Case Briefs Archives

High Courts to enact rules on post-retirement benefits

Directions by HCs to enact rules on post-retirement benefits by writ of mandamus or otherwise is contrary to Separation of Power: SC

“The Chief Justice does not have the power, under Article 229, to make rules pertaining to the post-retiral benefits payable to former Chief Justices and Judges of the High Court”.

Case Briefs High Courts

Fundamental right to hold passport cannot be curtailed; Andhra Pradesh High Court directs Police to release siezed passport of a Non-resident Indian

“The passport has been seized in contravention of the existing laws in operation and such an exercise is unwarranted and is in violation of Articles 19 and 21 of the Constitution.”

Case Briefs High Courts

Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally

Gauhati HC opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.

Case Briefs High Courts

Delhi High Court grants bail to a man accused of raping woman he met on dating app on pretext of marriage

“The petitioner stated that he and the complainant met on a dating App and not on matrimonial App. The allegation of false promise of marriage is only an afterthought.”

Standard Operating Procedure on summoning of government officials

Case Briefs Supreme Court

Standard Operating Procedure framed by Supreme Court on summoning of government officials: All you need to know

“The use of the power to summon the presence of Government Officials must not be used as a tool to pressurize the Government, particularly, under the threat of contempt.”

Case Briefs High Courts

Delhi HC directs MCD and DFS to constitute a Joint Task Force to inspect coaching centres in Mukherjee Nagar in respect of fire and public safety norms

“All institutes/ centres operating in Mukherjee Nagar shall ensure that process of instruction and training to enrolled students is not disrupted and in case of temporary closure, they shall ensure that instruction through online mode is continued.”

Case Briefs Supreme Court

Appointment can’t be denied over Trivial and Bonafide error in DOB; SC directs State to treat Police Constable Applicant as “Passed”

The exception for trivial errors or omissions is based on the reason that ‘law does not concern itself with trifles’, based on the legal maxim- ‘De minimis non curat lex’.

Case Briefs Foreign Courts

Supreme Court of Western Australia permits a 62-year-old woman to remove and store sperm and associated tissue from her deceased husband’s body

The Court clarified that the order is limited to permitting the removal of the spermatozoa and does not constitute authorisation for the spermatozoa to be used by the applicant.

Case Briefs High Courts

Calcutta High Court dismisses petition challenging provisional attachment of bank account under Section 83 of CGST Act, 2017

The Calcutta High Court rejected the objection regarding the maintainability of the writ petition, stating that part of the cause of action arose within the territorial jurisdiction of the court.

Case Briefs High Courts

Filing SLP to challenge dismissal of criminal appeal is crucial right of convict; Delhi High Court grants four-weeks parole to convict for filing SLP

“Except the two incidents wherein punishment was awarded to the petitioner, the nominal roll does not find mention of any misconduct on the part of the petitioner, after May, 2017 till date i.e. for the last more than six years.”

Case Briefs High Courts

“S. 22, POCSO Act prohibits prosecution and punishment of a minor for perjury”: J&K and Ladakh HC, reiterates

“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.

Case Briefs High Courts

Delhi High Court denies interim injunction to Khadi and Village Industries Commission in a trade mark infringement dispute

“The terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill and reputation for a plea of passing off to succeed, is the date of commencement, by the defendant, of the rival mark.”

Case Briefs High Courts

Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause

The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on relevant date for determining candidate’s eligibility under Haryana Civil Service (Executive Branch) Rules

Supreme Court said that the officers of the Haryana Civil Service must be free from both ongoing and contemplated disciplinary proceedings to be eligible under Rule 9(1)(a)(iii).

Cancellation of Deed is an action in personam

Case Briefs Supreme Court

Cancellation of Deed is arbitrable being an action in personam: Supreme Court’s verdict explained

The appellant had raised an objection raised on application of Section 8 of the Arbitration Act, that ‘the cancellation of a document relating to immovable property i.e. land was sought and therefore it amounts to an action in rem and hence, the matter was non-arbitrable.’

Case Briefs High Courts

Madras High Court upholds State Government’s power to appoint Public Prosecutors and Additional Public Prosecutors under S. 24 (6A) of CrPC

The petition was filed by an Advocate, challenging the appointment of Public Prosecutors / Additional Public Prosecutors in all District Courts within the territorial Jurisdiction of Madurai Bench.

Case Briefs High Courts

‘Advocates practicing in other states ineligible for post of District Judge’; Telangana HC upholds Rule 5(1)(a) of Telangana State Judicial (Service and Cadre) Rules, 2023

“The object of enactment of the Telangana State Judicial (Service and Cadre) Rules, 2023 is to recruit suitable candidates to Telangana State Judicial Service who are acquainted with the practice of local Courts in Telangana and have the knowledge of local laws.”

Case Briefs High Courts

Calcutta High Court dismisses Berger Paint’s trademark infringement plea against JSW Paints due to lack of deceptive similarity

The Calcutta High Court stated that Trademark dilution protects well-known trademarks from losing their appeal when used in connection with diverse and dissimilar products or services.

Case Briefs High Courts

Calcutta High Court upholds Kolkata Municipal Corporation’s authority to levy Stallage and related charges and penalties

The Calcutta High Court validated the demand notice based on the approved proposal in 2011 and upheld KMC’s power to levy stallage and fees.

Case Briefs High Courts

‘Collecting money ostensibly for charitable activity not permitted when foreigner comes to India on business visa’; Delhi HC upholds deportation of a US citizen

“Petitioner, a citizen of USA, had come to India under a valid visa and was deported from India by the Bureau of Immigration from Trivandrum Airport, Kerala on 28-11-2022.”