Case Briefs Archives

[MeToo Movement] | Why NY Court of Appeals decided to reverse Harvey Weinstein’s conviction for multiple sexual crimes?

In 2017, prominent American newspapers reported stories of several women who accused Harvey Weinstein of sexual abuse, harassment, and using his influence as a Hollywood power broker to take advantage of young women. These revelations eventually kickstarted the ‘#MeToo Movement’.

Case Briefs High Courts

Delhi High Court rules on Hindu woman’s right over life estate of deceased husband as per his will

“In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands who may predecease them is an essential safeguard for their financial security during their lifetime.”

Case Briefs High Courts

Tragic death of 8-year-old prompts Allahabad High Court to take suo motu cognizance of open manholes and ducts around Lucknow

Allahabad High Court: In a suo motu cognizance of the issue of open manholes and ducts within the municipal limits of Lucknow,

Case Briefs High Courts

2022 Khargone communal riots incitement| MP High Court directs SHO to consider Congress Spokesperson Aminul Khan Suri’s complaint against BJP’s Kailash Vijayvargiya

The petitioner alleged that the BJP Minister Kailash Vijayvargiya shared a false video on X (Twitter) to incite the communal riots which erupted in Khargone during the Ram Navami in April 2022.

Case Briefs High Courts

Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC

“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”

Case Briefs High Courts

‘Compensation fixed as token’; Patna HC directs two Judicial Officers to pay Rs 100 each to a man for subjecting him to trial u/s 498-A IPC not maintainable against him

The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.

Case Briefs Supreme Court

Inside Supreme Court verdict on appointment of Technical Assistants as Assistant Engineers in Tamil Nadu PWD

Supreme Court said that the attempt of the Association of Engineers to grab all the posts available, even those apportioned for the candidates promoted from subordinate services, is totally unequitable.

Case Briefs High Courts

Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay

The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.

Case Briefs High Courts

Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court

The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.

Case Briefs High Courts

[Cash for Job Scam] Calcutta HC invalidates 24000 appointments secured through WB-SSC 2016 for State Fund Misappropriation for Illicit Employment

“Documents placed on record suggest that the State Government, at the level of the Cabinet had approved creation of the supernumerary posts to accommodate the persons who had received employment illegally in the selection process”

Case Briefs High Courts

Prescribing specific raaga/ tune for singing the State Anthem in qualified spaces, is not an arbitrary action by the State Govt: Karnataka HC

‘Jaya Bharata Jananiya Tanujate’ was penned by Kaviratna Kuppalli Venkatappa Puttappa ‘Kuvempu’, in 1930, which was adopted as State Anthem by the Government of Karnataka on 29-12-2003.

Case Briefs Supreme Court

Supreme Court directs Himachal Pradesh Govt. to reconsider grant of Child Care leaves to mothers, including making special provisions consistent with RPwD Act

Participation of women in the work force is not a matter of privilege, but a constitutional entitlement protected by Articles 14, 15 and 21 of the Constitution; besides Article 19(1)(g).

Employer’s financial capacity factor in fixing wage

Case Briefs Supreme Court

‘Employer’s financial capacity is a strong factor and cannot be ignored in fixing employee’s wage structure’: SC

The application of industry-cum-region test is the standard criteria, followed by the industrial adjudicator, while determining the revision of wages and other facilities, which implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region.

Case Briefs High Courts

‘Classic instance of triple identity’: Delhi High Court grants permanent injunction in favour of Heifer Project International in a trade mark infringement dispute

“Even after the termination of their contractual relationship and the explicit withdrawal of rights to use the plaintiff’s trademarks and logos, defendants have unauthorisedly continued use of their deceptively similar marks.”

Case Briefs High Courts

‘State Govt best authority to protect temple’s right’; Rajasthan High Court affirms Devsthan Department’s control over temple land acquisition compensation

Rajasthan High Court held that “the Commissioner, being a Treasurer is empowered to exercise its control over the Temple and also to receive compensation in lieu of acquisition of the Temple land.”

Case Briefs Supreme Court

‘HC ignored evidence indicating complicity’; SC sets aside order quashing FIR against Police Official accused of taking bribes

An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.

Case Briefs High Courts

Situation in record rooms of District Courts is grim; weeding out of record needs to be monitored on regular basis: Delhi High Court

In respect of the weeding out of the record, committees to monitor the weeding out are constituted in each District Court; and around 52000 files are already weeded out.

Case Briefs Supreme Court

Supreme Court grants bail to accused imprisoned for attempt to murder for past 6 months

Supreme Court directed that the accused be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with FIR.

Pernod Ricard's penalty for loss of liquor in transit

Case Briefs Supreme Court

SC allows Pernod Ricard’s appeal against higher penalty for loss of liquor in transit; Holds substituted Rule applicable for deciding quantum of penalty

“A repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.”

Case Briefs High Courts

‘Judges must not tarnish image of the Judiciary’; Bombay High Court upholds removal of Civil Judge

“Judges, while discharging their functions, exercise the sovereign judicial power of State, and hence standards expected to be maintained are of highest nature”