Case Briefs Archives

What Happens When a Manufacturing Unit Shifts into a Residential Area? Lahore HC Examines Environmental and Safety Concerns

“Commercial convenience or private economic interest cannot prevail over residents’ rights to health, safety, peaceful enjoyment of their homes and a clean and sustainable environment.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Sale of Non-BIS Certified Toys on Snapdeal an Unfair Trade Practice; CCPA Penalises Stallion Trading Company under Consumer Protection Act

The Central Consumer Protection Authority in exercise of its powers under the Consumer Protection Act, 2019, took suo motu cognizance against Stallion Trading Company for sale of Toys on Snapdeal (an E-Commerce platform) which allegedly do not conform to BIS standards as made mandatory under Toys (Quality Control) Order, 2020

court facilities women advocates young lawyers fund Supreme Court PIL

Case Briefs Supreme Court

Lack of proper Ladies’ Bar Rooms a constitutional concern; Supreme Court suggests Young Lawyers’ Professional Assistance Fund to prevent brain drain from the Bar

The PIL highlighted the widespread absence of properly equipped Ladies’ Bar Rooms and essential amenities in High Courts, District Courts, Taluka Courts, Tribunals, Revenue Courts, and Commissions across the country.

Case Briefs High Courts

Pharmacies Can Sell Below MRP But Cannot Display Vague Discount Boards; Drugs Controller’s Licensing Condition Upheld: Kerala High Court

The Court viewed that the power of the licensing authority to stipulate certain conditions while submitting applications for the grant of a licence cannot be said to be arbitrary or warranting an interference by this Court.

hysterectomy parens patriae intellectual disability India

Case Briefs High Courts

Karnataka High Court permits Total Abdominal Hysterectomy of 23-year-old woman with severe intellectual disability, citing her welfare and best interests

“Disability, by itself, can never constitute a ground either to authorise the removal of a reproductive organ or to deprive a person of reproductive autonomy. Any such approach would be inconsistent with the constitutional guarantees recognised by the Supreme Court and with the dignity accorded to persons with disabilities under the Constitution and the statutory framework governing their rights.”

Case Briefs High Courts

Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment

The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.

Case Briefs High Courts

Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court

Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.

Case Briefs High Courts

Better possessory title prevails over mere occupation: Delhi High Court dismisses second appeal in JJ Colony property dispute

Deciding a second appeal arising from a long-standing dispute over a JJ Colony property, the Court upheld a decree for possession in favour of the respondent, observing that while the respondent successfully traced her rights to the original allottee through documentary evidence, the appellant failed to substantiate her competing claim with any credible material.

Case Briefs High Courts

No surrender of tenancy without agreement or decree; Continuous acceptance of rent entitles tenant to repossession: Bombay HC

The Court held that tenancy cannot be said to have been surrendered in absence of a decree of eviction or a valid agreement evidencing surrender, and that temporary handing over of premises for a limited purpose does not extinguish tenancy rights, particularly when rent continued to be paid and accepted.

HC cannot substitute injunction with compensation

Case Briefs Supreme Court

Supreme Court: High Court Cannot Substitute Mandatory Injunction with Compensation When No Such Relief Is Claimed

Supreme Court held that a High Court cannot substitute a decree of mandatory injunction with monetary compensation in a second appeal when such relief was neither sought nor consented to by the plaintiff.

Case Briefs High Courts

Whether a Shared Autorickshaw Used for Office Commute Constitutes a “Workplace” Under POSH Act? Bombay HC Answers

Bombay High Court considered the scope of “workplace” under the POSH Act in relation to an incident allegedly occurring during a shared autorickshaw commute to work.

motor accident claim compensation loss of consortium

Case Briefs High Courts

In Absence of Income Proof, Minimum Wages Act Governs Notional Income in Motor Accident Claims: Andhra Pradesh HC Enhances Compensation from ₹12.4 lakh to ₹16.92 Lakh

The Court allowed the motor accidents appeal and enhanced the compensation in a motor accident claim, by awarding 40 per cent additional income towards future prospects and ₹40000 to each claimant under the head of loss of consortium.

Case Briefs Supreme Court

Article 329(b) Bars Writ Challenge to Rejection of Nomination Papers During the Pendency of Elections; No Exception for Glaring Illegality: Supreme Court

INC candidate Meenakshi Natarajan’s Rajya Sabha nomination from Madhya Pradesh was rejected for non-disclosure of a pending criminal case in her Form 26 affidavit. The Supreme Court declined to examine the merits, holding that the constitutional bar under Article 329(b) admits no exception for cases involving manifest illegality.

Case Briefs High Courts

Electro-Homeopathy Regulated Under Medical Practitioners’ Statutes; Registration Mandatory: Kerala HC

The Court observed that a citizen cannot claim an unrestricted right to engage in any activity merely because it is not expressly prohibited by law; Constitutional freedoms must be balanced against societal interests and corresponding civic obligations.

Case Briefs High Courts

Delhi High Court: Acceptance of Pagri Does Not Render Tenancy Perpetual or Confer Ownership Rights on Tenant

Delhi High Court held that acceptance of pagri does not make a tenancy perpetual or confer ownership rights on a tenant. Upholding an eviction decree, the Court held that filing of the suit itself amounted to notice of termination and found the Delhi Rent Control Act inapplicable to the premises.

Section 16(1)(a) company name rectification

Case Briefs Tribunals/Commissions/Regulatory Bodies

MCA Holds No Trade Mark Needed to Seek Company Name Rectification under Section 16(1)(a) of Companies Act

The Regional Director, Ministry of Corporate Affairs, held that the absence of a registered trade mark does not bar an existing company from seeking rectification of a later company’s identical or deceptively similar name under Section 16(1)(a), Companies Act, 2013, and directed the respondent company to change its name within 3 months.

Child Welfare in Cross-Border Visitation

Case Briefs High Courts

Immigration Uncertainty During H-1B Visa Transition a Genuine Child Welfare Concern; Delhi HC Allows Father to Exercise Vacation Custody in USA Without Bringing Child to India

The Court asserted that since the respondent-father had already travelled to USA, he could spend time with the child there and to give priority to the minor child, he could extend his stay in USA by working remotely from there.

Absolute liability of electricity company for electrocution death

Case Briefs High Courts

Electricity company cannot shift blame to deceased victim; absolute liability for electrocution is non-delegable: Gujarat HC upholds ₹9.4 lakh compensation

Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to

arbitration clause consumer forum jurisdiction

Case Briefs Supreme Court

Arbitration clause cannot override consumer forum’s jurisdiction; Statutory remedy under Consumer Protection Act remains intact: Supreme Court

Supreme Court: In a civil appeal arising from a dispute concerning delayed delivery of a residential flat, the Division Bench of Vikram

30-day notice period under Special Marriage Act

Case Briefs High Courts

Can the 30-day notice period under the Special Marriage Act be waived? Delhi HC answers

Delhi High Court ruled that the mandatory 30-day notice period under the Special Marriage Act cannot be relaxed merely because one of the parties is required to join employment abroad, emphasising that courts cannot bypass express statutory requirements.