Case Briefs Archives

Case Briefs Supreme Court (Constitution/Larger Benches)

Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict

“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”

Case Briefs High Courts

‘For 31 years, complainant willingly, knowingly participated in sexual relationship’; Bombay HC quashes FIR registered u/S 376 IPC against 73-year-old man

The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.

Case Briefs High Courts

A huge sum spent in the judgeship of 24-Parganas (North); Calcutta High Court stays contractual recruitment notifications

The smooth functioning of the District Judiciary without regular staff and employees is likely to suffer and cannot be cured or supplemented by contractual engagements.

Case Briefs High Courts

Madras HC quashes FIR against former DGP accused of forwarding offensive WhatsApp message against Chief Minister MK Stalin

Madras High Court took note of the affidavit filed by the petitioner, wherein he regretted for his conduct, and he has recorded his regards to M.K.Stalin in unequivocal terms. Further, he said he will not subscribe to or endorse the alleged message in any way.

Case Briefs High Courts

Punjab and Haryana HC imposes Rs. 2 lakh costs on IIM Rohtak for withholding result of its student for four years

Petitioner was a young girl of 27 years, when the impugned letter was passed and she could not do anything for the next four years because of the aforesaid letter, which was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences.

Case Briefs High Courts

‘UIDAI can be directed to disclose data in sealed cover in exceptional Habeas Corpus cases without prior hearing’: Delhi High Court

The Delhi Police was directed to file an updated status report of the missing woman based on updated Aadhar card information.

Case Briefs High Courts

2024 Lok Sabha elections | MP High Court issues notice to Khandwa BJP MP Gyaneshwar Patil for allegedly filling ‘false affidavit’

The Congress candidate Narendra Patel filed an election petition alleging that the BJP MP Gyaneshwar Patil suppressed material information in his affidavit in the 2024 Lok Sabha elections for the Khandwa constituency.

Case Briefs Supreme Court (Constitution/Larger Benches)

‘Indra Sawhney did not limit sub-classification to OBCs; Sub-classification of SC/STs permissible’: A point wise breakdown of Majority Ruling in SC’s 6:1 Verdict

“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”

Case Briefs High Courts

‘AI tools infringe individual’s right to control and protect their own likeness/voice’; Bombay HC grants ad-interim injunction in favour of Arijit Singh to protect his personality rights

Making AI tools available that enable conversion of any voice into that of a celebrity without their permission constitutes a violation of their personality rights and such tools facilitate unauthorized appropriation and manipulation of a celebrity’s voice, which is a key component of their personal identity and public persona.

Case Briefs High Courts

‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty

The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.

Case Briefs High Courts

Whether a petition can be rejected in part upon an application being moved under Order 7 Rule 11 of the CPC? Delhi HC answers

“The Court said the Family Court judge was correct in holding that divorce petition could not be rejected merely because a part of the cause of action was not viable in law if the Court otherwise had jurisdiction to entertain the action, and therefore, the application under Order 7 Rule 11 was not sustainable.”

Case Briefs High Courts

‘People have suffered enough environmental degradation’; P&H HC restrains Haryana Govt. from cutting 150 trees; advises to find alternate site for construction of police station

It is obvious that about 150 trees, which are a century old, stand on the land allotted for the purpose of constructing a police station and a police line. The petitioner has also filed certain photographs of the area concerned which reveals that there is also a water body next to the above trees.

Case Briefs Supreme Court

SC calls for performance audit of Maharashtra Slum Areas Act; Emphasises on review of implementation of Statute to ensure Rule of Law

“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”

Case Briefs High Courts

[S. 498-A] ‘In-laws asking daughter-in-law to show them the house cleaned by her on video call is a sadist manner of ill-treatment’; Bombay HC refuses to quash FIR

The complainant was pitted against the might of petitioners, i.e., husband, father-in-law, and three sisters-in-law, who were abusing and ill-treating her on petty issues and their sole aim was to extort money from her and her parents.

Case Briefs High Courts

Karnataka HC asks State Government to frame guidelines vis-a-vis issue of summons under S. 35 of Nagarik Suraksha Sanhita

Giving the Government 8 weeks’ time to frame such guidelines, the Court laid down certain steps that must be followed whenever a person is to be summoned under S. 35, BNSS.

Case Briefs High Courts

[Right to be Forgotten] Delhi High Court grants injunction against India Today Group regarding defamatory posts on acquitted businessman

The right to freedom of expression of the press in the present case must give way to the right to privacy of the plaintiff, especially when he has been exonerated of all the allegations leading to his honourable acquittal.

Case Briefs High Courts

‘Section 34 of Arbitration Act cannot be used as tool for reappreciation of facts’: Delhi HC

“Section 34, quite apart from its classically limited scope, is certainly not intended to be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a second bite at the arbitral cherry.”

Case Briefs High Courts

‘Offence under S. 354A of IPC is gender specific and only a man can be prosecuted under the same’; Calcutta HC quashes sexual harassment case against female accused

It was said that since all sub-sections of Section 354A of IPC start with the words ‘a man’, a female accused would not be covered under this Section.

Case Briefs High Courts

Madras HC directs Chief Secretary to initiate appropriate action and remove prefixes like ‘Tribal’ from names of Government Schools

“If the Government School is named as “Tribal School”, then what would be the impact in the society. It is painful that even in the 21st century the Government is allowing to use such words in the Government Schools, functioning from and out of public money”

Case Briefs High Courts

‘State can deviate from advertised vacancies in exceptional cases’; Meghalaya HC upholds appointment of 3 judges made above number of advertised vacancies

The Court clarified that the deviations from number of vacancies and appointments on them are permissible in exceptional circumstances or emergent situation, for clear and anticipated vacancies and not future vacancies.