Case Briefs Archives

‘Hotel’s legitimate expectation was not met’, Madras HC sets aside order rejecting SRM Hotel’s request for renewal of land lease on fresh terms

“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”

Case Briefs High Courts

‘One year PG degree is valid for Government Service’: Madras HC directs TNPSC to appoint candidate as typist and to provide him all service benefits

“In the post of Typist where there are vacancies at any given time, the petitioner can be accommodated in any subsequent vacancy without the challenge being made to the selection and appointment of the next candidate and without dislodging the candidate who is selected in his place.”

Case Briefs High Courts

Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial

The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT allows appeal by Hindustan Coca Cola Beverages challenging classification of ‘Minute Maid Nimbu Fresh’ as lemonade instead of fruit pulp or fruit drink

A show cause notice was issued to the appellant, to recover Central Excise Duty payable on the impugned product, during the period of April 2011 to August 2012, on the grounds that the appellant had misclassified the product as fruit pulp or fruit drink, instead of lemonade.

Case Briefs High Courts

‘Totally unjust to deny Sports Gradation Certificate’; P&H HC directs Department of Sports to issue Certificate to shooter seeking to take admission in Panjab University

The Court stated that the petitioner is needed to be treated as a class apart, for which provisions are made for the admissions in the academic courses and in the Government Departments for public appointments by keeping seats reserved under Sports Category.

Case Briefs High Courts

Patna HC rejects plea for anticipatory bail to police officials in the case of custodial death and alleged abuse of woman arrested without warrant

The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.

Case Briefs High Courts

[Train Accidents] | “Injury sustained while deboarding from the wrong train cannot be termed as self-inflicted injury”: Bombay HC

Setting aside the decision of the Railway Claims Tribunal and awarding compensation to legal representatives of the deceased the Court stated that a rash and negligent act cannot be equated with a criminal act resulting in self-inflicted injury and held that the injury sustained by the deceased was an ‘untoward incident’ as under Section 123(c)(2) of the 1989 Act.

Delayed reporting of seizure does not vitiate seizure order

Case Briefs Supreme Court

S. 102(3) of CrPC | Whether delayed/forthwith non-reporting of seizure to the Magistrate vitiates the seizure order? SC answers

“Section 102(3) was inserted by way of an amendment only in the year 1978, which reintroduced the reporting obligations of police officer to the Magistrate, as it originally existed in the 1882 Code. It also empowered the seizing officer to give custody of the seized property to any person, on such person executing a bond undertaking to produce the property before the Court as and when required.”

Case Briefs High Courts

Live-in-Relationship between married adult and unmarried adult is not in ‘nature of marriage’ giving rights to parties: Madras HC

Madras High Court has observed that by entering such a relationship, the appellant has committed an intentional tort, namely interference in the marital relationship with intentionally alienating him from his wife and children

Case Briefs High Courts

High Court was approached due to absence of Vacation Bench in TDSAT; Delhi High Court directs uninterrupted transmission of ‘TV9 Telugu Channel’

The writ petitions were filed by Associated Broadcasting Company Private Limited, who broadcasts the TV9 Telugu channel, against a Multi System Operator (MSO) and service provider under TRAI Act, 1997 alleging that the operator disconnected its channel without issuing the required disconnection notice.

Case Briefs High Courts

‘Non-litigating spouse is a competent witness for the other spouse who litigates’: Kerala HC sets aside Trial Court order

“The expression ‘competency of witness’ refers to the capacity, ability or qualification to give evidence in the Court of Law.”

Case Briefs High Courts

Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation

‘The D.G.P., U.P., Lucknow is directed to file affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing’

Case Briefs High Courts

[Land Acquisition] Bombay HC directs Municipal Corporation to follow MRTP Act to acquire church’s land reserved for public purposes

The Court stated that until the Municipal Corporation resorted to appropriate procedure in law to acquire the disputed land, it should not disturb the peaceful possession of the Church in any manner whatsoever.

Case Briefs High Courts

[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA

The Court referred to Govind Sakharam Ubhe v. State of Maharashtra, 2009 SCC OnLine Bom 770, wherein it was held that the charge under MCOCA ropes in a person who as a member of the syndicate commits organised crime either individually or jointly.

Case Briefs High Courts

Punjab and Haryana HC allows student accused in murder case to appear for LLM Exams for being an outstanding and meritorious student

The Court stated that if petitioner is not permitted to give the exams, it will cause irreparable loss to the petitioner, as he will not be able to complete his LLM and the same will jeopardize his future.

Case Briefs Supreme Court

Mesne Profits on continuation of possession payable only after ‘expiry of lease’ or even after ‘determination, forfeiture or termination’? SC answers

In the matter at hand, the Court directed the tenant to deposit Rs.5,15,05,512/-, considering the location of the demised premises in the heart of Kolkata, the rent, the alleged non-payment of rent, the default in payment of interest, as alleged.

Case Briefs High Courts

Rajasthan High Court issues notice to NTA and Union of India seeking reply on NEET-UG 2024 exam’s cancellation

The Court adjourned and scheduled the matter on 10-07-2024, thereby allowing the respondents time to file their replies.

Case Briefs High Courts

‘Deceased was a brilliant student’; Punjab and Haryana HC enhances compensation granted by Motor Accident Claims Tribunal for accidental death of nine-year-old child

The Court stated that the appellants were entitled to the compensation on the count of ‘loss of consortium’, ‘loss of dependency’, ‘loss of estate’ and ‘funeral expenses’.

Case Briefs High Courts

Court is required to look only into existence of the arbitration clause at the stage of appointing arbitrator u/s 11 of Arbitration Act: Jharkhand HC

The respondent raised an objection to the maintainability of the present application on the ground that the petitioner being an agent governed under Section 48 of the Bihar Cooperative Societies Act, 1935, was required to approach the Registrar of the Cooperative Societies for initiating a dispute resolution proceeding.

Case Briefs High Courts

Orissa HC upholds Forest Rangers’ promotion who were promoted through reservation under OFS Group A (JB), 2013

“Denial of consideration of the cases of the appellants, who had completed five years of continuous service in the rank of OFS Group-A (JB) for their promotion in the rank of OFS Group-A (Senior), would amount to nullifying their promotions to the rank of OFS Group-A (JB) from the post of Forest Rangers, without following due procedure.”