Case Briefs Archives

Misuse of RTI Act will dilute its importance and make government servants dither from carrying out their activities: Delhi High Court

“The Court has unfortunately been coming across various cases where abuse of Right to Information has led to paralysis and fear among Government officials.”

Case Briefs High Courts

No one, including any litigant or lawyer, can carry arms in Court premises except police official on duty: Allahabad HC issues directions

“The worth of a lawyer flows from his pen, extreme hard work and his understanding of law and not from the barrel of a gun”

Case Briefs Supreme Court

Air Force Tribunal a quasi-judicial body with governing legislation, cannot direct formation of a policy: Supreme Court

“Challenging the basis of promotion after having participated in the process on consideration of promotion and having been declared unsuccessful thereunder, is not a valid ground to impugn the policy/method”

Case Briefs High Courts

Bounden duty of State to ensure that Article 21 of Constitution is not violated; Allahabad HC grants interim stay on demolitions in Lucknow’s Akbar Nagar

Allahabad High Court said that it is of no doubt that the petitioners have not been able to demonstrate any prima-facie title in their favor, but have successfully established their possession, even if the said possession is an illegal possession.

Case Briefs Foreign Courts

“Inventor within the meaning of Patents Act, 1977 must be a natural person”; UK SC upholds Comptroller’s refusal to regard DABUS the AI Machine as ‘inventor’

The Court unanimously stated that the Comptroller was right in determining that the appellant was not entitled to apply for the patents simply by his ownership of DABUS.

Case Briefs High Courts

‘Not in good taste’; Delhi High Court directs ECI to decide on Rahul Gandhi’s ‘false & vilifying speech’ case within 8 weeks

“Though the statements in the speech made by Rahul Gandhi, if true, are not in good taste, yet the Election Commission of India is examining the matter.”

Case Briefs High Courts

Delhi High Court dismisses plea by Centre for PIL and Harsh Mander seeking probe into alleged over invoicing by Essar Group, Adani Group among others

The petitions are premised upon a show cause notice issued by DRI promulgating that the intelligence has indicated that various entities of Adani Group and Essar Group were indulging in gross over-valuation of imported goods (zero or low duty rated) to siphon off money abroad from Public Listed Companies.

Case Briefs High Courts

J&K and Ladakh HC modifies a 5-year-old Trial Court order restraining a man from opening the windows of his house

The High Court opined that the petitioner has a right of opening of windows on his property even if they are facing towards the house of the respondent.

Case Briefs High Courts

Orissa HC grants Rs 10 lakhs compensation to family of a minor who died of dogs attack

“Punishing the offender alone cannot comfort the victim’s family much. Monetary compensation is often the most effective way to ease the family’s pain.”

Case Briefs High Courts

Granting repeated adjournments in routine manner affects judicial system; Rajasthan HC directs Revenue Courts to adjudicate old cases on priority

“The instant case is a glaring case where the petitioners took a time of two decades to complete their evidence and thereafter, the respondents are regularly seeking time to produce their evidence since last more than twenty years.”

Case Briefs Supreme Court

Delhi Judiciary Infrastructre Projects pending since 2014; Supreme Court issues Directions to GNCTD for timely construction and tender floating

GNCTD has been directed to float tenders for the construction of various judicial infrastructure projects, namely the Karkardooma Court Complex, Sector 26 Rohini, Rouse Avenue, centralized record room and digitization centre for catering all the District Courts of Delhi and additional Court rooms, etc.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CM Anna Bhagya Scheme | NHRC directs road repairs in MM Hills villages for food grain delivery

NHRC promptly intervened, directing repairs for crucial roads, pivotal for tribal families’ access to essential food grains under the Anna Bhagya Scheme in Male Mahadeshwara Hills, Karnataka, securing their well-being and safety.

Case Briefs High Courts

Bombay High Court upholds maintenance to second wife under Section 125 of CrPC

Referring to the evidence produced by the second wife and her readiness for the DNA test, the Bombay High Court was of the view that the husband could not be allowed to deny maintenance to the second wife.

Case Briefs High Courts

Madras HC remands patent application on ‘Aluminum Trihydrate Particles’ for reconsideration; finds Controller’s order unreasoned

While drawing the conclusion that the application does not fulfil the requirements of Section 16, the respondent has merely referred to the objections raised in the hearing notice.

Case Briefs High Courts

Delhi High Court declares shaded ‘N’ mark of New Balance Athletics, Inc. as a ‘well-known mark’ in relation to footwear

“Global use of shaded ‘N’ logo of New Balance Athletics, Inc., and registration of the logo in India since 1997 along with its enforcement, leaves no doubt that said writing style in respect of footwear is exclusively associated with New Balance.”

Case Briefs High Courts

No mention of mode of service of notice to husband in proceeding under S.125 CrPC; Allahabad HC set aside ex-parte maintenance order

To afford an opportunity to the husband to present his case before the court below and to ensure the just decision of maintenance case filed under Section 125 CrPC, Allahabad High Court set aside the ex-parte maintenance order

Case Briefs High Courts

‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act

“In the context of Section 14 of Limitation Act, 1963, what needs to be seen is whether appellant has brought on the record any evidence to show that he is prosecuting the previously instituted suit with due diligence.”

Case Briefs High Courts

Constitutional obligation on States to ensure clean environment; Himachal Pradesh HC dismisses petition challenging NGT’s jurisdiction over eco-sensitive areas

“Record and statistics revealed unplanned development particularly of hotels, lodges, home stays which was in violation of sustainable development. Therefore, exercise of power on the general issue in the Original Application cannot be termed to be suo-moto.”

Case Briefs High Courts

Right to property| Calcutta High Court directs payment of compensation under Article 300A despite substantial delay

Calcutta High Court held that the Municipality’s possession without proper acquisition procedures is deemed illegal, and the State is directed to initiate proceedings and pay compensation.

Case Briefs High Courts

Patna High Court quashes case against Navjot Singh Sidhu for cautioning people of Muslim community about dividing their votes

“From the content of the speech, it does not appear that petitioner has tried to promote feelings of enmity or hatred between two classes of people or two religions but in fact he has only said that Owaisi is trying to divide the votes of Muslims.”