Case Briefs Archives

‘All defects rectified’; Delhi High Court orders commencement of operation of News TV Channel “Lokshahi Marathi”

“Petitioners were suggested to take corrective measures to ensure that entire activity of channel is under its own control and demonstrate the same through furnishing a future roadmap to align its structure and operations in accordance with the Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022.”

Case Briefs High Courts

Calcutta High Court appoints Special Officer to safeguard Iron Ore as post-arbitral award interim measures under Section 9 of Arbitration and Conciliation Act

The Calcutta High Court noted literal interpretation of Section 9 of the Act supports the idea of provisional relief before the final enforcement of the arbitral award under Section 36.

Case Briefs High Courts

Carrying forward of unfilled EWS/DG vacancies to next class in subsequent year is valid and legal; does not infract RTE Act: Delhi High Court

“Admitting EWS/DG students to the extent of at least 25% of the strength of its entry level class is the statutory obligation of every school which falls within Section 2(n)(iv) of the Right of Children to Free and Compulsory Education Act, 2009.”

Case Briefs High Courts

‘Duty of Welfare State to devise beneficial schemes for common people’; Calcutta High Court directs Centre to formulate policy on Kerosene Oil allocation

Calcutta High Court rejected the idea of directing a specific allocation but highlighted the duty of the government to formulate a policy.

Case Briefs High Courts

‘Correction of date of birth cannot be claimed as a matter of right’; Telangana High Court dismisses petition for alteration in date of birth in service records

“A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 do not permit alteration of date of birth on the basis of any judgement, decree or order of a Civil Court and no indulgence can be shown.”

Case Briefs High Courts

‘A treatment that is worse than the disease’; Delhi HC refuses prior censorship of any publication on Facebook regarding Rohingyas

“Where an Act provides a complete machinery for redressal the aggrieved party is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”

Case Briefs Supreme Court

‘High Court desisted from exercising contempt jurisdiction despite finding contemnor guilty’; Supreme Court sets aside Calcutta HC stay order

Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.

Case Briefs Supreme Court

‘No element of criminality’: Supreme Court quashes case of commercial dispute given colour of criminal offence

“A commercial dispute, which ought to have been resolved through the forum of Civil Court has been given criminal colour by lifting from the penal code certain words or phrases and implanting them in a criminal complaint.”

Case Briefs High Courts

Calcutta High Court upholds accused directors’ liability under Negotiable Instruments Act, 1881; set asides warrant against company for being a juridical person

Calcutta High Court held that a juridical person cannot be physically apprehended, and such an order is not executable.

Effective functioning of Environmental authorities

Case Briefs Supreme Court

‘Constitutional Courts monitor functioning of environmental bodies to protect environment and ecology’; SC lays down Guidelines for effective functioning of authorities

The Supreme Court gave directions to the Central Empowered Committee, entrusted with monitoring and compliance of the orders of the Supreme Court on Environment, to promote transparency and efficiency in its functioning.

Case Briefs High Courts

Disproportionate Assets | Calcutta High Court quashes FIR citing insufficient evidence and income assessment error during ‘Check Period’

“Section 482 CrPC, 1973, iterates the inherent power of the Court, which is extraordinary in nature and assiduously to be exercised to prevent the abuse of the process of any Court or otherwise to serve the ends of justice.”

Case Briefs High Courts

Conclusive Report of Central Drugs Laboratory u/s 25(4) of Drugs and Cosmetics Act, 1940 supersedes Government Analyst’s report: Himachal Pradesh HC

“The report of the Central Drugs Laboratory, Kolkata clearly shows that the sample was found to be conforming to the standard laid down, hence, the case of the prosecution that the Drug did not conform to the standard has been falsified by this report.”

Case Briefs High Courts

No conviction for causing miscarriage if there is no expulsion of embryo or foetus from the mother’s womb: Chhattisgarh HC

“Since miscarriage itself has not been proved beyond doubt, the other ingredients that Appellant 1 did that act with such intention and the miscarriage caused the death of woman and without the consent of woman are absolutely missing.”

Case Briefs Supreme Court

When can an application for Handwriting Expert’s Opinion in Cheque Dishonour Case be rejected? Supreme Court explains

The Supreme Court was called upon to decide whether the appellant Court was right in rejecting the application of the accused seeking opinion of the handwriting expert in Cheque Dishonour case.

Case Briefs High Courts

Bombay HC delivers split verdict in a case challenging IT Rules establishing Fact Check Unit

The petition was filed by political satirist Kunal Kamra along with the Editors Guild of India, the Association of Indian Magazines and the News Broadcast and Digital Association.

Case Briefs High Courts

Installation of mobile tower is not public utility service u/s 22A(b) of Legal Services Authority Act: Raj HC

“Jaipur Development Authority wrote to the petitioner that NOC was granted to it for the location near Shanti Marriage Garden, but the tower was installed elsewhere against the terms and conditions of the NOC.”

Case Briefs Supreme Court

“Practice of mentioning caste or religion of litigants should be shunned and ceased”: Supreme Court

“The caste or religion of parties should not be mentioned in the memo of parties of a petition/proceeding filed before the Court, irrespective of whether any such details have been furnished before the Courts below.”

Case Briefs High Courts

‘File affidavit on Internal Complaints Committee’s mechanism ensuring no manual intervention or pressure’: Gujarat HC to GNLU in sexual harassment case

GNLU was directed to disclose the measures taken by the ICC to ensure that the complaints lodged before the Committee reach them without any manual intervention or external pressure.

Case Briefs High Courts

Delhi High Court dismisses plea to grant injunction to Lotus Herbals for mark ‘Lotus’ against Deepika Padukone’s brand ‘Lotus Splash’

“The products are completely dissimilar in appearance with a wide difference in the prices of the products. A consumer who uses such products would be aware of the difference between ‘Lotus Splash’ and plaintiff’s lotus family of products.”

Case Briefs High Courts

[Palani Temple dispute] Non-Hindus cannot be allowed inside temple without written undertaking: Madras HC issues directions

“The Hindus also have fundamental right to profess and practice their religion freely and propagate their religion without interfering in their way of practice. Therefore, the Hindus have right to maintain their temples as per their customs, practices and Hindu Religious and Charitable Endowment Department is having duty to protect the temples from such unwanted incidents”