Case Briefs Archives

Provisions of Maternity Benefit Act, 1961 must be enforced strictly; Himachal Pradesh HC directs to pay compensation to employee terminated during her pregnancy

“To conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for existence of society. Keeping in view arduous nature of this duty, she must be provided facilities to which she is entitled.”

Case Briefs High Courts

Accused cannot be coerced to reveal/disclose password in regard to digital evidence while trial is ongoing: Delhi High Court

“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”

Case Briefs Supreme Court

Supreme Court sets aside Delhi High Court order granting default bail to man accused under UAPA

Supreme court said that offences involving terrorist activities having not only Pan India impact but also impact on other enemy States, should not have been taken so lightly.

Case Briefs High Courts

Uttaranchal HC takes suo motu cognizance of illegal felling of trees in jungle areas of Kaladhungi to Bajpur; directs State to take action against erring officials

“No committee was ever constituted to determine as to who will be the actual traditional forest dwellers or a Scheduled Tribe, who can be protected by the rights conferred upon them by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”

Tribunals/Commissions/Regulatory Bodies

Securities Appellate Tribunal directs restitution of shares pledged in favour of Axis Bank, ICICI Bank, Bajaj Finance, HDFC Bank and IndusInd Bank

The appropriate process was not done and like a highway robber NSDL through illegal directions from SEBI transferred the pledged shares which were fungible, to the clients of Karvy which action was without any authority of law.

Case Briefs Supreme Court

Supreme Court rejects plea questioning an Indian’s detention in plot to kill pro-Khalistan lawyer GS Pannun

The Indian man is currently in detention/ custody at Pankarac prison in Prague, Czech Republic.

Case Briefs High Courts

Delhi HC restrains Dr. Reddy’s Laboratories Ltd. from commercially launching any product consisting of ‘Olaparib’ till 12-03-2024

“Dr. Reddy’s is willing to give an undertaking that it will not commercially launch product ‘Olaparib’ prior to expiry of Kudos Pharmaceuticals’ patent and until then, it will only undertake activities which are permissible u/s 107-A of Patents Act, 1970.”

High Courts

Persons with Disabilities to be given choice for transfer/posting at preferred place; May be exempted from rotational transfers: Delhi High Court

“State shall ensure that the persons with disabilities are not subjected to unnecessary and relentless harassment by being transferred/posted at places where they are unable to get an environment which is conducive for their working.”

High Courts to enact rules on post-retirement benefits

Case Briefs Supreme Court

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.”