Case Briefs Archives

MP High Court imposes Rs. 25,000/- cost on advocate for non-cooperation

MP High Court noted that during the last hearing on 07-05-2024, the Court explicitly stated that the case would be taken up at 2:15 P.M., however, the respondents’ counsel failed to appear before the Court, demonstrating non-cooperation.

Case Briefs High Courts

“Interests of securing higher profits must yield before the safety of lakhs of passengers using the platform”: Bombay HC

The Court held that railway platforms exist mainly for travelling passengers and their free movement; their safety being paramount compared to the business interest of the petitioner in operating the catering stall.

Case Briefs High Courts

University’s functioning cannot be at the cost of employee’s welfare: Bombay HC orders SNDT Women’s University to pay pensionary benefits

The Bombay High Court opined that a Public University is not expected to needlessly withhold the pensionary benefit of its retired employees.

Case Briefs High Courts

Calcutta High Court orders Durga Puja Committee to plant saplings around Salt Lake as remedy for illegal tree cutting during 2023 Celebrations

Admittedly, the Puja Committee did not obtain prior permission of various departments before illegally cutting, pruning, trimming and destruction of trees which are in public places, and which are also being classified as non-forest area.

Case Briefs High Courts

Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing

“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”

Case Briefs High Courts

Gauhati High Court declares Article 11, Schedule I of Court Fees Act, 1870 (Assam Amendment) ultra vires to Article 14 of Constitution

“The fees levied by courts should not exceed the cost of administration of justice. The levy of fee by courts for grant of probate without an upper limit is a discriminatory class legislation without any rational nexus or reasonable differentia.”

Case Briefs High Courts

Non-Compliance of HP Prison Manual, 2021| Himachal Pradesh HC seeks status report from State Government on competition of work in Kishanpura Jail

As per the report, there are 2808 prisoners in 14 jails functional in the State, but there were only 4 posts of Medical Officers in the jails, which were claimed to have been filled up.

Case Briefs High Courts

Termination of pregnancy | Nobody can be allowed to play hide and seek for committing an unborn child’s murder: MP High Court

MP High Court held that the Court could not allow its authority to be used to terminate an unborn child when there is an intent to later deny the occurrence of the alleged offense.

Case Briefs High Courts

‘Failed to comply with Section 15 of Juvenile Justice Act, 2015’: Chhattisgarh HC sets aside the order directing juvenile to be tried as an adult for murder of his parents

The Court opined that there was no detailed report of the assessment made, no document was enclosed along with the report of conducting assessment, procedure adopted, factors assessed, mode of assessment, evaluation of child based on the stages of assessment.

Case Briefs High Courts

Delhi HC dismisses petition challenging auction for operating Janaushadhi Shop at Safdarjung Hospital under Pradhan Mantri Bhartiya Janaushadhi Scheme

The Delhi High Court opined that tendering authority has the power to determine the terms on which tender will be given, unless the terms are not arbitrary and discriminating, the Court cannot scrutinize them.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Central Administrative Tribunal directs West Central Railway to pay overtime to operators as per Factories Act, 1948

The applicants are working in the railway factory i.e. workshop on the post of Operators which resides in factory premises and respondents has not produced any data regarding posts in railway workshop.

Case Briefs High Courts

‘Worked on a higher post for more than 14 years’; Delhi HC quashes demand for recovery of differential higher salary paid after demotion

The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.

Case Briefs High Courts

Can charges be altered under S. 216 CrPC, or is it solely a judicial prerogative? Kerala HC answers

“Request for the addition of the charge under section 370 IPC, as it stood prior to 2013, cannot be made at the instance of the prosecution. An addition of charge has to be done by the Court based upon its own satisfaction and not at the behest of any of the parties to the trial”

Case Briefs High Courts

Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles

It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.

Case Briefs High Courts

[Karim’s v. Karin’s] Delhi High Court rules in favour of Karim’s trademark in infringement suit

“The Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services.”

Case Briefs High Courts

‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act

The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.

Case Briefs High Courts

Advocates not to blindly follow client’s ‘unethical, illegal, or contrary to principles of justice’ instructions: Rajasthan High Court

“Courts should not hesitate in quashing the criminal proceedings which are essentially arising out of civil or commercial disputes between the two parties.”

national legislation contravention EU law

Case Briefs Foreign Courts

EU Law does not prevent national legislation from excluding associations of judges from challenging decisions vis-a-vis appointment of prosecutors: CJEU

The Court held that Art 2 and Art.19(1) TEU, read with Arts 12 and 47 of the Charter must be interpreted as not precluding any national legislation which excludes professional associations of judges from challenging the appointment of prosecutors competent to conduct criminal prosecutions against judges.

Case Briefs High Courts

Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter

‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’

Case Briefs Supreme Court

Is 3-month period for completion of preliminary assessment under Juvenile Justice Act mandatory? Supreme Court answers

“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”