Case Briefs Archives

‘Victims are unaware of Gas companies’ liability to compensate’; Orissa HC asks MoPNG to ensure public awareness on insurance for LPG cylinder blast and safety trainings

“The Oil/LPG companies in cases like this where human cost of LPG cylinder explosion is incalculable, behave like a hardcore litigant ignoring the fact that the matter does not fall in the realm of adversarial litigation. One can imagine as to how the thick flames engulfs the surroundings and human beings just reduce to ashes or sometime escape death and end up with deformities.”

Case Briefs High Courts

Minor girl’s marriage to adult constitutes mental and physical Cruelty, a ground for divorce under Section 13 of Hindu Marriage Act: MP High Court

The Court declared the marriage as null and void on the grounds of mental and physical cruelty as the wife, being a minor, was not ready to perform the marital obligations

Case Briefs Supreme Court

‘Chief Justice cannot individually reconsider recommendation’; SC directs HP High Court Collegium to collectively reconsider elevation of two District Judges

“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”

Case Briefs High Courts

‘Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits

‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’

Case Briefs High Courts

‘Identity and autonomy of adult woman are not defined by her relationships/familial obligations’; P&H HC dismisses habeas corpus petition to release 30-year-old woman to her father

It is crucial to reaffirm that an adult woman, like any other citizen, possesses the right to be treated as an independent and autonomous individual, free from coercion and undue influence.

Case Briefs High Courts

‘Intention is not a necessary element in cruelty’: Allahabad HC grants divorce to husband on grounds of cruelty and desertion

“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”

Case Briefs High Courts

‘No intention to disturb law and order or public order/peace’; Bombay HC grants anticipatory bail to person alleged to be a supporter of Naxalism

The intention to cause disorder or incite people to violence is sine qua non for the offence under Section 153-A¹ of the Penal Code, 1860.

vehicle owner motor accident compensation liability

Case Briefs Supreme Court

‘Ownership’ not limited to categories specified in Section 2(30) of MV Act; Context around control of vehicle important to fix liability: SC

The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.

Case Briefs High Courts

‘Husband never attempted to establish that wife was incurably of unsound mind’; Allahabad HC dismisses husband’s divorce plea

While the husband and his witnesses made statements stating that the wife had been prescribed medicines for her mental ill health, however, they did not demonstrate the nature of her illness, or the extent of affliction suffered by her.

Case Briefs High Courts

Delhi High Court takes suo motu cognizance due to absence of any law for availing mutation rights in urbanized villages

‘Such a legal vacuum disabling the villagers from managing their immovable properties prima facie violates their fundamental right under Article 21 and constitutional rights under Article 300A of the Constitution.’

Case Briefs High Courts

‘Poker and rummy are games of skill and not gambling’; Allahabad HC directs authorities to pass reasoned order in application for permission to run a gaming unit

The permission being granted by itself would not prevent the authorities from checking on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities.

Case Briefs High Courts

MP High Court directs CBFC to consider objections before giving Clearance Certificate to Film “Emergency”

The film “Emergency” is set during the 1984 Emergency under former Prime Minister Indira Gandhi and contains scenes violating the Sikh community’s fundamental rights and potentially leading to discrimination and wrongful labelling of young Sikh children who wear turbans as ‘Khalistanis’.

Case Briefs High Courts

‘No lesser punishment than dismissal from service will be equal to gravity of misconducts’; Delhi HC upholds suspension of government employee

A person castigating their employer through a constant tirade of false and scandalous allegations does not deserve to continue in the employment of the said employer.

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

Deficient service & unfair trade practice shatters student’s NLU dreams; DCDRC directs OYO and its listed Guesthouse to pay Rs. 16 Lakhs as compensation

After completing her 12th standard, the student had started preparing for the All India Law Entrance Test, 2022 and studied hard, so that she could achieve her dream to take admission in a National Law University and become a law aspirant.

Case Briefs High Courts

‘Resignation can be accepted only when it is clear, unambiguous, unequivocal, and not conditional’; Gauhati HC upholds employee’s voluntary resignation

It appears that petitioner has retyped his resignation letter by way of improvement as the original letter titled as ‘Regarding Resignation from Service’ submitted to respondent is hand-written, with different sentence and meaning.

Case Briefs Supreme Court

[Jaypee Infratech Resolution Plan] SC closes home buyers’ pleas after Suraksha Realty offers for allotment of homes or refund

About 538 home buyers, who paid more than 80% of the demand, will be given this option for allotment of the flat, in which event, the said home buyers will be treated on par with other home buyers.

Case Briefs High Courts

Widowed daughter-in-law not living in matrimonial home can claim maintenance from father-in-law: Allahabad High Court

“Merely because the woman may have made that choice cannot be concluded to mean that she had separated from her matrimonial home without reasonable cause or that she would have sufficient means to survive on her own.”

Case Briefs Supreme Court

SC partly closes suo motu petition after MP HC conditionally reinstates 4 of 6 terminated female judicial officers

Regarding the reinstatement of other two judicial officers, the Court will hear the matter on 24-09-2024, as the Full Court decided to not revoke their earlier resolutions and would place the adverse remarks and other materials against them before the Supreme Court in a sealed cover.

Case Briefs High Courts

‘Acquisition of foreign citizenship by parent does not affect the Indian citizenship of their minor child’: Bombay HC

“The child cannot be left stateless”, said the Court while holding that the minor petitioner was entitled to be issued a passport on the basis of her Indian citizenship.

Case Briefs High Courts

Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers

‘The dual-language approach will help in preventing future instances of non-compliance due to language barriers and ensure that the rights and opportunities are accessible to all citizens, especially those from disadvantaged backgrounds.’