Case Briefs Archives

SC grants Bail to Juvenile Delinquent who spent 489 days in custody as an Adult and 242 days in Juvenile Home

A chargesheet was filed against the Juvenile Delinquent for offences under Sections 363, 366-A, 368, 376 of the IPC and Section 3, 4, 16 and 17 of the JJ Act.

Case Briefs District Court

[POSH Act] Delhi Court directs costs of Rs 50,000 to Standard Chartered Bank for non-compliance of provisions by its Internal Complaints Committee

Delhi Court observed that it is crucial for Delhi Commission for Women to focus on substantive actions rather than superficial gestures just for the sake of publicity and bringing the name in newspaper or to find fault in the other institution when equal responsibility lies with them also.

Case Briefs High Courts

West Bengal Panchayat Election 2023: Calcutta High Court demands response from SEC on alleged violence in State after declaration of election results

“The Court is surprised to note that even after the declaration of the results, the State is not able to control the violence, which has erupted in several places.”

Case Briefs High Courts

Teachers of unaided private schools are entitled to same pay as government schools: Delhi High Court

“Private unaided schools are also amenable to Writ Jurisdiction as they carry out public function discharged by the State under Article 12 of the Constitution.“

Case Briefs High Courts

Can CCI under Competition Act inquire into the actions of patentee who asserts his rights after patent being issued in India? Delhi High Court clarifies

Delhi High Court observed that when assessed, by the maxim generalia specialibus non derogant or by the maxim lex posterior derogat priori, the Patents Act must prevail over the Competition Act on the issue of exercise of rights by a patentee under the Patents Act.

Case Briefs High Courts

Gujarat High Court discharges Man from charges of rape by calling it a case of consensual sex and not false promise of marriage

The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.

Case Briefs High Courts

Rape versus ‘Aggravated sexual assault’ under POCSO: Why Orissa HC set aside Trial Court order convicting Man for Rape

The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Mumbai Floods 2005] NCDRC dismisses Leela Hotel insurance claim of Rs 6 Crores

“The report of the surveyor can be contested by the insured for valid reasons. The insurer is required to consider the report of the surveyor appointed by it although he is not bound to accept the report in entirety.”

Case Briefs Supreme Court

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.