Case Briefs Archives

University’s Ordinance for self-regulation cannot override student’s right to education and dignity; Delhi HC directs University to consider students’ application for Migration

“It is incumbent upon educational institutions to make the necessary allowances to ensure that students, who are disadvantaged due to medical reasons, are also provided quality education.”

Case Briefs High Courts

Delhi High Court refuses to restrain the use of the song ‘JALSA’ in movie ‘MISSION RANIGANJ’

The present case highlights the precarious position in which artists, film producers, companies who manage rights in music, and others are placed due to the execution of multiple agreements in respect of the same work.

Case Briefs High Courts

Explained | Sanathana Dharma is a set of ‘eternal duties’: Madras High Court

Madras High Court remarked that an idea appears to have gained ground that Sanadhana Dharma is all about, and only about, promoting casteism and untouchability

Case Briefs High Courts

Wrongful detention | Gujarat HC grants 1 Lakh compensation to prisoner who spent 3 years in jail after Bail

The Convict was released on regular bail on 29-09-2020, however, the jail authorities did not open the E-mail containing the bail order.

Case Briefs Supreme Court

Home Ministry to prepare a comprehensive manual on media briefings by police personnel: Inside Supreme Court verdict

Supreme Court directed the Ministry of Home Affairs to complete the manual on media briefings by 31-12-2023

Case Briefs High Courts

No copyright can be claimed in scriptures; their adaptations are entitled to copyright protection: Delhi High Court

“There can be no copyright claimed in the Scriptures. However, any adaptations of the said work including providing explanation, summary, meaning, exegesis/interpretation or creating any audio-visual works being transformative works, will be entitled to copyright protection.”

Case Briefs Supreme Court

SC discusses scope of Judicial Interference with arbitral awards under Section 34 of A&C Act

“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.

Case Briefs High Courts

Agreement/Settlement cannot override statutory Gratuity payment obligations under Payment of Gratuity Act, 1972: Calcutta High Court

The Court held that the contradiction between agreement and provisions of the Payment of Gratuity Act, 1972, rendered the agreement unenforceable in terms of payment of gratuity.

Case Briefs High Courts

No absolute bar on writ jurisdiction of High Courts in promissory estoppel disputes between State and its instrumentalities: J&K and Ladakh HC

The case revolved around a special package sanctioned by the Govt. of India for the revival of infrastructural projects which were affected severely due to rise of militancy in Jammu and Kashmir in the 1990s.

Case Briefs High Courts

[Unstamped Arbitration Agreement] Bombay High Court fixes deficiency of stamp duty and penalty

The Bombay High Court explained that if it was to consider the instant application under Section 11 of A&C Act, it would have to work on the deficiency of stamp duty and penalty, if any.

Case Briefs High Courts

Outraging the Modesty of a Woman| Ultimate test is if the act is capable of shocking the sense of decency of a woman: Calcutta High Court

Calcutta High Court held that there is no substantial evidence against the petitioner, and hence, allowing the case to proceed would be an abuse of the legal process.

Case Briefs Supreme Court

SC orders IAF, Army to pay Rs. 1.55 Crore to Veteran infected with HIV after blood transfusion at Military hospital; Centre and States to issue HIV/AIDS guidelines, welfare schemes

The Supreme Court held that the IAF and the Indian Army were vicariously liable, jointly and severally, as the former was Veteran’s immediate employer and the latter was the organization controlling and in charge of the Military Hospital

Case Briefs Supreme Court

Supreme Court refuses to interfere with Calcutta HC order holding Notification altering stage carriage permits as constitutional

In the case at hand, because of the impugned notification, the stage carriage permit holders were required to stop at two new bus stations in Burdwan Town, instead of the old bus station where they were used to stop.

Case Briefs High Courts

Calcutta High Court quashes WBSEDCL’s Office Order on worksite safety and blacklisting; Prohibits WBSEDCL from penalising Contractors until Report Submission

Calcutta High Court observed that the Contractors have a duty to ensure their labor force complies with safety norms, and WBSEDCL is responsible for overall supervision.

Case Briefs High Courts

High Tension line installation not a property “acquisition” to attract rigours of Article 30(1A) of Constitution of India: Calcutta High Court

Calcutta High Court emphasized on the need to strike a balance between Article 30 of the Constitution of India and public interest.

Case Briefs High Courts

Party’s non-objection to similar mark during registration, estops it later from taking different stand; Raj HC affirms Trial Court decision of denying injunction to ‘Ornate Jewels’

“Impugned order passed on the application for temporary injunction is discretionary in nature and until and unless the same suffer from arbitrariness, perversity or grave illegality, which leads to miscarriage of justice, such order does not warrant interference by the Appellate Court.”

Case Briefs High Courts

Government servant must uphold high conduct standards both in private and public life: Rajasthan High Court

“The divesting status of a government servant from his office duty-hours to lead his personal life the way he likes by leading an immoral life, cannot be countenanced by bestowing unfettered right in favour of such government servant.”

Case Briefs Supreme Court

Motive under Prevention of Corruption Act | Court cannot be oblivious to statutory presumption permissible under Section 20: Supreme Court

Supreme Court pointed out that the pre-trap and post-trap proceedings were duly proved by the prosecution in the instant matter through witnesses who supported the prosecution case.

Case Briefs High Courts

Calcutta High Court upholds West Bengal Housing Board’s autonomy; invalidates State’s regulation of service conditions of Board’s employees

The Calcutta High Court set aside the orders dated 17.10.2017 and the communication dated 28.11.2017 as the same is without jurisdiction, along with consequential steps taken by the West Bengal Housing Board.

Case Briefs High Courts

Object of Senior Citizens Act, 2007 to ensure parents are not deprived of own properties at the instance of their children: Bombay High Court

“A Mother executing gift of her residential bungalow in favour of her son is bound to expect that the son would let her reside in that bungalow.”