Case Briefs Archives

Family Court has the power to order a person to undergo medical test, even if the marriage is denied: Andhra Pradesh High Court reiterates

“A Matrimonial Court has the power to order a person to undergo medical test, therefore, it cannot be contended that the relief cannot be granted merely because the marriage was denied.”

Case Briefs High Courts

An estranged wife has a right to seek amount of maintenance in the like status of her spouse; Rajasthan High Court enhances the quantum of maintenance

The object of maintenance proceeding would be that one party having no sufficient means to satisfy his/her daily needs and has no source of income to procure bread and other needs which are necessary to maintain one's life, if the same is to award after 10 years of the prayer then the very purpose would be frustrated and defeated.

Case Briefs High Courts

Does refusing paternity leave to father violate a newborn child’s right to life? Madras High Court answers

The Central Civil Services (Leave) Rules, 1972 provides with paternity leave. But such a welfare measure is not provided by the various states in India, including the state of Tamil Nadu. This case marks the need for paternity leave legislation in India.

Case Briefs Supreme Court

Whether Customs Act creates a first charge, overriding the charge in favour of secured creditor? SC answers

“Provisions in the Customs Act, 1962 do not negate or override the statutory preference in terms of Section 529A of the Companies Act, 2013”.

Case Briefs High Courts

Karnataka HC quashes criminal proceedings against 2 persons accused of drawing pro-hijab graffiti on walls of a government school

The Court quashed the proceedings on the ground that the district wherein the school was situated, does not come under the ambit of Karnataka Open Places (Prevention of Disfigurement) Act, 1981.

Case Briefs High Courts

Calcutta High Court dismisses plea for no coercive measures for non-compliance of summon issued by Enforcement Directorate

Calcutta High Court held that “no case is made out to seek the exceptional relief of ‘not to take coercive action'.”

Case Briefs High Courts

S 34 (4) cannot save or aid an arbitral award suffering from illegalities stipulated under S. 34(2) Arbitration Act: Delhi High Court

Section 34 of the Arbitration Act is a clear and unequivocal embodiment of the Legislature‘s intent to balance the competing facets of arbitration, I.e., on one hand, while courts are enjoined to follow the minimalist intervention route, it would clearly be a travesty of justice if they were to fail to intervene where circumstances warrant, and demand corrective measures being adopted.

Case Briefs High Courts

Delhi High Court issues directions to provide infrastructure to ensure persons with disabilities can participate in proceedings

“No citizen in this country should feel that due to his physical or mental disability, justice is not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system.”

Case Briefs High Courts

Composite trade marks not to be dissected to determine deceptive similarity, comparison to be made as a whole: Delhi High Court

“The plaintiff's mark and the defendants' mark are composite trade marks, which imply that they are a combination of different elements, and their registration willd not grant an exclusive right in the word ‘d mart'.”

Case Briefs High Courts

Misuse of Section 498-A IPC| Madhya Pradesh High Court quashes criminal case against in-laws, calls it “a case of reverse cruelty”

“Now a day it is very common for the husband and wife to reside or do jobs outside of India and their parents are made to suffer in India by way of criminal or matrimonial litigation.”

Case Briefs Supreme Court

Supreme Court analyses application of Non Est Factum and Misrepresentation

“Non-framing of an issue, which is otherwise covered in a broader issue and for which there was sufficient pleading and evidence, the suit could not have been dismissed on that ground.”

Case Briefs Supreme Court

‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings’; SC Observes

“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.

Case Briefs High Courts

Calcutta High Court acknowledges Durga Puja festival’s cultural and secular dimensions, allows hosting “Durga Utsab 2023” on New Town Mela Ground

Calcutta High Court held that the New Town Mela Ground, specifically designated for fairs, could not be equated with streets or playgrounds.

Case Briefs High Courts

Developers do not have a right to default: Bombay High Court cancels NOC to Nishcon Realty for MHADA project

In the Order dated 7-08-2023, the Bombay High Court had directed Nishcon Realty along with its cohorts to bring 50% of amount of the arrears that was due as transit rent, but nothing was deposited by them.

Case Briefs Supreme Court

Retired employees cannot claim vested right to apply the extended age of retirement retrospectively: Supreme Court

“The Doctrine of Legitimate Expectation does not have any role to play in matters that are strictly governed by the service regulations. This is an exercise that is undertaken by the State in discharge of its public duties and should not brook undue interference by the Court.”

Case Briefs High Courts

A politician is not disabled from being appointed as a Chairperson of the Bihar State Food Commission: Patna High Court

“No mandate on the State to carry out public advertisement, especially when a Selection Committee was appointed which could device a method by which the search of suitable people could be made, and recommendations could be given to the Government.”

Case Briefs High Courts

Writ Court should not intervene to permit activities like Puja amid property title dispute: Calcutta High Court

Calcutta High Court suggested the respondent committee to approach the Civil Court through an appropriate interlocutory application for permissions related to puja.

Case Briefs High Courts

Artificial Intelligence cannot substitute human intelligence in adjudicatory process: Delhi High Court refuses to rely on ChatGPT responses

“Accuracy and reliability of an Artificial Intelligence (‘AI') generated data is still in the grey area. At best the tool could be utilized for a preliminary understanding or for preliminary research and nothing more.”

Case Briefs High Courts

“Holistic and Common-sense interpretation of Arbitration Clause”; Calcutta High Court grants interim relief, allows access to financial records and account funds

Calcutta High Court held that all the reliefs sought by the petitioner is to protect the subject matter of the arbitration and to preserve the rights of the parties under the Share Purchase Agreement (SPA).

Case Briefs High Courts

Delhi High Court directs authorities to provide counselling to parents to accept their daughter’s sexual orientation

“The Director of Shakti Shalini Shelter Home is directed to provide counselling session to the missing person. It is further directed that parents of missing person shall also be counselled to prepare them to accept their child’s wishes.”