Case Briefs Archives

‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case

A woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences must be considered grave and serious when the trial is yet to be begin.

Case Briefs High Courts

Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases

“There is a need to respect the rights of convicts and need to acknowledge the importance of being released on parole for several purposes, including for maintaining social ties with family. However, the Courts are bound to consider counterbalancing public interest while deciding issue of grant of parole.”

Case Briefs High Courts

‘Right to get pension immediately after retirement is a recognised right’; Calcutta High Court directs payment of retiral benefits

Calcutta High Court held that any wrong deductions from the petitioner’s salary should not defeat the rightful claim for pension, a recognized right immediately after retirement.

Case Briefs Supreme Court

Supreme Court | Slum Rehabilitation Authority has statutory mandate over private agreements for Slum Rehabilitation Schemes

“The Slum Rehabilitation Authority has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based.”

Case Briefs High Courts

Himachal Pradesh High Court stays registration of contempt of court case against HPNLU Vice Chancellor

“Prima facie, even before the registration of contempt case against the Vice Chancellor of Himachal Pradesh, National Law University, Single Judge could not have given a finding that she had committed wilful disobedience of the Court’s order.”

Case Briefs High Courts

Know why Kerala High Court refused abortion for minor impregnated by minor brother

The Court also peremptorily directed the parents to ensure that the minor brother against whom allegations were made for impregnating his minor sister was not allowed anywhere near her or to have access to her in any manner.

Case Briefs High Courts

Calcutta High Court upholds eviction decree on non-compliance of stringent requirements under Section 7 of the W.B. Premises Tenancy Act, 1997

Calcutta High Court observed that the Compliance with mandatory provisions, specifically Section 7(1) and (2), is crucial for a tenant defending against eviction under the West Bengal Premises Tenancy Act.

Case Briefs High Courts

Benefit of interim maintenance cannot be denied merely based on unproven allegations of illicit relationship: Delhi High Court

“The object of the Domestic Violence Act, 2005 is to provide for more effective provisions to safeguard the rights of the women who are victims of violence of any kind occurring within the family, and for matters connected therewith or incidentally thereof.”

Case Briefs High Courts

Calcutta High Court upholds Presidency Small Cause Court’s jurisdiction to decide ejectment suit under W.B. Premises Tenancy Act, 1997

The Calcutta High Court upheld legislative competence to confer jurisdiction on Presidency Small Cause Court, considering the specific language of Section 12A excluding jurisdiction of any other court.

Rs. 5 Lakhs costs on accused US. 138 NI Act

Case Briefs Supreme Court

‘A case of persistent disregard for judicial directives’; Read Why Supreme Court imposed Rs. 5 Lakhs costs on accused under S. 138 of NI Act

“An individual’s nonchalant attitude towards financial responsibilities and Court orders can undermine the essence of judicial efficacy.”

Case Briefs Supreme Court

Read why Supreme Court upheld Madras HC’s order directing Cognizant technology to pay Rs 2,956 crore to IT Department as tax dues

Supreme Court permitted Union Government to encash the amount of Rs. 2,956 Crores comprising of Rs 1,500 Crores offered by way of cash and Rs. 1,456 Crores towards Fixed Deposit Receipts (FDRs).

Case Briefs High Courts

“Press must refrain from publishing contents that are manifestly defamatory in nature, Must duly verify such content”; J&K and Ladakh HC observes

The High Court further stated that, truth is no defence for publishing defamatory material against a private citizen where no public interest is involved.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict concerning allowances granted to judicial officers by Second National Judicial Pay Commission

“Judicial independence, which is necessary to preserve the faith and confidence of common citizens in the rule of law, can be ensured and enhanced only so long as judges are able to lead their life with a sense of financial dignity”

Case Briefs High Courts

‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction

“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”

Case Briefs High Courts

J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

The petitioner was detained in June 2022 based on a FIR registered against him in 2004. However, the petitioner had already been acquitted from the charges levied against him in 2004.

Case Briefs High Courts

Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers

“Benefits to labourers under Standard Operating Procedure formulated by Government of Delhi provided that Labour Department must immediately initiate proceedings for recovery of back wages from accused employers/owners, including wages for overtime in accordance with Minimum Wages Act, 1948.”

Case Briefs Supreme Court

Supreme Court sets aside Telangana HC’s judgment directing handing over minor daughter’s custody to mother in a Habeas Corpus petition

Supreme Cour refused to interfere with the High Court’s direction granting liberty to the father to file appropriate application in terms of Section 24 of the Guardians and Wards Act, seeking custody and visitation rights before the Family Court.

Case Briefs High Courts

‘Similar to mark GK HAIR’; Delhi High Court restrains use of mark ‘GK WELLNESS’ for hair care products in infringement suit by company Van Tibolli

“Refusal of injunction will be contrary to public interest, as there will be likelihood of confusion, in the public, between the products of defendants and plaintiffs because of similarity of the marks used by them.”

Case Briefs High Courts

Calcutta High Court quashes KMC’s action under Section 17A of West Bengal Inland Fisheries Act, 1984 over Water Body Restoration dispute

Calcutta High Court held that Kolkata Municipal Corporation’s (KMC) actions under Section 17A of the West Bengal Inland Fisheries Act, 1984 without proper findings on water body’s capability illegal.

Case Briefs

Delhi High Court| Inability of one spouse to prove ‘saptapadi’ ritual in second marriage at summon stage not a loophole to evade bigamy charges

The law cannot be powerless to stop, punish or limit clandestine marriages and unions when the first wife or husband are alive and the valid marriage subsists, as now a spouse performing a second clandestine marriage would not also be liable to punishment for adultery as it is no more an offence.