Case Briefs Archives

Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test

“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.

Case Briefs Supreme Court

SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015

“Section 10A(1) of the Mines and Minerals (Development and Regulation) Act, 1957 mandates that all applications received prior to 12-01-2015 shall become ineligible”.

Case Briefs High Courts

[LPG Cylinders Tender] Delhi HC upholds restriction to prevent single entity with common ownership from submitting multiple bids and monopolizing the market

“The aim of fostering diverse supplier base can serve as counterbalance to intrinsic challenges posed by oligopsonistic market. By discouraging market domination by single entity, tender conditions are designed to mitigate the risks associated with limited buyer options, thereby creating more level playing field for all market participants.”

Case Briefs High Courts

Calcutta High Court deems Arbitral Award void after termination of Arbitrator’s mandate under Section 29-A(4) of Arbitration and Conciliation Act, 1996

While cautioning the parties to the Arbitration proceedings, Calcutta High Court stated that parties should be vigilant in applying for extensions within the prescribed periods and dismissed the petitions seeking an extension of the arbitrator’s mandate.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on evidentiary value of disclosure statements under S.27 of Evidence Act

Supreme Court said that admissibility and credibility are two distinct aspects, and the latter is really a matter of evaluation of other available evidence.

Case Briefs High Courts

Calcutta High Court questions reopening of issue of nullity of eviction decree by Tribunal after it being settled in execution proceeding under Section 47 of CPC

In the instant matter, the West Bengal Land Reforms and Tenancy Tribunal reopened the issue of nullity of eviction decree and held that the land in question was vested with the State.

Case Briefs High Courts

“No express provision barring transfer in Public Interest”, Calcutta High Court upholds Anganwadi teacher’s transfer on negligence and misconduct

“When public services are disrupted due to an Anganwadi worker’s attitude, the Authority can make appropriate order commensurate with the situation for the interest of the public.”

Case Briefs High Courts

Read why Allahabad High Court granted bail to two Christian persons accused of Mass conversion of SCs & STs

Allahabad High Court noted that there does not appear to be any material to show that accused persons had used any undue influence or allurement to the villagers for mass conversion.

Case Briefs High Courts

Orissa HC vexed over Notaries issuing Marriage Certificates having no value in eyes of law

“Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity”.

Case Briefs High Courts

Calcutta High Court directs Governor’s office to submit Affidavit-in-Opposition on West Bengal University Laws (Amendment) Bill, 2022’s status

The subject matter of the instant matter is a PIL concerning the West Bengal University Laws (Amendment) Bill, 2022 which was passed by the State legislature on 07-06-2022 and was sent to the Governor for assent, but the same is still pending.

Case Briefs High Courts

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”

Case Briefs High Courts

Delhi High Court| Fit case for adjudicating whether UPSC can be directed to release Answer Key for UPSC Prelims, 2023 before Final Results

In the instant case, since the candidates are merely asking for the disclosure of the answer key, the same stands on a different footing altogether than the recruitment in the context of Article 323A of the Constitution.

Case Briefs High Courts

Reserved category candidates can compete in unreserved category for PSC’s recruitment process based on merit, even after availing age and fee relaxation: Calcutta High Court

The instant matter involved a dispute over the preparation of a merit list for government posts in West Bengal, with a focus on the treatment of candidates from reserved categories who had availed age and fee relaxations.

Case Briefs High Courts

Calcutta High Court appoints Special Officer to determine Class X student enrolment status in St. Augustine’s Day School

The concerned school, despite being cautioned, continued to indulge in different kinds of irregularities resulting in discontinuation of the affiliation of the school.

Case Briefs High Courts

[Project NH-32] Delhi High Court upholds Award of Rs. 36 Crores to be paid by NHAI to Ashoka Buildcon Ltd

“It is essential that there be illegalities or deficiencies at the face of the Award which shocks the conscience of the Court for it to qualify to be set aside by an act of this Court while adjudicating upon a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.”

Case Briefs Supreme Court

Physical education and Library Personnel in Karnataka Government Grade Colleges drawing UGC pay scales of 1996 entitled to other government benefits: Supreme Court

Supreme Court expressed that since the benefit was granted in further cases, the appellants could not be denied the same. However, the directions for application of instant judgment were kept very specific by the Court.

Case Briefs High Courts

‘Kerosene oil — Poor Man’s Fuel’; Calcutta High Court directs Central Government to establish policy for subsidised Kerosene oil prices for consumers

Calcutta High Court acknowledges the Central Government’s efforts to promote cleaner fuels but emphasizes the importance of ensuring that essential commodities like kerosene remain accessible to those who depend on them for their basic needs.

Case Briefs High Courts

State’s justification for refusing 13 Judicial Officers’ promotions after Punjab and Haryana HC pulled the authorities for ‘language’

“Keeping in view the controversy involved, the original record received be sealed and kept with the Registrar Judicial.”

Case Briefs High Courts

Divorced daughter is not a dependant u/s 21 of Hindu Adoption and Maintenance Act, 1956, thus not entitled to maintenance: Delhi High Court

“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a ‘divorced daughter’ does not feature in the category of dependents entitled to maintenance.”

Case Briefs Supreme Court

RBI’s Amalgamation Scheme aimed at securing larger public interest and banking industry’s health: Supreme Court

Supreme Court clarified that Clause 3(3) of amalgamation scheme does mention regarding continuation of legal proceedings by or against a transferee bank, but such amalgamation is aimed at securing larger public interest.