Case Briefs Archives

RTI| MP High Court directs disclosure of marks obtained by other candidates in Agniveer recruitment examination within 15 days

MP High Court affirmed the candidates’ right to access information about the performance of other candidates as part of a public activity.

Case Briefs High Courts

Allahabad HC directs Principal Secretary to implement guidelines in Government departments to avoid filing Arbitration appeals beyond statutory time limits

“The rationale behind such stringent timelines is rooted in the principles of finality and efficiency, which are paramount in arbitration. The limitation period serves as a deterrent against undue delays and encourages parties to act promptly, thereby ensuring that the arbitration process remains expeditious.”

Case Briefs High Courts

Madras HC directs Bar Councils to initiate disciplinary proceedings against Advocates advertising and soliciting work through Online Service Providers

“Branding culture in the legal profession is detrimental to society. Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.”

Case Briefs High Courts

‘Majority will become minority, if religious congregation where conversions are taking place are not stopped’; Allahabad HC denies bail to man accused of religious conversion

“It is against the Constitutional mandate of Article 25 of the Constitution which does not provide for religious conversion, it only provides freedom of conscience and free profession, practice and propagation of religion.“

Case Briefs High Courts

‘Prosecution in rape cases cannot be withdrawn on basis of survivor’s forgiveness or understanding between parties’: Meghalaya HC

The rape survivor addressed a letter to the Police stating that she had forgiven the accused persons, considering their young age and desired not to proceed any further in the matter.

Case Briefs High Courts

Calcutta High Court directs PNB to Pay Rs. 3 Lakh Compensation to Disabled Employee for Denying Local Posting in violation of Transfer Policy

This is an unfortunate malaise that festers in hierarchies of Public Sector Bank and other bodies which has and continues to severely impact the man resources and impede the growth and wellbeing of an organization and its employees. Any special request from an employee out of the ordinary, even if supported by the Bank’s rules, is looked at with contempt and discomfort.

Case Briefs High Courts

Delhi High Court dismisses appeal filed against PM, Home Minister and Minister of Communications Alleging False Oaths and Anti-national Act of Terrorism

The appellant alleged that the Prime Minister, Home Minister and Minister of Communications have taken false oaths of allegiance to the Constitution of India, and they had attempted an antinational act of terrorism by attempting to kill the appellant as pilot-in-command of flight AI 459 on 08-07-2018.

Case Briefs High Courts

MP High Court imposes cost of Rs 50,000/- on Khandwa BJP MLA Kanchan Tanve for delaying tactics and false allegations against the Court

‘Section 86(6) of the Representation of the People Act, 1951, mandates the trial of an election petition to continue from day to day unless adjournment is necessary.’

Case Briefs High Courts

Delhi High Court rules on application of ‘Margin of Error’ and Upper Age Limit in Bone Ossification Tests for Determining Victim’s Age in POCSO Cases

In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether interest earned by Co-operative Society from Co-operative Bank is allowed for Sec. 80P(2)(d) Deduction? ITAT, Delhi answers

The two assessees, despite the fact that they are a Co-operative Thrift and Credit Society, were refused the deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961 by the Commissioner of Income Tax (Appeals).

Case Briefs High Courts

Dress code prescribed by Chembur Trombay Education Society restricting wearing of hijab, does not violate Fundamental Rights: Bombay HC

The Court referred to Fathima Thasneem v. State of Kerala, 2018 SCC OnLine Ker 5267, wherein it was held that there may be a fundamental right for a student to choose a dress but there is also a fundamental right of establishing, managing and administering an educational institution.

Case Briefs High Courts

Inside Madras High Court’s verdict on post-sale discounts received by way of financial credit notes

“The conclusion that the taxable person is providing a service to the supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier, is ex facie erroneous and contrary to the fundamental tenets of GST law. Therefore, this conclusion warrants interference, and this issue requires re consideration.”

Case Briefs High Courts

Calcutta High Court directs Senior Examiner of Trademark to pass Speaking Order on rejection of Trade Mark Application for “ELECTRONICA”

The hearing in the present matter was concluded on 15-02-2023 and the Senior Examiner of Trade Marks passed the impugned order on 14-02-2024, i.e. after a period of one year.

Case Briefs High Courts

Telangana HC dismisses plea of former CM K. Chandrashekar Rao challenging appointment of Commission to inquire into irregularities of power procurement from DISCOMS during his tenure

The Court opined that the press conference was held to update the media about the status of the proceedings before the Commission and the extract of the press conference did not contain any material indicating that Respondent 3 pre-judged the issues pending before him.

Case Briefs High Courts

Bombay HC upholds constitutionality of UGC Distance Learning Programme Regulations stipulating double-entry barriers for offering UG & PG programmes

The Court stated that the stipulation of quality control standards through an accreditation score or ranking is not per se arbitrary, however also acknowledged their inappropriateness for skill universities such as Symbiosis Skills and Professional University.

Case Briefs High Courts

‘Suffered undeserved legal injury to her reputation’; Delhi HC orders TMC MP Saket Gokhale to pay Lakshmi Puri Rs 50 lakh damages for defamatory tweets alleging financial impropriety

“It is necessary to draw a distinction between a person’s financial affairs being open to public scrutiny, by requiring disclosure or clarification through legitimate means, which may not amount to defamation; and a person being subjected to vilification and to baseless and false ignominy, by asking tendentious questions laced with innuendo.”

Donald Trump immunity criminal prosecution dissenting opinion

Case Briefs Foreign Courts

Explained | SCOTUS Dissent on Absolute Immunity for former US President Donald Trump from criminal prosecution

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

Case Briefs High Courts

‘Reluctance to marry after engagement cannot be made penal offence’; Orissa HC quashes Trial Court’s cognizance order for offence u/s. 306

“The case unveils the kind of damage caused in the minds of young people due to societal pressure, particularly in this age where psyche of the society as a whole is dominated by internet and social media platforms. It is unfathomable that a highly educated young girl, who was pursuing her Ph.D in Electrical Engineering, could even thought of taking her own life.”

Case Briefs High Courts

Madras HC takes suo motu cognizance of Kallakurichi hooch tragedy; Directs Registry to place matter before Acting Chief Justice

“The people inhabiting the Kalvarayan hills are from economically and socially backward sections of the Society and their fundamental right to life under Article 21 of the Constitution need to exercised to the fullest.”

Case Briefs High Courts

‘A person belonging to LGBTQ+ community is vulnerable to ridicule, harassment in jail’; Bombay HC grants bail to man accused of child trafficking

The applicant contended that their gender identity and medical condition made them vulnerable to harassment and ridicule in society and in jail.