Case Briefs Archives

‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position

‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’

Case Briefs Supreme Court

[Gram Pradhan Election] Supreme Court directs fresh recount of votes; Appoints junior most lady advocate present in Court as Court Commissioner

Supreme Court directed that the entire process of recounting of votes should be video-graphed, and the result of re-count to be signed by the parties, their counsel as well as the Court Commissioner, besides the Presiding Officer of the Election Tribunal.

Case Briefs High Courts

[Pune Porche Accident Case] Bombay HC denies anticipatory bail to co-accused minor’s father, who changed blood samples

The document, that is, the blood sample clearly answers the definition of “valuable security” under Section 30 ¹ of the Penal Code, 1860, as it certainly, created a right in the minor son of the applicant of portraying innocence.

Case Briefs High Courts

J&K High Court treats Social Media letter on non-recruitment for Gazetted posts in Ladakh as PIL

The Court acknowledged the grievance raised about the lack of recruitment for gazetted posts in Ladakh, issued notice and sought for the UPSC and Ladakh Government’s response.

Case Briefs Supreme Court

Supreme Court issues detailed directions to Legal Services Authorities over access to Free Legal Aid for prison inmates

The Division Bench of the Court, while deliberating over the matter, identified 2 major issues- (1) Open Correctional Institutions and (2) Modalities for visitation by lawyers in jail to ensure free legal aid to the deserving prison inmates.

Case Briefs High Courts

J&K High Court seeks Govt’s response on reservation policy for transgender community in J&K

The Deputy Solicitor General of India (DSGI), filed a status report on behalf of the UT of Ladakh, stating that a committee is formed to identify the actual number of transgender individuals in both Leh and Kargil Districts.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Central Administrative Tribunal rules against unlawful withdrawal of 7th Pay commission benefits without notice for railway employees

Once some benefit has accrued in favour of an employee, the same cannot be snatched, without providing any opportunity to the employee. Thus, the decision of the respondents to reduce the pay of the applicants is contrary to the settled position of law.

Case Briefs Supreme Court

Supreme Court overturns NCLAT judgment that closed insolvency process against Byju’s, following settlement with BCCI

The present appeal raises substantial questions about the legal framework governing the withdrawal of a CIRP; the settlement of claims after the admission of an application instituted by a debtor; and the scope of the inherent powers vested in the NCLAT under Rule 11 of the NCLAT Rules.

States power to regulate intoxicating liquor

Case Briefs Supreme Court (Constitution/Larger Benches)

Read Supreme Court’s Majority Opinion on States’ power to regulate industry of ‘Intoxicating Liquor’

This majority decision overruled Supreme Court’s 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, wherein it was held that States cannot tax industrial alcohol.

Case Briefs High Courts

Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court

The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.

Case Briefs High Courts

‘No absolute right of residence can be claimed by wife’; Delhi High Court upholds order dispossessing wife from shared household

It is not a case where the wife is helpless or there is any endeavour to leave her on the road by taking away the roof from her head. The wife herself is an educated woman, who did her MBA and is also employed.

Case Briefs High Courts

Multiple marriage registrations by a Muslim male allowed under Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998: Bombay High Court

Section 7(1)(a) of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 contemplates that the Registrar must ensure that the marriage between parties is performed in accordance with the personal law of the parties and under the personal laws for Muslims, they are entitled to have four wives at a time.

Case Briefs High Courts

Surety can only be waived if circumstances so warrant; Delhi High Court modifies bail conditions for Nigerian Nationals charged under NDPS Act

Any waiver of a bail condition must not compromise the one most important legal requirement that a prisoner must make himself available for trial and for compliance with a sentence imposed.

Case Briefs Supreme Court

Wife’s guilt under S. 498-A IPC can’t become a ground to hold husband guilty in absence of specific material on record: SC

The Division Bench opined that in Section 498-A IPC cases, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences.

Case Briefs High Courts

Prior knowledge about chamber allotment vacancies suggests a breach of transparency; Delhi High Court upholds re-allotment

Such vacancies should be notified to the members of the Bar, providing every eligible lawyer with an equal opportunity to express interest; failure to do so creates an appearance of opacity in the process, potentially leading to an impression of arbitrariness.

Case Briefs High Courts

Calcutta HC grants bail to accused under NDPS Act due to failure in filing FLS Report within 180 days

‘In an NDPS case, if charge sheet is filed within 180 days from the date of arrest of the accused, no right of statutory bail accrues.’

Case Briefs High Courts

Delhi Police Special Branch Manual falls squarely within the exemptions provided under S. 8(1)(a) of Right to Information Act: Delhi High Court

‘The information concerning law enforcement operations, especially those involving national security considerations, falls under purview of Section 8(1)(a).’

SC Guidelines time limit pronouncement of judgments

Case Briefs Supreme Court

Supreme Court issues guidelines for High Court Judges regarding time limit for pronouncement of judgments

The Court emphasised that Judges must be mindful of the impact of their actions on society at large. Dealing with lakhs of litigation is no mean task, but at the same time, Judges must realize that instances do emerge leaving absolutely no margin for error.

Case Briefs High Courts

Punjab and Haryana HC upholds dismissal from service of a conductor who was implicated in 52 departmental proceedings

In the present case, respondent conducted proper departmental inquiry and found the petitioner guilty. The petitioner was involved in 52 cases and subjected to different punishments. The petitioner is claiming that dismissal from service is harsh punishment, and it should be substituted with compulsory retirement.

grant Indian citizenship to foreign citizens

Case Briefs Supreme Court

Cannot confer Indian citizenship to foreign citizens by doing violence to the plain language of Citizenship Act, 1955: SC

“There is no scope to bring equitable considerations while interpreting such a statute as the language of Sections 5, 8 and 9 is plain and simple, hence there is no scope for its liberal interpretation”.