Case Briefs Archives

[Rights of Disabled Persons] | Bombay HC directs State Govt. to constitute Advisory Board in 30 days

The Court reiterated the observations of the Supreme Court in the case of Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India, (2017) 5 SCC 578, that it would be extremely unfortunate if the Governments voluntarily and knowingly flouted the provisions of law solemnly enacted by Parliament.

Case Briefs High Courts

‘Citizen’s Charter would be a pioneering influence in BMC’s initiatives’; Orissa HC directs introduction of Charter for timely public services

“Information and Facilitation Counters, Public Grievance Cells are the basic ingredients for materializing the citizen’s charter and should be set up along with new software for public grievance redress and monitoring system to enable a centralised system of redressal and monitoring.”

Case Briefs High Courts

[NEET UG 2024] Patna HC permits CBI to take custody of 13 accused in NEET paper leak case

The Court stayed the order dated 02-07-2024 passed by the Exclusive Magistrate, CBI, Patna, whereby CBI’s application for remand of the 13 accused was rejected.

Case Briefs High Courts

Seven years ‘continuous’ practice is not required by an Advocate for Additional District and Sessions Judge appointment: Himachal Pradesh HC

Respondent 4 was in active practice and possessed cumulatively more than 7 years of active practice.

Case Briefs High Courts

Interpretation of ‘scale of rates’ fixed by Tariff Authority for Major Ports is binding: Bombay High Court

In the present case, the communication dated 01-03-2017 by TAMP will constitute a ‘decision’ since it determines an issue that at what rate respondent is entitled to levy charge based on the documents produced

Case Briefs High Courts

‘Victimizing foreign national without reason will reflect in bilateral relations’; Bombay HC directs FRRO to issue Exit Permit to Chinese woman acquitted in smuggling case

Apart from the right to get Exit Permit, the Chinese woman needs to be adequately compensated for the mental agony, trauma, and sufferings undergone by her due to the conduct of Respondent 2, Union of India. Thus, Respondent 2 is directed to pay an amount of Rs 10,00,000 as compensation.

Case Briefs High Courts

Delhi HC dismisses plea challenging initiation of penalty proceedings against international powerlifter by National Anti-Doping Agency

The Court was of the view that, as a disciplinary panel is already constituted for considering the case of the appellant, it will not be appropriate for the Court to interdict the proceedings at this stage.

Case Briefs Supreme Court

Non-deployment of air bags, hump heating, defective car: A complete breakdown of SC verdict directing Mercedes to pay Rs. 36 lakhs to buyer

“People do not purchase the high-end luxurious cars to suffer discomfort more particularly when they buy the vehicle keeping utmost faith in the supplier who would make the representations in the brochures or the advertisements projecting and promoting such cars as the finest and safest automobile in the world.”

Case Briefs High Courts

Bhopal Gas Tragedy Victims’ Treatment and rehabilitation: MP High Court directs implementation of Monitoring Committee Recommendation

The instant matter related to the non-compliance of the Supreme Court’s directives for the treatment and rehabilitation of Bhopal gas victims.

Case Briefs High Courts

[Contempt of Court] Madras HC holds Sub Registrar and litigant guilty for fabricating Court documents; Sentences them to 2 months imprisonment and fine

Madras High Court: In a Suo Motu Civil Contempt Proceedings initiated against the contemnors for fabricating documents which were produced in court

Case Briefs High Courts

When can CBI be involved in an investigation? Kerala High Court answers

“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”

Case Briefs High Courts

Madras High Court stops re-release of Kamal Hassan starrer movie ‘GUNAA’ due to copyright infringement claims

Madras High Court said that the applicant has made out a prima-facie case for grant of ad-interim injunction as prayed for in this application

Case Briefs High Courts

Private complaint regarding doctor’s rashness or negligence cannot be entertained, unless accompanied by credible opinion of another doctor: Jharkhand HC

The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.

Case Briefs High Courts

[Noon Meal Scheme] Madras HC quashes Govt. Order excluding male heirs from compassionate appointment as illegal and violative of Art. 14 and 16 of Constitution

If 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.

Case Briefs High Courts

[Food Safety and Standards Amendment] Delhi High Court upholds 50% Increase in Pan Masala Warning Label Size to Enhance Public Health Awareness

The petition was filed by a company licensed to manufacture and trade Pan Masala brands like Rajnigandha, Tansen, and Mastaba seeking a declaration that Regulation 2(i) of Food Safety and Standards (Labelling and Display) Second Amendment Regulations, 2022 be declared as illegal and violative of Articles 14, 19(1)(a) and 19(1)(g).

Case Briefs High Courts

Delhi High Court directs Elderly Man to Spend Day in Court as Punishment for Contempt over Property Price Manipulation

The contemnor used the filing of the writ petition as another weapon in his armour to try and get the price reduced for the land. Such conduct of any person to abuse the judicial process cannot be ignored or left unpunished.

Case Briefs High Courts

Land Acquisition| Rightful Compensation claim requires proper adjudication under Section 64 of Right to Fair Compensation Act: MP High Court

If a person is of the view that the compensation has been paid to a wrong person, then the same can be a ground for making reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013.

Case Briefs High Courts

‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father

The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.

Case Briefs Supreme Court

Supreme Court grants interim bail to Arvind Kejriwal in PMLA case; refers question of arrest by ED to larger bench

“Any undue indulgence and latitude to the ED will be deleterious to the constitutional values of rule of law and life and liberty of persons. An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee.”

Case Briefs High Courts

Jharkhand HC refers contempt case against Advocate General and Additional Advocate General to larger bench for clarification in procedure to be adopted in contempt proceedings

The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.