Case Briefs Archives

liability for requisitioned vehicle accident

SC: State Liable for Accidents Involving Requisitioned Vehicles, Not Insurer

‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’

Chance witness’ testimony must be relied upon only after exercising due care and caution; Himachal Pradesh HC upholds acquittal

“The informant and his brother were allegedly abused and assaulted by the accused persons, but the allegations were denied, and documents were tendered in evidence claiming that the witnesses were the informant’s relatives, and they made false statements against them because of a land dispute. Himachal Pradesh High Court declined to interfere with the trial court’s order of acquittal finding no perversity therein.”

Case Briefs Supreme Court

Statutory Bodies Cannot Undermine Finality of Judicial Orders; Supreme Court Declares Rent Authority’s Restoration Order Void for Exceeding Jurisdiction

“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”

Case Briefs High Courts

Del HC: Order 7 Rule 11 application filed after expiry of statutory time doesn’t revive lapsed right to file Written Statement

“Filing of an application for rejection of plaint by Defendant 2 after lapse of statutory period for filing written statement, will not entitle Defendant 2 for grant of any extension of time for filing written statement on that ground.”

Case Briefs High Courts

Explained | Delhi HC ordered to Curb Domain Name Fraud and Protect Trade Marks

“The DNRs continue to promote alternative infringing domain names, several of which are clearly prima facie infringing the trade marks of the plaintiffs. In such a situation, not only shall the concerned DNRs lose the safe harbour protection, the said DNRs would be liable to be treated as infringers against whom reliefs would be liable to be claimed.”

Case Briefs High Courts

“Employer’s record lapses cannot deny pension”; Bombay HC sets aside EPFO’s rejection of higher pension claim, directs reconsideration within 8 weeks

“The responsibility lies with the employer, and if the employer has failed in maintaining records or producing them, then the consequence cannot be shifted upon the employee.”

Case Briefs Supreme Court

Absence of signature on charge curable irregularity, de novo trial not justified unless failure of justice shown: Supreme Court

The Court held that a de novo trial cannot be ordered merely on technical grounds, particularly when the trial had substantially progressed and no real miscarriage of justice is shown.

Happy marriage No Excuse to Validate Child Marriage

Case Briefs High Courts

Karnataka HC: ‘Happily Ever After’ No Excuse to Validate Child Marriage; Childhood Cannot be Surrendered

“The law protects childhood, so that it may blossom into informed adulthood. This Court will not permit this protection to be diminished.”

Case Briefs Foreign Courts

Why United Kingdom High Court Refused to Reopen Nirav Modi’s Extradition Case — A Clear Legal Explainer

The Court said that the assurances provided by Government of India were detailed and reliable. Since they were given at a diplomatic level, any breach would seriously harm trust between India and the UK, especially in a high-profile case like Nirav Modi’s.

Case Briefs High Courts

Delhi High Court protects Sonakshi Sinha’s Personality Rights; directs take down of AI- generated deepfakes

“Plaintiff is entitled to complain that any content which is set in obscene backdrop or shows her in inappropriate clothing and/or which falsely portrays her as endorsing brands, where there is no authorisation and/or which uses attributes and elements of her persona such as her images, voices, etc. is liable to be forthwith taken down from the public space.”

dismissal order passed by invoking Article 311(2)(b)

Case Briefs Supreme Court

Supreme Court Flags Misuse of Article 311(2)(b): Departmental Inquiry Cannot Be Dispensed with Lightly

The Supreme Court was examining the legality of a dismissal order passed by invoking Article 311(2)(b) of the Constitution without holding a departmental inquiry.

Case Briefs High Courts

Registrar Responsibilities 101: What They Should Be Doing to Stop Domain Name Fraud — Delhi High Court’s Landmark Ruling, Simplified

The Delhi High Court examined multiple suits involving misuse of well-known trademarks through fraudulent domain names used for impersonation and consumer deception.

Case Briefs Supreme Court

Landowners Win as SC Resolves NHAI-Tarsem Singh Conundrum; Holds Liability Spike Not a Ground for Review of Judgment

“Once a judgement or an order passed by a court in a particular case has attained finality and is not the subject matter of further challenge before a prescribed forum, a subsequent change in the judicial interpretation would not entail a reversal of such decision inter-se the parties to that case.”

Case Briefs High Courts

Constitutional freedoms cannot be exercised at the cost of human lives: Allahabad HC upholds preventive detention order under NSA

“Where potentiality of the act is to disturb the even tempo of the life of the community, it would be prejudicial to the maintenance of public order”

Case Briefs High Courts

Bombay HC upholds Central Railway’s 2018 Shoe-Shine Licence Policy; Rejects monopoly claim, mandates minimum wages

“The bottom line of the Shoe-Shine Licence Policy, 2018 is to generate employment opportunities for persons belonging to the lower strata of society, which may include members of the Scheduled Castes and Scheduled Tribes, not merely on the basis of their caste, but because they belonged to lower strata of society.”

Case Briefs High Courts

“No absolute right to protest at chosen venue”; Madras HC dismisses ‘unusual prayer’ for daily protest “until World War ends” dismissed with Rs 50,000 costs

“The right to protest is protected, however, the right to insist upon a particular public junction for an indefinite recurring protest is not.”

Academic marks for computation of future income

Case Briefs High Courts

“Academic marks not measure of earning potential”; Bombay HC enhances Motor Accident Compensation for deceased BHMS student’s family

“Just as it is true that, academically excellent student may or may not earn well, it is also equally true that academically average or even below-average student may earn very well in practice or profession.”

declaration of public holiday policy matter

Case Briefs Supreme Court

Supreme Court: Declaring gazetted/public holidays a policy matter within executive domain, not open to judicial direction

The Supreme Court declined to issue directions either to declare the birth anniversary of Guru Gobind Singh Ji as a nationwide gazetted holiday or to frame uniform guidelines for declaration of holidays.

Case Briefs High Courts

Missed GST deadlines not fatal where intent to comply exists; Rajasthan HC condones 160-day delay

“Cancellation of GST registration or missed appellate deadlines should not permanently debar a taxpayer from the GST framework, especially where the taxpayer intends to comply by filing returns, paying taxes, interest, and penalties, and rectifying defaults. In such cases, denial of opportunity to an assessee undermines the inclusive and facilitative objective of the GST regime.”

Filling of vacant post on non-joining of selected candidate

Case Briefs Supreme Court

Supreme Court: Non-Joining of Selected Candidate Doesn’t Give Vested Right to Appointment to Next Candidate in Absence of Enabling Provision

“The decision of the Government to fill the notified vacancies cannot be equated with creation of a right in favour of every candidate below the selected candidate to claim automatic substitution in the event of non-joining.”