Case Briefs Archives

SIT to investigate Rs. 50 Crore Gurugram Land scam; Supreme Court sets aside Punjab & Haryana HC’s anticipatory bail order

“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”

Case Briefs High Courts

Appeal on concurrent jurisdiction stands dismissed, as it fails to comply the test of Section 10 of CPC: Himachal Pradesh HC

If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.

Case Briefs High Courts

Punjab and Haryana High Court directs regularization of clerk after 30 years of service

“It is the duty of the State Government and its department to provide opportunity to its employees especially a female employee to be given benefit of higher education by sending her for further training.”

Case Briefs Supreme Court

Judicial Body like NGT cannot simply accept Expert Committee recommendations without complying with Principles of Natural Justice: SC

The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Liquidation| Successful Bidder of sale as going concern can only pray for necessary directions in accordance with the process document: NCLAT

The NCLAT stated that prayers in general or in a very wide term or which is too elaborate as prayed in the applicant’s application may not require any consideration by the Adjudicating Authority.

Case Briefs High Courts

[Himalaya v. Wipro] Delhi High Court restrains Wipro Enterprises from using ‘EVECARE’ mark for female menstrual health products

“It is intriguing as to why a reputed company such as the defendant company, Wipro Enterprises would launch its product, also pertaining to female reproductive hygiene, almost 22 years later, using the identical trade mark as that of the plaintiffs, Himalaya Wellness Co.”

Case Briefs Supreme Court

173 Kg Ganja Recovery Case: Supreme Court grants interim bail on medical grounds

Supreme Court advised the petitioner to secure appropriate treatment for spinal disorder during the given period of 6 weeks.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Employees entitled to Provident Fund and Gratuity Fund dues even if funds not available with Liquidator: NCLAT

NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.

Case Briefs High Courts

‘AMPT Road to be in top condition’; Meghalaya HC directs State PWD to undertake complete overhauling

The Court also expressed its concern about the same excuse of rain being given by the State to justify the poor conditions of some of the roads, despite it being well known that Meghalaya is one of the wettest places in the world.

Case Briefs High Courts

Read why Allahabad High Court denied security to Politician Srikant Tyagi and his wife in view of threat to life

A person who has chosen violence and does not have any value of human life has no right to plead that the State should take special measures to protect his life from his rivals. The perception of threats, if any faced by such a person, is of his own making for which the State cannot come forward to provide him with security.

Case Briefs High Courts

Kerala High Court explains law on DNA testing for paternity; upholds Family Court order allowing DNA analysis

“If an order of the nature is declined that would have the impact of bastardising the minor girl child among the public.”

Case Briefs High Courts

West Bengal Panchayat Election 2023| Calcutta High Court slams SEC & State for non-cooperating with Centre on deployment of Central Forces

Calcutta High Court directed the Chief Secretary of the State of West Bengal to call for an urgent meeting to take policy level decisions with regards to the pertaining issue.

Case Briefs High Courts

Constitutional Courts to tread with caution while dealing with challenges to Orders of Specialised Tribunals: Meghalaya HC

The Constitutional Courts would not interfere with a view expressed on interpretation unless it appears to be grossly inappropriate and outlandish.

Case Briefs High Courts

Delhi High Court upholds arbitral award for not falling within the mischief of Section 48(2)(b)(ii) of Arbitration Act

A challenge to an Award on the grounds of violation of “public policy” or “fundamental policy of Indian law” would be liable to be countenanced provided it is established that its enforcement would run contrary to well-established legal tenets which brook of no exception.

Case Briefs High Courts

Setback for Former Hockey Player Birendra Lakra; Orissa HC orders fresh Probe into Friend’s Death

The Court said that proper and fair investigation is sine qua non of criminal jurisprudence and directed the CID-Crime Branch to reinvestigate the case.

Case Briefs Supreme Court

Supreme Court disposes of contempt case against Bharatpur Bar Association with warning

Supreme Court said that it will take recourse to the coercive arm of law, if any such incident occurs in the future. Also warned that there shall be no impediment in the work of legal defense counsel.

Case Briefs High Courts

Failure in Verifying Address of Bail Applicant even after Sufficient Opportunities, Orissa HC warns of Contempt Action against Erring Officials

The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.

Case Briefs High Courts

Karnataka High Court refuses to grant relief to an advocate accused of raping a law intern; Says that the advocate must come clean in a trial

The Court stated that any interference under S. 482 of CrPC would be rendering approval of the accused-advocate’s depravity and will have a chilling effect on legal profession. Thus, the accused-advocate must come clean in a full-blown trial.

Case Briefs High Courts

Bombay High Court refuses medical bail to Nawab Malik in PMLA case

Nawab Malik’s bail plea will be heard on merits in two weeks.

Case Briefs High Courts

‘Privacy, publicity and personality rights not heritable’; Delhi High Court refuses to stay “Nyay : The Justice” movie based on Sushant Singh Rajput

“The rights ventilated in the plaint, that is, the right to privacy, the right to publicity and the personality rights which vested in Sushant Singh Rajput, were not heritable. They died with his death. The said rights, therefore, did not survive for espousal by the plaintiff.”