim’s privacy and her future prospects including marriage; directs accused to do community service

The Court noted that the complainant (‘victim’) and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships.

Rs 2 Lakh indemnity clause restrictive covenant

Case Briefs Supreme Court

Explained | Why SC upheld validity of restrictive covenant with indemnity clause of Rs 2 Lakhs in case of premature resignation from Vijaya Bank’s service

Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.

Case Briefs High Courts

Bombay HC permits animal slaughter during Bakri Eid on 7-6-2025 and the Urus from 8-6-2025 to 12-6-2025 at Vishalgad Dargah

The Court clarified that the conditions imposed in Hajrat Peer Malik Rehan Mira Saheb Dargah v. State of Maharashtra, 2024 SCC OnLine Bom 1697 will also apply to the year 2025 and must be strictly complied with.

Case Briefs High Courts

“No equity in taxation law”: Himachal Pradesh HC refuses tax exemption under S. 14 HP Motor Vehicles Taxation Act to man who bought auctioned vehicles

“It is more than settled that there is no equity in taxation law and equity would only come into play in case there is no law operating in the field. For it is well settled that whenever conflict is between the law and equity, law would prevail.”

Case Briefs High Courts

In the interest of sporting community’; Meghalaya HC directs holding of open trials for state-level selections in boxing events

In the instant case, the petitioner, who is a boxer, approached the respondents to be considered for trials and selection process to represent Meghalaya. However, he was denied the same without affording any reason.

Case Briefs High Courts

Punjab and Haryana HC acquits doctors in 19-year-old PCPNDT case due to procedural lapse

“When the Court decides that the interpretation given to a particular provision earlier was not legal, it declares the law as it stood right from the beginning of its promulgation.”

Case Briefs High Courts

Rajasthan High Court steps in to protect rights of youth in Shelter Homes and abandoned care leavers; issues comprehensive directives

“The path to independence is particularly complex for Care Leavers but with the right policies and support systems in place, these young adults can be empowered not just to survive but to thrive.”

Case Briefs

Delhi HC declares ‘RITZ’ and ‘RITZ-CARLTON’ well-known trade marks in respect of hotels and other services in hospitality industry

The plaintiffs submitted that the RITZ and RITZ-CARLTON marks are widely recognized and known among Indian consumers, especially in the hospitality and travel industry. The plaintiffs have promoted their respective trade marks heavily and have been recognized and given multiple awards and accolades.

Case Briefs High Courts

Bombay High Court permits husband accused under Section 498-A IPC to travel to USA to resume his job

The petitioner-husband and Respondent 2-wife agreed to some conditions, including that the petitioner must hand over all documents and certificates belonging to Respondent 2, currently at his residence in India and in the USA, to Respondent 2.

Case Briefs High Courts

‘Hard labour cannot be overlooked’; Delhi HC directs NIOS to declare Class 12 result on or before 17 June to facilitate counselling for JEE-mains qualified students

The Court highlighted that some of the petitioners have scored good percentile and further, some of them are even from the marginalised sections of the society. They will be deprived of participation in counselling and consequent admission to the course and institute of their choice for reasons beyond their control, as the result of class 12 is yet to be declared by NIOS.

Case Briefs High Courts

Rajasthan High Court refuses to interfere in Sewage Treatment Plant site selection policy decision; dismisses PIL

“It is not for the Court, while exercising extraordinary jurisdiction under Article 226 of the Constitution of India, to decide which site would be more suitable for setting up the sewage treatment plant. This necessarily has to be done by the Government and its Authorities.”