Case Briefs Archives

Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman

Allahabad High Court said that it is not possible to hold that temporary employment for every seasonal increase in industrial activities as an unfair labour practice.

Case Briefs High Courts

[Hate Speech] Delhi High Court sets aside order directing registration of FIR on a complaint by IAS turned social activist Harsh Mander

Delhi High Court observed that keeping in mind the sensitive nature of the allegations and the fact that no evidence of communal disharmony had come on record during the preliminary inquiry conducted by police, the Court advises that the orders for registration of the FIR filed by any community should be passed with more circumspection.

Case Briefs High Courts

Is Mughal Mosque near Qutub Minar a protected monument? Delhi High Court directs ASI to produce 109-year-old records

“The Managing Committee of the Waqf Board contended that the Mughal Mosque situated near Qutub Minar did not fall within the protected monuments as notified by the Archaeological Survey of India in a notification dated 24-1-2014.”

Case Briefs High Courts

Read why Madras High Court denied conducting fresh preliminary inquiry against Former CM Edappadi Palaniswami in Highway Tender Scam

It is almost 73 years since the Constitution of India started governing this country and the harsh reality is that the Executive has almost lost its independence and it has virtually turned into an organ merely executing whatever is said/dictated/ordered by the political party, which is in power during the relevant point of time.

Case Briefs High Courts

Delhi High Court dismisses plea challenging the exemption given to Bajrang Punia, Vinesh Phogat from undergoing Asian Games selection trials

“The Writ Courts must not substitute their opinions to the opinions arrived at by the experts unless the Court is satisfied that the decision taken by the experts is perverse or illegal. The function of the Court is only to see that the decision has been arrived at in good faith and the experts have acted reasonably.”

Case Briefs Supreme Court

Gyanvapi Mosque| SC stays ASI Survey till July 26; allows Anjuman Intezamia Masajid Committee to move Allahabad HC

The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.

Case Briefs High Courts

Delhi High Court orders Tehelka, Tarun Tejpal to pay Rs. 2 crore compensation to a Major General in a defamation suit

Delhi High Court observed that the plaintiff was a man holding the position of Major General in the Army and was a man of repute. There cannot be worse defamation and disrepute to a person of integrity and honour than a false imputation of him having demanded and then accepted bribe of Rs. 50,000.

Case Briefs Supreme Court

Writ Petition filed after Suit seeking same relief was withdrawn without liberty to file afresh not Maintainable: SC reiterates

The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.

Case Briefs Supreme Court

Supreme Court Decodes Section 304 IPC Maze: When can conviction under Part I be Converted to Part II?

While summarising the principles for altering conviction under Section 304 Part I of the IPC to Section 304 Part II of the IPC, the Supreme Court highlighted the difference between ‘guilty intention’ and ‘guilty knowledge’.

Case Briefs High Courts

Burial at non-designated land contravenes TN Village Panchayats Burial Rules: Madras High Court

A person who defies the law and refuses to exhume the body cannot take umbrage in the delay of enforcing the law and make the Court ‘fait accompli’.

Case Briefs High Courts

Delhi High Court grants interlocutory injunction in favour of Zenith Dance Institute (P) Ltd. for its mark ‘ZENITH’

“The term ‘ZENITH’' even being a common English expression cannot be regarded as ‘publici juris’ in the context of services relating to education in dance.”

Case Briefs High Courts

Madhya Pradesh High Court quashes POCSO Case after assessing Prosecutrix’s decision-making capacity

Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.

Case Briefs High Courts

Delhi High Court declares ‘SUPREME’ red-box device mark as a ‘well-known’ trade mark for apparel and clothing

The defendant, Dhanpreet Singh Trading was restrained from seeking any statutory rights by applying for trade marks or copyrights in respect of the red-box device mark ‘SUPREME'.

Case Briefs High Courts

41 theft cases, 90+ years of imprisonment sentence prompts Bombay High Court to order release of prisoner

Bombay High Court perused details of all 41 cases and noted that the petitioner was apparently arrested in one case and came to be arrested in other cases on transfer warrant, pleaded guilty in all 41 cases.

Case Briefs High Courts

“More than one year” is sufficient time for prudent women to uncover false marriage promises: Madhya Pradesh High Court

Madhya Pradesh High Court held that held that in the present circumstances, the prosecution of the petitioner for the offences under Sections 376(2)(N), 506 and 34 of IPC will amount to abuse of process of law.

Case Briefs High Courts

Can Gram Panchayat obstruct mobile tower installation due to harmful radiation? Bombay High Court answers

Bombay High Court highlighted that the Gram Panchayat had already issued NOC in favour of the petitioner but passed a resolution obstructing mobile tower installation and operation based on apprehensions.

Case Briefs High Courts

Delhi High Court imposes costs on IIT Kanpur alumni for filing frivolous litigations against Union, State authorities, departments, trusts etc.

The present case is a classic example of frivolous and vexatious litigation, where this Court encounters incoherent and confusing stories in the name of facts and absurd reliefs. Filing such cases as the present one is doubtlessly not only frivolous and vexatious, but annoying and such a litigant must be subject to some kind of sanction.

Case Briefs High Courts

Can initiation of proceedings by wife for vindication of her rights considered to be mental cruelty? Madras High Court answers

When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights

Case Briefs High Courts

Madras HC directs State to nominate Nodal officer to deal with requests for engaging law officers, and to look after professional fee claims

To assist the Nodal Officer, minimum secretarial staff shall be provided by the State Government.

Case Briefs Supreme Court

IBC overrides Electricity Act; Supreme Court explains hierarchy for settling dues in insolvency cases

In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.