Case Briefs Archives

Uncle-in-law cannot make niece’s husband a “Ghardamad” to claim inheritance rights under Oraon customary law: Supreme Court

The Court placed reliance on well-established and acknowledged sources of the law as it prevails in the community which, at the cost of repetition, postulates that in the absence of a ghardamad or any other male heir directly related to the landowner, i.e. the male members of the family, the nearest male agnate will have the right in the property.

Case Briefs High Courts

Allahabad HC slams NHAI for arbitrary contract termination of Tata for highway construction, directs joint review of project site and expeditious project completion

The Court remarked that it was one of those cases where the authority instead of carrying out its own obligations, kept on tightening the screw upon the contractor to finish the work within the extended timeline.

Tax proceedings against non-existent amalgamated company

Case Briefs High Courts

Bombay HC Quashes Tax Recovery Action Against Company That Ceased to Exist 8 Years Before the Demand Notice

Bombay High Court held that notices and proceedings initiated against an entity that has ceased to exist are void and without jurisdiction, setting aside the assessment, show cause, and attachment notices issued to the amalgamating company, while allowing fresh proceedings against the surviving entity in accordance with law.

Refund with interest and additional compensation under RERA

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder Delayed Delivery of Possession by 4-5 Years and Blamed COVID. Rajasthan RERA Says That Doesn’t Fly; Awards Additional Compensation on Top of Refund with Interest

The Authority noted that the complainant had suffered mental and physical agony, besides losing the opportunity to own a house, particularly in view of the increase in property prices.

Case Briefs District Court

A Settlement’s Liberty Clause Does Not Give Unlimited Licence to Revive the Same DV Complaint before the Same Court on the Same Grounds: Saket District Court

The Court stated that permitting restoration on substantially the same allegations would defeat the finality of the earlier judicial orders and result in repetitive litigation.

Case Briefs High Courts

Opposing Government Policies Doesn’t Justify Externment: Bombay HC Sets Aside Police Action, Safeguards Fundamental Rights

The Court held that the externment orders were unsustainable, as FIRs for agitations without police permission could not justify such action, which infringed upon the petitioner’s fundamental rights of free speech, expression, and dignity.

Case Briefs High Courts

Prima Facie Case and Gravity of 2008 Delhi Bomb Blasts Outweigh 17-Year Incarceration; Delhi HC Rejects Mansoor Asghar Peerbhoy’s Bail Under UAPA

The Court held that bail considerations must balance the accused’s right to personal liberty with the right to life and safety of the public, particularly where the accused is alleged to have played a central role in a heinous terrorist conspiracy.

minor pregnancy termination court permission

Case Briefs High Courts

Termination of pregnancy cases are urgent. Why is time being wasted in taking permissions from Courts?: MP HC allows 10-week pregnant minor rape victim’s plea

The Court remarked that it was repeatedly coming across such matters where, instead of proceeding with the termination of pregnancy, the authorities were shifting their burden to one another, leading to matters travelling up to the Courts seeking permission to carry out the procedure.

Case Briefs High Courts

Parties Agree to Start Again: Manipur HC Sets Aside Arbitral Award by Consent, Appoints Former Chief Justice as New Arbitrator for Thoubal Project Dispute

The Manipur High Court disposed of an arbitration petition concerning the Thoubal Multipurpose Project Agreement by recording the parties’ consent to set aside an arbitral award and recommence arbitration. The Court appointed Justice D. Krishnakumar as the new sole arbitrator, directed de novo proceedings from the stage of framing issues using existing pleadings.

Case Briefs High Courts

Sale deed prior in time prevails under Section 48 TPA: Punjab & Haryana High Court dismisses appeal challenging declaration of title

“The Courts below have rightly invoked Section 48 TPA to hold that the transfer prior in time shall have an overriding effect over the transfer which is later in time.”

Delhi HC HMIS audit ICU bed availability

Case Briefs High Courts

70-Year-Old Turned Away from ICU Despite Portal Showing 2 Beds Available: Delhi HC Orders Surprise Audit of 38 Hospitals, Calls ₹15.42 Crore Idle Machine “Gross Waste”

Delhi High Court ordered a State-wide audit of HMIS implementation and ICU bed management systems in 38 Delhi Government hospitals after a patient was denied an ICU bed despite online availability.

Case Briefs High Courts

Seized Vehicle Worth ₹20 Lakh Released: MP HC Finds Prima Facie Case That Rule 18 MP Mineral Rules Exceeds Central Act’s Fine Limit

The Court granted interim relief to the petitioner by directing the respondents to release the vehicle seized by them in an illegal mining case against the petitioner as the seizure enabling Rules were challenged on the ground of being ultra vires to the Mines and Minerals (Development and Regulation) Act, 1957.

crypto dispute commercial matter not writ issue

Case Briefs High Courts

Crypto Exchange Fraud Is Not a Public Law Issue Just Because Many Investors Are Affected: Delhi HC Tells BitBNS Users Their Crypto Dispute Must Be Settled in Civil Court

Delhi High Court dismissed BitBNS users’ appeal, holding that disputes over withdrawal restrictions, alleged fund mismanagement, and compensation must be pursued through civil or consumer remedies rather than writ proceedings

Case Briefs High Courts

Delhi HC Denies Bail to Athar Khan in Delhi Riots Conspiracy Case; Holds He Cannot Claim Parity with Co-Accused Granted Bail by SC

Holding that Athar Khan’s role was prima facie distinguishable from co-accused granted bail by the Supreme Court, the Delhi High Court dismissed his second bail appeal in the 2020 Delhi riots conspiracy case under the UAPA.

Protection of Overseas Pakistanis' Property Rights

Case Briefs Foreign Courts

Final Judicial Orders Cannot Be Nullified Through Subsequent Ex Parte Decrees: Lahore HC Reaffirms Statutory Protection of Overseas Pakistanis’ Property Rights

“The protection of the rights and interests of Overseas Pakistanis has consistently remained a matter of public importance, considering their valuable contribution to the national economy through remittances and the practical difficulties they face in pursuing litigation while residing abroad. Delay in adjudication of such matters often results in undue hardship and prejudice to their legal rights.”

Case Briefs High Courts

Valid Certificate of Vending Not a Licence to Sell Tobacco Near Schools: Delhi HC Protects Street Vendor’s Livelihood but Directs MCD to Find Alternate Vending Spot

The Court directed the MCD to ensure that the petitioner does not, in any manner, obstruct the ingress to or egress from the school by its students, parents or faculty and sell any tobacco products which could be harmful to the children.

Case Briefs High Courts

Multiple Tax Years Cannot be Clubbed in One GST Show-Cause Notice: Calcutta HC Quashes ₹10.97 Crore GST Notice Against SBI Covering Six Financial Years

The Court held that under Section 74, CGST Act, each financial year is a separate unit for tax determination, and limitation periods apply independently. It found that the respondent-GST Authorities acted illegally by issuing a consolidated notice and ignoring documentary evidence provided by State Bank of India (SBI). Consequently, the impugned show-cause notice and order were declared void and without jurisdiction.

Case Briefs High Courts

Shariat Law Cannot Override Child Marriage Prohibition: Allahabad HC Dismisses FIR Quashment Bid by Family That Attacked Police While Stopping 16-Year-Old’s Marriage

The Court held that the Shariat Law providing for puberty as the competent age under the law, permissible for a girl to marry or be married, violates the Prohibition of Child Marriage Act and the POCSO Act.

Places of Worship Act and acquisition of religious properties

Case Briefs High Courts

Religious properties not beyond State’s eminent domain; Places of Worship Act bars only conversion: Allahabad HC

The Allahabad High Court clarified that the Places of Worship (Special Provisions) Act, 1991 does not curtail the State’s power to acquire religious properties for a public purpose, including road widening and infrastructure development.

data theft ad-interim injunction proprietary customer database

Case Briefs Tribunals/Commissions/Regulatory Bodies

Stolen Leads, Fake Booking IDs, ₹66 Lakh Revenue Loss: How a Spreadsheet Led to an Ex-Parte Injunction in Cordelia Cruises’ Data Theft Case

The Court passed an ex-parte ad-interim injunction against the respondents on ground of data theft, protecting complainant’s proprietary customer database upon observing that a prima facie case has been established showing unauthorized data copying, download, and extraction within the strict definition of Section 43(b), Information Technology Act, 2000.