Case Briefs Archives

[Childbirth after sterilization] Orissa HC orders Rs. 30K compensation to woman who delivered child after sterilization, considering economic status

The petitioner underwent sterilization when State promoted the Green Card Scheme, whereby, having two-children or fewer was promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children.

Case Briefs High Courts

Read why Allahabad High Court denied bail to MLA Abbas Ansari

“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”

Case Briefs High Courts

Monthly pension of Rs 3000 to building and construction workers is minuscule, given the cost of living in Delhi: Delhi High Court

Delhi Building and other Construction Workers Welfare Board is duty-bound to extend benefits to building workers in line with the provisions of the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, which is a social welfare legislation.

Case Briefs High Courts

‘Courtroom can still be a wild enough place without summoning spirits from beyond the grave’; Punjab and Haryana HC withdraw petition filed by a deceased man

The Court warned petitioner’s counsel to exercise a tad more caution in future legal escapades as it would not want to inadvertently summon anymore ghostly clients or find us entangled in a legal mess of supernatural proportions.

Case Briefs High Courts

Delhi High Court dismisses S. 11 Arbitration petition due to Debit Notes issued after MSMED registration in arbitration proceedings

MSMED Act is a beneficial legislation for Micro Small & Medium Enterprises and provides that a buyer can also raise counter claims before the statutory arbitrator under the MSMED Act. Moreover, the scope of the Act as stated therein is to the extent that even if there is an agreement for arbitration between the parties, the MSMED Act will have overriding effect.

Case Briefs High Courts

‘Magistrate failed to conduct preliminary inquiry to ascertain roles and duties of individuals before mechanically summoning them’: Allahabad HC quashes criminal cases against officials of Larsen and Toubro

“Magistrate had issued summons without meeting the requirement of Section 202 CrPC., even though the applicants were residing outside the territorial jurisdiction of the Trial Court.”

Case Briefs Supreme Court

SC issues contempt notice to two NCDRC members for issuing non-bailable warrants despite SC’s interim protection

The two members of the National Consumer Dispute Redressal Commission ignored an interim order passed by the Court on 01-03-2024 and issued non-bailable warrants against the directors of Ireo Grace Realtech.

Case Briefs High Courts

Intention of parties can be construed from the correspondence exchanged between them: Delhi HC appoints Justice A.K. Sikri (Retd.) as a Sole Arbitrator

The Court opined that all nine contracts are related to same project and if it is accepted that there is an Arbitration Clause only in five contracts, then parties will have to be relegated to civil proceedings, which will lead to multiplicity of disputes, delay in adjudication and possibility of conflicting rulings.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Serious concern for local residents’; NGT seeks report from Punjab Water Supply & Sewerage Board over muddy tap water in Barnala

A clear layer of mud is visible on the utensils and has a foul smell, causing severe hardship and health hazards for the people solely dependent upon the water supply from the Government.

Case Briefs Supreme Court

Marriage Certificate a valid proof of Hindu marriage only when marriage ceremony has been performed as per S. 7 of Hindu Marriage Act: Supreme Court

“A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction.”

Case Briefs High Courts

Allahabad HC quashes notifications issued by ARTO banning registration of e-Rickshaws and e-Autos in Mathura and Agra

“Section 178 U.P. Motor Vehicles Rules, 1998 does not contemplate or empowers State to ban registration of new vehicles. Thus, the impugned restriction is beyond the scope of Rule 178 and hence, unsustainable.”

Case Briefs High Courts

‘Computation of 25% students strictly in compliance with S. 12(c) RTE Act’; Gujarat HC dismisses PIL against Gov. Resolution

The instant petition was filed at the verge of commencement of the admission process in the schools in the State and seems to be a result of pre-empting the whole issue.

Case Briefs High Courts

[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence

To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.

Case Briefs Supreme Court

Supreme Court directs for reserving minimum 1/3rd seats for women members in Supreme Court Bar Association from 2024 elections

Supreme Court clarified that reservation is only to guarantee a minimum and women members of the SCBA, subject to their eligibility, be entitled to contest the election for all the posts in the Executive Committee.

Case Briefs Supreme Court

Can delay in filing Change Report automatically impact assumption of office by a Vahiwatdar of a Trust? Supreme Court answers

“Repeated attempts to attack the Change Reports relating to assumption of office by the new administration of the Trust only indicates their inimical attitude thereto and to the family of the founder, Mallikarjun Mahalingappa Patil”

Case Briefs High Courts

[VIAGRA v. VIGOURA] ‘Confusion between medicinal products pose serious risks to public health’; Delhi HC grants permanent injunction in favour of Pfizer Products

“When consumers encounter different products with similar branding in the same retail context, the risk of assuming a common source or affiliation increases.”

Case Briefs High Courts

Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC

The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.

ICJ Germany military assistance Israel provisional measures

Case Briefs International Courts

ICJ rejects Nicaragua’s application requesting provisional measures to stop German military aid to Israel amidst the current Gaza Conflict

The Court was of the view that Nicaragua failed to show that Germany’s impugned conduct posed an imminent threat of irreparable prejudice to the rights of Nicaragua.

Case Briefs High Courts

Know why Allahabad HC restrained two advocates from entering Prayagraj District Court and prohibited them from practicing law within the State

“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”

Case Briefs High Courts

Bombay HC falls short of words to describe “mental, psychological and physical state of the victim” while rejecting bail for sexually abusing child for 9 years

Due to the horrendous nature of crime committed by the applicant, the victim, a 17-year-old child, turned into a nymphomaniac.