Case Briefs Archives

Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC

The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Stubble fires in Punjab | Selective approach and no uniformity in registering FIRs against farm fires: NGT

The NGT said that the Chief Secretary’s direction to accord top priority to control the stubble burning and ensure that such incidents are immediately reduced to zero, however, did not bring about any fruitful results.

Case Briefs Supreme Court

[RSS Route March] Supreme Court directs TN Government to submit proposal before Madras HC on allowing future route marches without Court’s intervention

Tamil Nadu Government had agreed before Supreme Court that it would allow RSS to hold marches in various districts across the state. Accordingly, the Court asked RSS to submit the proposed routes to the State within 3 days and the State to take a decision on the routes by 15-11-2023

Case Briefs High Courts

Delhi High Court directs Acko General Insurance to take down social media listings displaying ‘Humanity’ mural of St+Art India Foundation

“The hoarding incorporating the mural would reveal that it is clearly an advertisement and that defendant’s advertisement reproduced plaintiff’s mural titled ‘Humanity’.”

Case Briefs High Courts

Fake Passport and Visa Stickers | Gujarat HC denies bail to person accused of making 79 fake passports

The Court said that there are chances that “if the accused is enlarged on bail, he may utilize his international contacts all over the world for himself and may fly away”.

Case Briefs High Courts

Delhi High Court directs GNCTD to constitute ‘High-Powered Committee‘ for implementation of 6th and 7th Central Pay Commission for unaided minority schools

Any employee working with an organization has the reasonable expectation of being paid a salary decently so that he can afford a decent standard of living from the said income. In case, the employee is not paid adequately, the same may render the employee unmotivated to work and the employee may not give his best in the organization and may look for other suitable jobs to supplement his/ her income.

Case Briefs Supreme Court

High Courts or Sessions Courts can grant transit anticipatory bail in FIRs registered outside their jurisdiction, subject to conditions: SC

Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.

Case Briefs High Courts

Punjab and Haryana HC grants bail to Ex-CIA Officer charged of helping Sidhu Moose Wala murder accused in absconding

It was alleged that the said accused absconded from custody under a conspiracy, since the petitioner took him away alone in his private vehicle in the absence of any other security along with him.

Supreme Court Bar Association Housing Society elections

Case Briefs High Courts

Delhi High Court directs Supreme Court Bar Association Housing Society to conduct fresh elections; Appoints Justice Dhingra as the Returning Officer to conduct the elections of the Board

As there cannot be a vacuum in law, the process of election cannot be stalled specially, when a provision exists, whereby, fresh election has to be conducted in a particular manner.

Case Briefs High Courts

Even a voluntarily signed blank cheque leaf would attract presumption under section 139 of NI Act: Kerala High Court

Kerala High Court stated that the petitioner failed to adduce any cogent evidence to prove that the cheque in question was not aimed at discharging any legally enforceable debt.

Case Briefs High Courts

Revenue Courts cannot pass order by using rubber stamp seal: Allahabad HC directs Board of Revenue to apprise Courts, the way order sheet should be drawn

Allahabad High Court had cleared that it has not examined the case of either of the parties on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.

Case Briefs Supreme Court

Court can consider parity in pay scales for historically similarly placed employees: Supreme Court reiterates

Supreme Court regarded the High Court’s conclusion to be ‘unexceptionable’ since it did not equate two sets of employees in different organisations.

Case Briefs

Unlock the Mystery of Legality in the Online Gaming Realm!

Case Briefs High Courts

Delhi High Court refuses interim relief to ArcelorMittal Nippon Steel seeking supply of LNG from GAIL in November 2023

The procurement of LNG may become onerous as had happened in August and December 2022 but no irreparable loss and injury would result to the ArcelorMittal Nippon Steel.

Case Briefs High Courts

Explained | Allahabad HC permitted Amity University student to give MBA exam who was initially denied taking exam due to inadequate attendance

The matter was expedited, with the Chief Justice personally hearing the case at his residence on the same day.

Case Briefs High Courts

Explained| Madras HC verdict on Single Judge order which directed Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

“Lawyers, as a whole, belong to a separate homogenous group called ‘Gentlemen’. However, it is unfortunate that the said homogeneous community is trying to use this Court to create a casteist atmosphere which is highly deprecated”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT

The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on importance of interpreting commercial contracts in line with the original intent of parties involved

Supreme Court said that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better

Case Briefs High Courts

Delhi High Court restrains RPS Infrastructure Limited from using World Trade Centre marks or WTC logos

Clause 2.6 of the MOU signed between the parties clearly stipulates that upon termination/determination of this agreement the developer/respondent shall have no right to use any brand/mark associated with the consultants/petitioners, and/or any brand/mark identical or deceptively similar thereto, in relation to Project, expansion or part thereof.

Case Briefs High Courts

75% quota for Haryana residents in private sector jobs unconstitutional: Punjab and Haryana High Court

Punjab and Haryana High Court opined that the restrictions imposed through the 2020 Act have far reaching effect and cannot be held to be reasonable in any manner.