Case Briefs Archives

Meghalaya High Court upholds Assam rifleman’s dismissal from service for engaging in polygamy

Rule 10(2) of the Assam Rifles Rules, 2010 provides that “any person subject to the Act, who contracts or enters into a second marriage during the lifetime of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability.”

Case Briefs Supreme Court

Default borrowers, served with look out circular by MHA at the instance of Public Sector Banks, to seek permission from HC to travel abroad: Supreme Court

“The applications before the High Court, seeking permission to travel abroad shall be considered and disposed of expeditiously.”

MSMEs directions RBI Government statutory force

Case Briefs Supreme Court

Directions issued by Govt and RBI under S. 9, MSMED Act and Ss. 21 & 35-A, Banking Regulation Act respectively, have statutory force: SC

The matter revolved around the Notification dated 29-05-2015 issued by the Central Government, containing instructions for the Framework for Revival and Rehabilitation of MSMEs.

Case Briefs High Courts

Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court

The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.

Case Briefs High Courts

‘Feeble excuses’; Bombay HC directs administrative action against Judicial Magistrate for non-compliance with order for expeditious disposal of trial

The Judicial Officer’s feeble excuses made in favour of non-compliance with the Court order could not be accepted; Judicial Officer is not performing duties seriously.

Case Briefs Supreme Court

[Kolkata Rape and Murder case] Supreme Court orders constitution of National Task Force to give recommendations on modalities ensuring safety at workplace

Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.

Case Briefs Foreign Courts

Explained | Why CAS dismissed Vinesh Phogat’s application for a joint silver medal in Paris Olympics 50 kg wrestling competition

The Sole Arbitrator opined that the consequences of the failed second weigh-in, which do not arise from any illegal or wrongful act on the part of the Applicant, are draconian.

Case Briefs High Courts

Bombay HC dismisses PIL filed by firm ‘Crimeophobia’ to constitute Transnational Sanatan Commission; imposes Rs 10,000 cost

The prayers made in the present PIL are not only omnibus in nature but also are multiple in number, covering diverse subjects and have no factual or legal basis for it.

Case Briefs High Courts

Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties

The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.

Case Briefs High Courts

Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings: Orissa HC

“While the guideline aims to protect judicial officers from unwarranted harassment, it does not eliminate the possibility of addressing genuine issues faced by individuals or communities due to the actions of a judicial officer. The High Court retains the responsibility to ascertain the authenticity of the complaints and take appropriate action based on verified facts.”

Case Briefs Supreme Court

[Sikmi Rights] Supreme Court directs Tehsildar to carry out measurement of disputed property; Maintains status quo

Supreme Court clarified that if there is any attempt by the parties to obstruct the revenue authorities or the local police from complying with our directions, suitable action will be taken against them.

Case Briefs Supreme Court

[Detention Under COFEPOSA] SC disposes of challenge against Delhi HC’s decision quashing detention orders for being infructuous by efflux of time

The question of law which revolved around right of making representation being seriously jeopardized as detenus were supplied with various documents as parts of relied upon documents (‘RUDs’) which are illegible, incomplete and not readable violating Article 22 (5) of the Constitution of India read with Section 3 (3) of COFEPOSA Act, was kept open.

Case Briefs High Courts

Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee

If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.

Case Briefs High Courts

Madras HC dismisses plea to declare ‘Thirukkural’ as National book of high values and virtues of India

“We are not restricting Thirukural to Tamil Nadu alone but at the same time, we do not want to open the Pandoras box, that will lead to complete chaos. Hence, we are not entertaining the Writ Petition.”

Case Briefs District Court

[Privity of Contract] Delhi Court rejects refund claim of Australia Tour for 63 people due to COVID-19 cancellation

Delhi Court dismissed suit filed seeking recovery of money paid for an Australia Tour for 63 people cancelled due to COVID-19 Lockdown citing lack of privity of contract.

cause of delay condonation of delay plea supreme court

Case Briefs Supreme Court

Cause, not length, of delay to be examined while considering condonation pleas: Supreme Court

If negligence can be attributed to the appellant, then necessarily the delay which has not been condoned by the Tribunal and affirmed by the High Court deserves to be accepted. However, if no fault can be laid at the doors of the appellant and cause shown is sufficient then we are of the view that both the Tribunal and the High Court were in error in not adopting a liberal approach”.

Case Briefs High Courts

Bombay HC rejects Amit Goenka’s plea challenging SEBI’s order appointing KPMG as Forensic Auditor in Shirpur Gold Refinery case

As petitioner filed reply to the show cause notice and had already questioned the appointment of KPMG as Forensic Auditor and the Report, he is free to pursue the matter before SEBI in accordance with law.

Case Briefs High Courts

Service of grounds of detention in language understood by detenu is a crucial Constitutional Right: J&K High Court

“Communication means imparting to the petitioner sufficient and effective knowledge of the facts and circumstances on which the order of detention is passed and such communication in such language which the petitioner understands.”

Case Briefs High Courts

‘Absolutely insensitive and highly deprecated’: P&H HC imposes Rs. 1 lakh costs for cancelling candidate’s result who failed to give biometrics due to allergic/fungal infection

The reason for the cancellation of the petitioner’s result was “failure in biometric” whereas the respondent-board admitted that the petitioner had allergic/fungal infection in his hands. Such reasoning given by the respondent-board is absolutely unsustainable and rather obnoxious in nature.

Case Briefs High Courts

Delhi High Court directs news channels to take down defamatory videos and posts against MP Venumbaka Vijaya Sai Reddy; grants ad interim injunction

V. Vijaya Sai Reddy was a sitting member of Rajya Sabha and the baseless allegations made in the impugned videos and posts had the potential of adversely affecting his political career and reputation which had been built carefully over the years.