Case Briefs Archives

Lok Sabha Elections 2024 | MP High Court affirms rejection of INC’s substitute candidate’s plea to contest from Indore as ‘approved candidate’

Madhya Pradesh High Court opined that interference during the electoral process should be avoided, and issues regarding nomination rejection should be raised through an election petition rather than a writ petition.

Case Briefs High Courts

Calcutta High Court reduces cost imposed on office bearers of Gurudwara Chhota Sikh Sangat for passing excommunication order

Excommunication is a serious disease which was deep rooted in ancient India and it is still more surprising that it has surfaced in the particular community to which the appellants belong.

Case Briefs High Courts

Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC

“The School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 during pendency of the appeal, which was related to the termination of services of the school peon, the Regional Director ceased to have jurisdiction and it was the State Education Tribunal, which was the competent forum to adjudicate.”

Case Briefs High Courts

“Matter of concern” that Delhi HC Legal Services Committee did not assist litigant despite several requests; Delhi HC demands affidavit for explanation

Delhi High Court instructs that if any aid is sought by any litigant eligible for legal aid, then the Legal Service Authorities shall take prompt action.

Case Briefs High Courts

‘Disheartening that dehumanizing practice of manual scavenging still subsists’; Madras High Court issues guidelines

“The persistence of manual scavenging is a stark reminder of the deep-rooted inequalities and discrimination that continue to pervade our society, perpetuating the cycle of poverty, oppression, and exclusion faced by marginalized groups.”

Case Briefs Supreme Court

Inside Supreme Court verdict on treatment of meritorious reserved category candidates in MP State Service Exam

“One lapse on the part of the State is all it took to generate this litigation, impacting multitudes of job aspirants in the State of Madhya Pradesh. The lapse was the amendment of an existing service rule on 17-02-2020 which was recalled thereafter on 20-12-2021, restoring the rule to its original position, but in the interregnum that amended rule was applied to an ongoing recruitment process.”

Case Briefs High Courts

Exclusion of Professors/Department Heads indicates favoritism; Selection Committee playing ‘a game of pick and choose’: MP High Court

Madhya Pradesh High Court held that non-inclusion of Professors/Head of the Department in selection committee amounts to violating the mandate of Madhya Pradesh Makhanlal Chaturvedi Rashtriya Patrakarita Avam Sanchar Vishwavidyalaya Adhiniyam, 1990.

Case Briefs High Courts

‘Victim did not raise an alarm despite having opportunity to do so’; Jharkhand High Court set aside conviction and sentence of a man convicted u/s 366A, 376 of IPC

The Court opined that radiological age of the victim has been assessed to be eighteen years and from the tenor of her cross-examination, it is apparent that she has wilfully left the house of her father and accompanied appellant to various places.

Case Briefs Supreme Court

SC Clarifies: Order reserving seats for women members in SCBA is an experimental pilot project

In the previous order, Supreme Court directed for reserving some of the posts in the Executive Committee of SCBA for women members of the Bar.

Case Briefs High Courts

‘Cryptocurrency not ‘money’ under PCMCS Act’; Orissa High Court grants bail in cryptocurrency ponzi scheme case

“Mere dealing in cryptocurrency cannot be treated as illegal.

Case Briefs High Courts

Ban on liquor sale will only apply to polling areas in Raigad District; Bombay HC modifies Collector’s order of ban on entire Raigad District

Section 142 of the Maharashtra Prohibition Act, 1949 empowers the Collector to close a place where any intoxicant is sold but, the exercise of such power ought to be guided by Section 135-C of the Representation of the People Act, 1951.

Case Briefs High Courts

Wife attending midnight calls from unknown numbers despite husband’s objections; Not abetment to suicide as defined in S.107, IPC: J&K and Ladakh HC

The Court opined that this was a clear case where based on evidence collected by the Investigating Officer, respondent may, be held responsible for the deceased’s suicide, yet it cannot be said that the suicide committed by the deceased was abetted by the respondent.

Case Briefs High Courts

Allahabad High Court quashes criminal proceeding against wife accused of Bigamy due to lack of ingredients to constitute S. 494 IPC offence

“The Court set aside the impugned summoning order and the criminal proceedings against the wife under Section 494 IPC. However, the Court did not quash the criminal proceedings initiated against the wife under Sections 504, 506 IPC.”

Case Briefs High Courts

Grounds of detention incapable of being intelligently understood, can be termed as vague: J&K and Ladakh HC reiterates

“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.

Case Briefs High Courts

Court can exercise extraordinary jurisdiction on clear election irregularities; Bombay High Court rejects disqualified Voters’ Ballot

The committee of the Society has to remove, from the register of its members, names of persons who stand disqualified under the provisions of the Maharashtra Co-operative Societies Act, 1960

Leave to Remain Art. 8 European Convention on Human Rights UK SC

Case Briefs Foreign Courts

When does refusal to grant Leave to Remain to an individual, who can’t be removed to their country of nationality, violate Art. 8 of ECHR? UK SC answers

In the instant case, the Court noted that the respondent’s own conduct thwarting the attempts by the Home Secretary to remove him to Belarus should be considered as a highly material factor for the purposes of the relevant proportionality analysis under Art. 8 of ECHR.

Case Briefs High Courts

No disciplinary action required for temporary employee’s termination due to unsatisfactory performance: MP High Court

Madhya Pradesh High Court stated that the petitioner, being an educational institution, is governed by specific laws and regulations concerning service conditions, which was not adequately considered by the Labour Court.

Belated claims of Homebuyers in Jaypee Infratech

Case Briefs Supreme Court

Jaypee Infratech Resolution Plan and belated claims of Homebuyers: SC issues notice to Jaypee Infratech Ltd.

“The issue of notice will not come in the way of execution or implementation of the resolution plan and the allotment of the unit to the appellant, if made, will be subject to the outcome of the present appeal.”

Case Briefs High Courts

No bar on permanent parole under Rule 14(c) of Rajasthan Parole Rules for overstaying temporary parole: Rajasthan High Court

Rajasthan High Court held that the present case falls under the category of cases of non-application of mind by the competent authority while rejecting the application for permanent parole.

Case Briefs High Courts

‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment

“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”