Case Briefs Archives

Pre-Deposition Certificate by Controlling Authority under Section 7(7) of Payment of Gratuity Act, 1972 enables employer to file appeal without actual deposit: Calcutta High Court

Calcutta High Court acknowledged that LIC had indeed transferred the amount and issued a certificate to employer, enabling them to file the statutory appeal.

Case Briefs High Courts

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.

Case Briefs High Courts

Significance of socio-cultural activities cannot be ignored: Delhi High Court permits Dussehra celebration at district park

“What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment.”

Case Briefs High Courts

Calcutta High Court upheld BL&LRO’s permission to private party for conducting Durga Puja on disputed land

Calcutta High Court held that since the party have been conducting Durga Purja on the said land for so many years, therefore, no question arises of asking for permission from others except BL&LRO.

Case Briefs District Court

‘Custodial Torture not part of official duty’; Gurgaon Court directs Commissioner of Police to take legal action against CIA officials

“It takes extraordinary courage for an accused to speak out for the atrocities committed by any police official. Simply because the allegations are coming from the mouth of the accused should not be the reason to outrightly disbelieve him.”

Case Briefs High Courts

Prohibition on cut flowers import through all airports, except for Chennai, not arbitrary against traders in Delhi-NCR region; aims to fortify nation’s biosecurity: Delhi High Court

“Biosecurity constitutes an integral facet of national security. The inadvertent introduction of invasive alien species or harmful exotic pests, whether through flowers, fruits, vegetables, or other pathways, poses a grave threat to the country’s native agricultural produce and, by extension, its agrarian economy.”

Case Briefs Supreme Court

Trial not likely to be concluded soon; SC grants bail to NDPS accused after 6 years in Jail

The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.

Case Briefs Foreign Courts

Supreme Court of Mauritius decriminalises sodomy between two consenting adult males

S. 250(1) of Criminal Code Act, 1838, is discriminatory in effect, and breaches Section 16 of the Constitution inasmuch as it criminalises the only natural way for homosexual men to have sexual intercourse.

Case Briefs High Courts

Delhi High Court criticizes Authorities for abusing procedure of booking venue for Ramlila and Dussehra Mela

“The basic requirement of Article 14 of the Constitution is that any action of the State must be non-arbitrary in essence and substance. It is the heartbeat of fair play and State actions are amenable to judicial review to the extent that the State must act validly for a discernible reason and not whimsically.”

Case Briefs Supreme Court

COVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court

The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.

Case Briefs Supreme Court

Child Custody| Supreme Court modifies Family Court’s order, allows father to meet child in mall instead of Court premises

Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.

Case Briefs High Courts

[Asian Games 2023] Delhi HC upholds disassociation of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) due to sexual harassment allegations

“The High Court would be empowered to exercise the powers when it finds that the decision impugned is so arbitrary and capricious that no reasonable person would have ever arrived at.”

Case Briefs Supreme Court

Supreme Court rebukes Jharkhand Govt. for sleeping over 20-year-old case on back wages; Summons State’s Chief Secretary

During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.

Case Briefs High Courts

Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018

Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation

Case Briefs High Courts

WYNK v. TIPS Copyright Battle | “Statutory licenses under Section 31D restricted to traditional non-internet-based radio and television broadcasting and performances”; Bombay High Court affirms Single Judge order

Wynk claimed that Section 31D covers all kinds of dissemination that may be encompassed by the phrase “broadcast” or “communicating to the public”, but does not expressly say anything about the internet, does not prohibit or forbid internet-based services, radio-like or not.

Case Briefs District Court

Delhi Court discharges Baidyanath Ayurved, its Director and public officials from coal block allocation case

The Ministry of Coal’s policy was concerned with end use and the end use for the Baidyanath Ayurved being ‘power’ was in conformity with the MoC’s policy.

Case Briefs High Courts

Telangana High Court upholds CRPF personnel’s termination on grounds of mental illness and depression

“In an organisation like CRPF, which is India’s largest paramilitary Force, a member with a mental condition cannot be expected to perform his duties with utmost commitment and discipline.”

Case Briefs District Court

Delhi Court grants divorce to Shikhar Dhawan on grounds of mental cruelty by wife; Grants visitation rights for minor son

The wife’s intentional decision to leave the mater uncontested shows her desire that court should pass decree of divorce even at the cost of holding her guilty of matrimonial offence as she knows that no harm could be caused to her even if she is held to have treated the husband with cruelty because she has already obtained sufficient favourable orders from the Federal Circuit and Family Court in Australia.

Case Briefs High Courts

“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC

Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.

Case Briefs Supreme Court

Lack of facilities, teachers led to cancellation of 2022-2023 admissions; CLAT to cover NLU Tripura Admissions from 2024-2025 onwards: SC

NLU, Tripura is ready for fresh admissions in 2023-2024 with all the available facilities.