Case Briefs Archives

Delhi High Court orders for payment of 10% interest on amount of compensation to 1984 Anti-Sikh riots victim

‘In the present case, the victim and his family had suffered at the hands of an insensitive and callous administration and had to approach the Constitutional Courts four times for the redressal of his grievances.’

Case Briefs High Courts

Necessary to give message to society that Courts are vigilant to regulate forcible religious conversion of underprivileged women & children: Karnataka HC

The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.

Case Briefs High Courts

Mere occasional harassment or misbehavior does not amount to abetment to suicide: MP High Court

“Abetment requires a mental process of instigating or aiding a person in committing an act. Without a positive act of instigation or aiding, a charge under Section 306 IPC cannot be sustained.”

multiple sureties fundamental right balance

Case Briefs Supreme Court

Need to balance the requirement of furnishing multiple sureties with an individual’s fundamental rights under Article 21: SC

“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”

Case Briefs High Courts

Interpretation of Consumer Protection Regulations must align with overarching goal of RTI Act: Delhi HC directs CPIO to reassess third party request to access copies of a consumer case

The decision to disclose or withhold information should be made judiciously, considering the stipulations of Section 8 of the RTI Act. This approach ensures that the provisions of the RTI Act are not compromised, while also respecting the confidentiality required in judicial proceedings.

Case Briefs High Courts

Karnataka High Court strikes down S. 128-A of Karnataka Co-operative Societies Act, for running contrary to Art. 43-B of the Constitution

Section 128-A of the Act of 1959 which empowered the Registrar to completely take away the right of a co-operative society to recruit, transfer or hold disciplinary enquiry against its employees is ultra vires the Constitution

Case Briefs High Courts

[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC

“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”

Case Briefs High Courts

Bombay HC directs Department of Social Welfare to create email address, social media handle for reporting instances of manual scavenging

The creation of the social media handle and email address and uploading of the information on the website shall be done by the next date of hearing, i.e., 09-09-2024.

Case Briefs High Courts

[Mankind v Mercykind] Delhi High Court directs fresh consideration of Injunction Application in Trademark Dispute

The Court was informed that during the pendency of the present appeal, the Mercykind Pharmaceuticals made significant changes both in its logo and get up of products which are being marketed by it, which would clearly merit consideration afresh by the Single Judge.

Case Briefs High Courts

Allahabad High Court rejects second bail application of a man accused of committing unnatural sex with cows

Allahabad High Court said that no new ground has been taken by the accused in the second bail application

Case Briefs Tribunals/Commissions/Regulatory Bodies

Suffering of children with Leukemia | NHRC directs Tamil Nadu Health Dept. to submit ATR over non-usage of Apheresis Machine purchased in June 2023

An article dated 11-7-2024 published in The New Indian Express, stated that despite Apheresis Machine’s potential to significantly improve platelet availability, it remains unused, forcing patients to seek treatment elsewhere.

Case Briefs High Courts

Bombay HC quashes circular exempting performance of musical works at wedding from copyright infringement under Copyright Act 1957

The circular dated 30-01-2024 issued by the State of Goa, does much more than just informing the public of the provision of Section 52(1)(za) of the Copyright Act, 1957 and interfered with the enforcement mechanism provided in the Act for exercise or enforcing rights of copyright societies under the Act.

Case Briefs Supreme Court

[Kolkata Rape and Murder case] Supreme Court directs Ministry of Health to open portal for stakeholders to submit suggestions before Task Force committee

In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.

Case Briefs High Courts

Calcutta High Court refuses to restrain media houses and intermediaries from publishing news in petition filed by former principal of R.G. Kar Medical College

‘Omnibus allegations stating that the news coverage would harm the ex-principal and cause irreparable injury to his reputation would not justify curtailing the right guaranteed to the media houses and intermediaries under Article 19(1)(a).’

Case Briefs Supreme Court

Compartmentalised Horizontal Reservation: SC holds restriction on meritorious reserved category candidates’ migration to unreserved seats unsustainable

“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Kopiko is classifiable as ‘sugar confectionery not containing cocoa’ under Central Excise Tariff Act, 1985; basis of product is sugar, glucose and not coffee: CESTAT

Kopiko contained flavour coffee to the extent of 1.57 %, whereas the majority ingredients were refined sugar 33.06%, liquid glucose 41.41%, other ingredients constitute to 11.81% and water at the rate of 12.5%.

Case Briefs Supreme Court

Non-fixation of cut-off marks for persons with disability under Overall Horizontal Reservation does not violate Fundamental Rights: SC

Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.

Case Briefs High Courts

Delhi High Court grants interim protection from arrest to former IAS trainee officer Puja Khedkar

An FIR was registered against Puja Khedkar after she allegedly supplied false information regarding her identity to the Union Public Service Commission.

Case Briefs High Courts

Callous investigation in sexual assault case brought before Additional Chief Secretary (Home Dept.); Bombay HC directs strict remedial measures

The Court was confounded, and its conscience shaken by hearing the evasive and false replies of the Police Head Constable; his demeanour clearly indicated his interest in protecting the accused than the victim of the sexual assault.

Case Briefs High Courts

‘No power to de-empanel a hospital’; Rajasthan High Court quashes Medipulse Hospital’s De-Empanelment under Central Govt Health Scheme

The Court held that the de-empanelment order was issued in contravention of natural justice principles due to the lack of proper notice and opportunity for the petitioner to respond.