Case Briefs Archives

Delhi High Court questions SSC’s exam for testing candidates’ abilities through trivial questions like the use of ‘OKEY’ as a vulgarism of ‘OKAY’

One wonders, however, whether anything meaningful is achieved by testing the ability of candidates in examination such as this, to qualify and obtain recruitment to civil posts, by testing whether they know that the word “OKEY”, is used, rarely, as a vulgarism of “OKAY”.

Case Briefs Supreme Court (Constitution/Larger Benches)

In-depth analysis of Supreme Court’s majority verdict on Section 6A of Citizenship Act

Supreme Court affirmed that the cut-off date of 25 March 1971 is rational as on the said date, Pakistani Army launched Operation Search Light to curb Bengali nationalist movement in East Pakistan. The migrants before the operation were migrants of partition towards which India had a liberal policy. Migrants from Bangladesh after the said date were migrants of war and not partition.

Case Briefs High Courts

‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty

Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.

Case Briefs High Courts

Textbook example of how the affluent people try to flout the law; Delhi High Court dismisses S. 482 CrPC petition

The instant case is a textbook example of how the affluent people try to flout the law by coercing the aggrieved party to settle the dispute, despite the offence being criminal in nature and approach the Courts citing settlement deed.

Case Briefs High Courts

‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority

‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’

Case Briefs High Courts

[Bahraich Violence] Allahabad High Court grants 15 days to accused persons to respond to Demolition Notices issued by UP Government

Without making any observations on the merits at this stage, Allahabad Court granted three days’ time to the Chief Standing Counsel to obtain complete instructions. It instructed that the position regarding the category of the road and the applicable norms should be clarified at the next scheduled hearing.

Case Briefs High Courts

Burning dead body inside someone’s house without proper rites is disrespectful & desecratory; Rajasthan High Court denies bail

The complainant was coerced into following a tribal or customary practice, such as “Mautana,” which involves compensating or appeasing the family of the deceased in cases of accidental death.

Case Briefs High Courts

Delhi High Court refuses to interfere with Award passed by Arbitral Tribunal in petition by the Airports Authority of India

‘Courts, while evaluating a challenge under Section 34, would not be justified in faulting an award merely because an alternative view was possible or that, in their opinion, a more just conclusion could have been reached.’

Case Briefs Supreme Court

SC dismisses petition regarding challenge to the appointment of Catering Supervisor made only on basis of interview marks

The respondent had filed original application before Central Administrative Tribunal challenging selection of Catering Supervisor based only on marks obtained in the interview and excluding marks of written test.

Case Briefs District Court

‘All the sanctions were passed without due application of mind’; Delhi Court acquits accused persons alleged to have committed organized crime for lack of legal ingredients to invoke MCOCA

‘Merely by giving a list of past cases, neither existence of crime syndicate nor commission of organized crime stands proved.’

Case Briefs High Courts

Wife’s education alone does not bar her ‘Right to Maintenance’; Husband’s support still required: MP High Court

The Court, however, opined that “Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”

Case Briefs High Courts

‘Arbitrary, illegal and in colourable exercise of power’; P&H HC directs Union Bank of India to refund forfeited amount deposited by auction purchaser

The bank has acted in an arbitrary and illegal manner by claiming that the entire bid amount shall be deposited by the petitioner, while on the other hand, avoiding the question of the supervening legal impossibility, which debarred them from issuing Sale Certificate or handing over the physical possession of the property to petitioner.

Case Briefs High Courts

MP High Court seeks State’s reply on ban on sale of meat, eggs & related products during Ganesh Mahotsav

The Court observed that the effect of the order was limited to 17-09-2024, indicating that the immediate urgency of the issue may be moot, however, recognised the need to address the concern of setting a future precedent.

Case Briefs Supreme Court

Supreme Court issues comprehensive guidelines for effective implementation of Prohibition of Child Marriage Act: A detailed breakdown

“Orientation of these guidelines is to prioritise prevention before protection and protection before penalisation.”

Case Briefs High Courts

‘Allegations about show cause notice being vague are wholly misconceived’; Bombay HC imposes Rs 5 lakhs costs on litigants who tried to “take a chance” by filing a petition

The present petition is instituted to question the show cause notice dated 07-12-2023 only after the show cause notice is adjudicated and the order dated 22-07-2024 is made.

Case Briefs High Courts

Bombay HC dismisses appeal by New India Assurance Company against ground handling company Janus Aviation for recovery of $31 million

Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.

Pune Triple Murder case accused acquitted

Case Briefs Supreme Court

Know why Supreme Court decided to acquit and quash death sentence of 2012 Pune Triple Murder accused

The accused was arrested in 2012 on the suspicion of murdering his wife, mother and 2-year-old daughter. In 2016, the Trial Court convicted him and imposed death penalty which was confirmed by Bombay High Court

Case Briefs High Courts

MP High Court directs authorities to decide on Rehabilitation of migrated Wild Elephant as per Section 11(1)(a) of Wild Life Protection Act

The petitioner pointed out that respondents are keeping the elephants in captivity and in process giving inhuman treatment and out of 10 elephants, 2 elephants died and the respondents have concealed this fact from the Court.

Case Briefs High Courts

Delhi HC directs Karkardooma Court’s counseling center to file affidavit stating why steps were not taken to make wife understand the terms of divorce settlement

‘Even though the official language for proceedings and documentation is English, the authority concerned is duty bound to translate contents of such documents to a person not well versed with the language.’

pregnant daughter murder over inter-caste marriage

Case Briefs Supreme Court

Supreme Court commutes death sentence of father convicted for murdering his pregnant daughter over inter-caste marriage

The Court affirmed the father’s conviction but converted the death penalty to 20 years’ rigorous imprisonment without remission considering several mitigating factors favouring the accused.