Case Briefs Archives

[Jaypee Infratech Resolution Plan] SC closes home buyers’ pleas after Suraksha Realty offers for allotment of homes or refund

About 538 home buyers, who paid more than 80% of the demand, will be given this option for allotment of the flat, in which event, the said home buyers will be treated on par with other home buyers.

Case Briefs High Courts

Widowed daughter-in-law not living in matrimonial home can claim maintenance from father-in-law: Allahabad High Court

“Merely because the woman may have made that choice cannot be concluded to mean that she had separated from her matrimonial home without reasonable cause or that she would have sufficient means to survive on her own.”

Case Briefs Supreme Court

SC partly closes suo motu petition after MP HC conditionally reinstates 4 of 6 terminated female judicial officers

Regarding the reinstatement of other two judicial officers, the Court will hear the matter on 24-09-2024, as the Full Court decided to not revoke their earlier resolutions and would place the adverse remarks and other materials against them before the Supreme Court in a sealed cover.

Case Briefs High Courts

‘Acquisition of foreign citizenship by parent does not affect the Indian citizenship of their minor child’: Bombay HC

“The child cannot be left stateless”, said the Court while holding that the minor petitioner was entitled to be issued a passport on the basis of her Indian citizenship.

Case Briefs High Courts

Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers

‘The dual-language approach will help in preventing future instances of non-compliance due to language barriers and ensure that the rights and opportunities are accessible to all citizens, especially those from disadvantaged backgrounds.’

Case Briefs High Courts

‘No direct involvement in crime’; Gujarat HC grants bail to a child in conflict with law accused of abetting suicide of family

The family of four committed suicide near railway tracks, allegedly due to atrocious and forcible demand for money which they owed to co-accused.

Case Briefs High Courts

[Haldwani Violence] ‘Appeal lies u/s 21 of NIA Act before Division Bench’; Uttaranchal HC dismisses bail plea of Abdul Malik

Under Section 21 of NIA Act, appeals are filed against Special Court’s order and thus in view of the powers that are conferred on the Court of Session for exercising the jurisdiction of the Special Court, orders passed by the Court of Session under Section 22(3) shall also be appealable under Section 21.

Case Briefs High Courts

Without valid justification, no request for adjournment/filing affidavit-in-reply will be considered, except on payment of costs: Bombay High Court

Respondents cannot have an approach that the orders passed by this Court issuing specific directions are rendered meaningless and the proceedings are to be listed only to be adjourned.

Case Briefs High Courts

Lawyer involved in forging rental agreement is liable to be prosecuted for misconduct under Advocates Act and BCI Rules; Madras HC issues directions

“The Bar Council has to maintain professional standards and in the event of any complaint of misconduct, actions are to be initiated.”

Case Briefs High Courts

Delhi High Court grants interim injunction against T-Series from using “Aashiqui” title in their proposed film

The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise.

Karnataka stamp act provisions sequence of application

Case Briefs Supreme Court

SC summarises sequence of application of Karnataka Stamp Act provisions on insufficiently stamped instruments

The Court pointed out that the object of the Karnataka Stamp Act, 1957 is not to exclude evidence or to enable parties to avoid obligations on technical grounds. Rather, the object is to obtain revenue even from such instruments which are at the first instance unstamped or insufficiently stamped.

Case Briefs High Courts

Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.

As per Clause 26.2 of the Agreement, the Chairman/Managing Director of the Board of Directors of Contractors was supposed to do the conciliation and not the committee constituted by NHIDCL.

Case Briefs Supreme Court

Can over 40% Speech and Language disability hinder MBBS studies? Medical Board to examine as SC comes to aid of student

Dean of Pune’s Byramjee Jeejeebhoy Government Medical College was directed to constitute a Medical Board to examine as to whether the speech and language disability of the petitioner would come in his way of pursuing the MBBS.

Case Briefs High Courts

‘Section 29-A of Arbitration Act is procedural and discretion is given to parties to extend arbitration period further for 6 months’ ; Madras HC upholds arbitration award passed beyond 12 months

“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”

Case Briefs High Courts

In absence of specific provision, HPSEB cannot ask new owner to pay late payment surcharge dues of previous owner; HP HC sets aside order passed by Ombudsman

Where the statutory rules authorize the supplier of electricity to demand from the purchaser of a property claiming reconnection or fresh connection, the arrears due by the previous owner/occupier, the supplier can recover the arrears from a purchaser also.

Case Briefs District Court

[Defamation case against Dhruv Rathee] Delhi Court seeks response from BJP spokesperson Suresh Nakhua for defective affidavits on verification of plaint

BJP’s Mumbai spokesperson Suresh Karamshi Nakhua filed a defamation suit against YouTuber Dhruv Rathee for his video titled ‘My Reply to Godi Youtubers’.

Case Briefs High Courts

‘Re-agitating already adjudicated issues would be in disregard of Supreme Court’; Delhi HC quashes 1987 re-entry notice by the Union against Express Newspapers

The present dispute between Express Newspapers and the Government has spanned over five decades and has witnessed critical historical events such as the Emergency and its aftermath.

Case Briefs Supreme Court

Presence only of advocates appearing or assisting during hearing, in person or online, to be marked: Supreme Court

“Based on the counsel’s presence in the proceedings, the advocates may be entitled to certain benefits such as allotment of chamber, designation of senior advocates and others. In the long run, if the advocates who are not present in the Court are permitted to mark their presence, it may have adverse impact on those Bar members who are appearing regularly.”

Case Briefs High Courts

Rajasthan HC issues notice in plea challenging amendment to Rajasthan State Litigation Policy & Padmesh Mishra’s appointment as State AAG in SC

The petitioner has challenged the amendment to the Rajasthan State Litigation Policy, 2018, which allowed the appropriate authority to appoint any counsel to any post based on their expertise, effectively bypassing the 10-year experience requirement.

Case Briefs Supreme Court

[Bulldozer action against accused] SC to frame pan-India guidelines against demolition of property of accused

The Court sought suggestions from all the parties, which can be considered in framing appropriate guidelines.