Case Briefs Archives

Delhi High Court issues directions to ensure respectful, accessible, and efficient admission process for EWS/DG students in private unaided schools

By denying the opportunity for continuous education in a school run by the same society, a pitiable situation frequently arises where, due to the two different identification numbers assigned by the DoE to the school’s junior and senior wings, financial segregation of students is indirectly perpetuated.

Case Briefs High Courts

‘Fair criticism of judicial act in Internal notes does not amount to contempt’; M.P. High Court dismisses proceedings against Tehsildar, SDO

“The Government functions in bureaucratic manner and every opinion has to be recorded in writing. The permission for granting appeal has to be in writing.”

Case Briefs High Courts

Delhi High Court grants bail to Chief Business Strategy Officer of IL&FS Securities Services Ltd. in Dalmia Cements fraud case

Chief Business Strategy Officer was a clearing agent and thus, his job was not that of a stockbroker but merely of acting as a facilitator between the stock exchange and the broker.

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL directs BESCOM to make payments of all unpaid invoices along with interest and future payments to wind power generators

“It is an established legal principle that any administrative action / order does not absolve a party to a valid and subsisting Power Purchase Agreement from discharging its obligation under the PPA.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice to Principal Chief Conservator of Forest, Tiger Conservation Authority and MoEFCC over proposed hotel construction in Kaziranga National Park

Over 45 farmer families survive on the yield produced from the 19- acre land in Inle Pothar, of which 9.9 acre has been earmarked for the luxury hotels project. It is also home to the one-horned rhinoceros, elephants, tigers, wild buffaloes and wild boars among other species.

Case Briefs High Courts

Delhi High Court orders for payment of 10% interest on amount of compensation to 1984 Anti-Sikh riots victim

‘In the present case, the victim and his family had suffered at the hands of an insensitive and callous administration and had to approach the Constitutional Courts four times for the redressal of his grievances.’

Case Briefs High Courts

Necessary to give message to society that Courts are vigilant to regulate forcible religious conversion of underprivileged women & children: Karnataka HC

The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.

Case Briefs High Courts

Mere occasional harassment or misbehavior does not amount to abetment to suicide: MP High Court

“Abetment requires a mental process of instigating or aiding a person in committing an act. Without a positive act of instigation or aiding, a charge under Section 306 IPC cannot be sustained.”

multiple sureties fundamental right balance

Case Briefs Supreme Court

Need to balance the requirement of furnishing multiple sureties with an individual’s fundamental rights under Article 21: SC

“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”

Case Briefs High Courts

Interpretation of Consumer Protection Regulations must align with overarching goal of RTI Act: Delhi HC directs CPIO to reassess third party request to access copies of a consumer case

The decision to disclose or withhold information should be made judiciously, considering the stipulations of Section 8 of the RTI Act. This approach ensures that the provisions of the RTI Act are not compromised, while also respecting the confidentiality required in judicial proceedings.

Case Briefs High Courts

Karnataka High Court strikes down S. 128-A of Karnataka Co-operative Societies Act, for running contrary to Art. 43-B of the Constitution

Section 128-A of the Act of 1959 which empowered the Registrar to completely take away the right of a co-operative society to recruit, transfer or hold disciplinary enquiry against its employees is ultra vires the Constitution

Case Briefs High Courts

[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC

“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”

Case Briefs High Courts

Bombay HC directs Department of Social Welfare to create email address, social media handle for reporting instances of manual scavenging

The creation of the social media handle and email address and uploading of the information on the website shall be done by the next date of hearing, i.e., 09-09-2024.

Case Briefs High Courts

[Mankind v Mercykind] Delhi High Court directs fresh consideration of Injunction Application in Trademark Dispute

The Court was informed that during the pendency of the present appeal, the Mercykind Pharmaceuticals made significant changes both in its logo and get up of products which are being marketed by it, which would clearly merit consideration afresh by the Single Judge.

Case Briefs High Courts

Allahabad High Court rejects second bail application of a man accused of committing unnatural sex with cows

Allahabad High Court said that no new ground has been taken by the accused in the second bail application

Case Briefs Tribunals/Commissions/Regulatory Bodies

Suffering of children with Leukemia | NHRC directs Tamil Nadu Health Dept. to submit ATR over non-usage of Apheresis Machine purchased in June 2023

An article dated 11-7-2024 published in The New Indian Express, stated that despite Apheresis Machine’s potential to significantly improve platelet availability, it remains unused, forcing patients to seek treatment elsewhere.

Case Briefs High Courts

Bombay HC quashes circular exempting performance of musical works at wedding from copyright infringement under Copyright Act 1957

The circular dated 30-01-2024 issued by the State of Goa, does much more than just informing the public of the provision of Section 52(1)(za) of the Copyright Act, 1957 and interfered with the enforcement mechanism provided in the Act for exercise or enforcing rights of copyright societies under the Act.

Case Briefs Supreme Court

[Kolkata Rape and Murder case] Supreme Court directs Ministry of Health to open portal for stakeholders to submit suggestions before Task Force committee

In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.

Case Briefs High Courts

Calcutta High Court refuses to restrain media houses and intermediaries from publishing news in petition filed by former principal of R.G. Kar Medical College

‘Omnibus allegations stating that the news coverage would harm the ex-principal and cause irreparable injury to his reputation would not justify curtailing the right guaranteed to the media houses and intermediaries under Article 19(1)(a).’

Case Briefs Supreme Court

Compartmentalised Horizontal Reservation: SC holds restriction on meritorious reserved category candidates’ migration to unreserved seats unsustainable

“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.