Case Briefs Archives

Rajasthan Civil Judge Recruitment| SC delivers Split verdict on considering candidature of OBC-EWS candidates despite belated submission of category certificates

Justice Ajay Rastogi and Bela M. Trivedi delivered their split verdicts while examining the challenge raised against the Judgment of Rajasthan High Court, dismissing the appeals of the qualified candidates of OBC, EWS category.

Case Briefs High Courts

Employees who submit forged and fabricated documents are unfit for employment: Delhi High Court

Employees guilty of submitting forged documents to their employer must be dealt with strictly and no sympathy or compassion can be shown to such an employee.

Case Briefs High Courts

Explained| Muslims can adopt a surrendered child, but must follow procedure in JJ (Care and Protection of Children) Act: Orissa HC

The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.

Case Briefs High Courts

Compounding of unauthorised constructions cannot be considered pursuant to the order of remand: Allahabad High Court quashes remand order

Statute cannot be read in a manner so as to confer immunity upon the resourceful people to violate law and permit them to continue to enjoy such violation for all times to come by paying some amount to the Authority.

Case Briefs High Courts

Delhi High Court dismisses PIL espousing cause of investors being duped by promoters, alleging arbitrary delisting of securities

Delhi High Court observed that on perusal of all the necessary rules and regulations, the statutory provisions do provide a robust mechanism to safeguard the interest of investors and by no stretch of imagination, it can be said that the interest of investors is not at all protected.

Case Briefs Foreign Courts

Can Twitter or other social media sites, be held liable for any content posted by ISIS on its platform? SCOTUS answers

SCOTUS unanimously held that the plaintiffs failed to allege that the social media sites had intentionally provided any substantial aid or systemically assisted ISIS, which directly led to the Reina Nightclub terror attack.

Case Briefs Supreme Court

Supreme Court upholds validity of Tamil Nadu Highways Act, 2001

The Supreme discussed the very foundation of Article 254(2) of the Constitution and commented that comparing two legislations of State and Centre would be akin to comparing chalk and cheese, i.e., two essentially unequal entities.

Case Briefs Supreme Court

Explained| Supreme Court judgment on Electricity Act 2003: Duty to supply electricity, Subsequent versus previous occupier, Recovery of arrears, and more

The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues.

Case Briefs High Courts

Words ‘Abu Dhabi Global Market’ used in a device mark are distinctive in nature: Delhi High Court

So long as others do not use the mark, or any similar mark, the Delhi High Court opined that a finding of non-distinctiveness can ordinarily not be returned as, howsoever innocuous a mark may appear to be, if it is used only by one person, it would, in plain etymological terms, be distinctive.

Case Briefs High Courts

Orissa HC orders ad-hoc promotion of Inspector to DSP rank during pendency of Disciplinary Proceedings

The Court noted that a review Departmental Proceedings Committee was held to consider the case of the petitioner for promotion and the decision was kept in sealed covers, pending disposal of Disciplinary Proceedings.

Case Briefs High Courts

Supplier can refer to MSME Facilitation Council for adjudication despite post-contract MSME registration: Calcutta High Court

“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”

Case Briefs High Courts

Who is liable for unauthorised transactions via prepaid payment instruments? Madras High Court answers

Madras High Court said that the RBI guidelines are issued not as a formality, but the entities subjected to the RBI regulations should comply with the conditions of the master circular in its true letter and spirit

Case Briefs High Courts

Delhi High Court issues guidelines for drafting a Settlement Agreement in matrimonial disputes of criminal nature; Directs agreements to be prepared in Hindi too

Delhi High Court observed that an inadequately drafted agreement will be one that fails to include essential elements such as the name of all the relevant parties, the terms outlining the conditions of settlement, and the consequences in the event of non-compliance or breach.

Case Briefs High Courts

Minor girl impregnated by her own brother; Kerala High Court allows termination of pregnancy

Considering the fact that various social and medical complications are likely to arise since the child will be born from the girl's own sibling, Kerala High Court found the permission sought for termination of pregnancy to be inevitable.

Case Briefs High Courts

Appointment of Arbitrator during pendency of reference before MSME Facilitation Council is contrary to MSMED Act: Calcutta High Court

“…being a special statute the MSMED Act will have an overriding effect vis-à-vis the Arbitration and Conciliation Act, 1996.”

Case Briefs High Courts

Husband accused of sharing wife’s ‘obscene videos’ with partner in extra-marital affair; Punjab and Haryana High Court grants anticipatory bail

the Inquiry Officer found during pre-registration inquiry that the obscene videos were prepared by the complainant herself, but after registration of FIR, the Investigating Officer viewed that the videos and photographs were prepared by the husband on his own mobile in connivance with the co-accused.

Case Briefs High Courts

Can Schools Conduct Special Classes During Summer Break? Madras High Court answers

there are several schools conducting special classes all over the Tamil Nadu. However, the petitioner has filed this writ petition only targeting the respondent school. Therefore, it is clear that it is not a Public Interest Litigation.

Case Briefs High Courts

Award passed after an inordinate and unexplained delay will be contrary to justice and will defeat justice: Delhi High Court

India has long hoped to become an arbitration hub and providing time bound mechanisms for resolving disputes will certainly be a feather in the cap. Introducing Section 29A by way of amendment is therefore intentioned to ensure that the disputes in arbitration are adjudicated in a time-bound manner.

Case Briefs High Courts

[SBI Loan Fraud] Delhi High Court grants default bail to Avinash Jain, Managing Director, Arise India Ltd., due to incomplete investigation by CBI

Permitting the CBI to pick up one aspect of the investigation and file a piece-meal chargesheet with respect to the same and consequently, defeating the right of the applicant to default bail, goes against the mandate of Article 21.

Case Briefs Supreme Court

Supreme Court grants interim relief to homebuyers for deferred payment of EMIs till possession of homes

The Court granted interim relief to the homebuyers viewing the interim protection granted by the Delhi High Court vide order dated 25-05-2022.