Case Briefs Archives

[Immoral Trafficking] P&H High Court asks Chandigarh authorities to frame guidelines for operation of Spa/Massage Centres

Punjab and Haryana High Court dismissed the instant petition for pre-arrest bail since people were found having sexual intercourse during police raid in Spa Centre being run by the petitioner, a matter which awaited further investigation.

Case Briefs High Courts

Divorce petition u/s 27 of the Special Marriage Act can be heard by Additional District Judge: Andhra Pradesh High Court

“Section 11(2) of Andhra Pradesh Civil Courts Act, 1972 empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.”

Case Briefs Supreme Court

Inside the Supreme Court Verdict: How Ex-RJD MP Prabhunath Singh was Convicted in 1995 Double Murder Case

With Ex-RJD MP Prabhunath Singh’s highhandedness and the police, the public prosecutor and the Judiciary failing in their duty, the Supreme Court called the case an “exceptionally Painful Episode of Criminal Justice System”.

Case Briefs High Courts

[Stray Dog Birth Control] Sterilization and immunization of stray dogs is an important public function: Delhi High Court

The main grievance of the petitioner is non-compliance with rules made under the Prevention of Cruelty to Animal Act, 1960 i.e. The Animal Birth Control (Dog) Rules, 2001 that states taking up regular sterilization and immunization programmes of stray dogs, in order to curtail the growing population of stray dogs.

Case Briefs High Courts

Calcutta High Court prioritises students’ interest; directs reconsideration of teacher’s transfer application

“Once a teacher fulfils the eligibility criteria for transfer, the authority must take steps to fill up the resultant vacancy as per the norms existing within a reasonable time.”

Case Briefs Supreme Court

Supreme Court | Section 3(2) of Andhra Pradesh Prevention of Dangerous Activities Act, 1986 deals with delegation of powers, not detention period

Holding that Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722 does not lay down the correct law, the Supreme Court observed that Section 3(2) has nothing to do with the period of detention.

Case Briefs High Courts

Milk cream is a product different from milk, hence not exempted from tax: Himachal Pradesh High Court

“A person who wishes to buy milk cream would not go to the market and ask for milk. He would only ask for milk cream because it is a separate product, though also a milk product.”

Case Briefs High Courts

Delhi CM House Renovation case: PWD engineers moves Delhi High Court against show cause notice issued by Vigilance Department; Court issues notice

As per reports, the case relates to alleged wasteful expenditure of almost Rs 53 crore on the renovation of Chief Minister Arvind Kejriwal’s official residence.¹

Case Briefs High Courts

Interest on delayed refunds to be calculated from the date of receipt of application under Section 11-B of the Central Excise Act, 1944: Delhi High Court

“A levy of interest on refund must undoubtedly follow where it was found that the amount has been unjustifiably retained or remitted with undue delay and thus, the respondents cannot be permitted to retain moneys which are otherwise not due or are otherwise liable to be returned.”

Case Briefs High Courts

Allahabad High Court imposes Rs. 10, 000 cost on CIT for passing order in violation of principles of natural justice

Allahabad High Court has said that notice under Section 263 was prepared and uploaded on 28-03-2022 and the same was received on the fixed date and the impugned order dated 31-03-2022 has been passed in gross violation of the principles of natural justice.

Case Briefs High Courts

Attempt to commit suicide and false allegations of illicit relationship, amount to mental cruelty: Delhi High Court reiterates

“False allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive.”

Case Briefs High Courts

Delhi High Court denies interim injunction to Sun Pharma Laboratories for its drug ‘PANTOCID’

“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”

Case Briefs High Courts

“Shiver runs down the spine”; J&K and Ladakh HC upholds conviction and sentence of grandfather who raped his 1-year-old granddaughter

“Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated”.

Case Briefs High Courts

Delhi High Court| Air India not ‘State’ under Article 12 after privatization; Employees of Air India Limited no longer fall within the domain of ‘public employment’

Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.

Case Briefs High Courts

Karnataka HC refuses to quash abetment to suicide case against manager and teammates accused of joking about their colleague’s sexual orientation

The Court emphasised that persons belonging to LGBTQ community should be treated with all the love and affection because sensitivity of them being ostracized already pervades in their psyche.

Case Briefs Supreme Court

Partition of Property may also be effected under a settlement or an oral understanding: Supreme Court

“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”

Case Briefs High Courts

Read why Madras HC directed authorities to appoint candidate as police constable who was denied job over a criminal case

Madras High Court said that the authorities failed to consider that there are no other criminal antecedents against the petitioner and this particular crime has nothing to do with any criminal implication, as he had only exercised his fundamental right to protest by participating in the protest organized by his fellow students and it will not have any implication as to the nature of the job for which he has applied.

Case Briefs High Courts

Calcutta High Court restrains Irrigation and Waterways Department from encroaching private land

The Calcutta High Court ruled in favor of the petitioners, finding that the respondents had not acquired the land in question and issued a writ of mandamus to restrain the encroachment.

Case Briefs Supreme Court

“Election contest not an action at law or suit in equity, but a purely statutory proceeding; Election provisions must be strictly construed”: Supreme Court

“Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of.”

Case Briefs High Courts

Rajasthan High Court commutes death penalty of a man convicted for rape and murder of 4 and a half-year old girl

“The Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.”