Case Briefs Archives

Mere pendency of appeal does not excuse non-payment of rent: Supreme Court confirms Willful Default

In the present case, the lessee challenged the fixation of fair rent but did not seek a stay of its operation before the appellate or revisional for a.

Case Briefs High Courts

Unauthorized entry no defence when Railway Tracks are easily accessible: Madhya Pradesh HC grants relief to kin of 3-year-old, two women run over by train

“If crossing railway tracks is accessible or easy even for a three years old child, it implies a systemic failure of the Railway to restrict access.”

Case Briefs High Courts

Delayed Show Cause notice by Customs — Is the Owner of goods still liable for redemption fine, penalty or interest? Delhi HC answers

The Court considered how the timing of a Show Cause Notice by Customs Department impacts the owner’s liability.

Workman appearing through advocate deemed consent

Case Briefs High Courts

Workman appearing through advocate constitutes deemed consent for employer’s legal representation: Jharkhand High Court

“The complete embargo on the appearance of Advocates in Industrial adjudication is confined to conciliation proceedings alone.”

Trial Courts directed to avoid adjournments

Case Briefs High Courts

No more long adjournments: Chhattisgarh HC directs Trial Courts to avoid unnecessary adjournments, fix short and continuous dates

“Such practice not only delays the conclusion of the trial but also adversely affects the fundamental right to speedy trial guaranteed under the Constitution.”

Case Briefs High Courts

‘Inclusion of transgender cadets in NCC matter of policy’; Kerala HC denies enrollment to transgender student

“There is intelligible differentia in providing differential treatment in NCC for persons belonging to different genders. The NCC Act does not contemplate an NCC Division for transgenders.”

Case Briefs High Courts

State’s rejection of ex-gratia pension despite administrative lapses arbitrary: Rajasthan High Court orders release of Rs 2 Lakh to constable’s widow

“The decision to reject the claim on technical grounds, despite their own acknowledgment of administrative fault, reflects a hyper-technical and insensitive approach inconsistent with the welfare nature of the ex-gratia scheme.”

police expense in getting possession of secured assets

Case Briefs High Courts

Section 14 SARFAESI Act | Magistrate cannot direct secured creditor to bear police assistance expense in getting secured assets’ possession: Rajasthan High Court

“The police directed the petitioner to deposit Rs 6,34,383 for providing police assistance in taking possession of the secured asset whereas the loan amount to be recovered was only Rs 9,90,000.”

lack of basic amenities for disabled staff

Case Briefs High Courts

“Issues of Grave Public Importance”: Chhattisgarh HC takes suo motu cognizance of dysfunctional lifts forcing disabled employees to climb stairs in govt building

The Court took suo motu cognizance of a news report which mentioned that four disabled government employees were compelled to climb stairs daily due to a dysfunctional lift and lack of any disability friendly infrastructure.

sister-in-law's fake social media accounts

Case Briefs High Courts

Karnataka High Court dismisses plea to quash defamation case against man accused of creating estranged sister-in-law’s fake social media accounts

In the case at hand, a woman filed a complaint against her brother-in-law alleging that he created her fake social media accounts, accessible in public domain, containing defamatory content about her and her family.

father sexually harassed minor daughters

Case Briefs High Courts

“Expected protector became source of suffering”: Madras HC upholds life sentence of father for sexual harassment of minor daughters

“The father, instead of nurturing and protecting his daughters, allowed his inebriated state to overpower his human instincts and parental duty.”

Case Briefs High Courts

Bombay HC rules wife entitled to dignified living, raises maintenance to Rs 3.5 lakh after finding husband suppressed financial strength

“Grave and irreparable harm would continue if a reasonable assessment were not made, and there would be no inconvenience to the husband in paying a slightly larger sum towards the maintenance amounts claimed by the wife.”

transgender person's name change in educational docs

Case Briefs High Courts

“Authority committed legal error”: Allahabad HC directs State to change transgender person’s name in educational documents in 8 weeks

The petitioner had filed a name change application for their educational documents, but the Regional Secretary, Madhyamik Shiksha Parishad, rejected the petitioner’s application, holding that the relevant provisions did not provide any procedure for correction of name in educational documents at a belated stage.

Case Briefs Supreme Court

After 34 lives lost in Rajasthan, Telangana Road accidents, SC seeks Reports from NHAI & MoRTH on Unauthorized Dhabas and Road Conditions

Two tragic road accidents that occurred within consecutive days in Rajasthan and Telangana, claimed a total of 34 lives and leaving several others injured.

Case Briefs High Courts

Can an heir be appointed to a Lower Post than the Deceased? Inside Bombay High Court’s ruling on Compassionate Appointment

“The Resolution indicates pragmatism on the part of the Government in dealing with such case of compassionate appointment, in order to ensure that the family which has lost a bread earner, is extended financial support at the earliest.”

Case Briefs High Courts

Delhi High Court grants ad-interim injunction in favour of ITC restraining defendants from using well-known mark ‘BUKHARA’.

The defendants were operating an 11-room hotel by the name of ‘Bukhara Inn’ and had refused to comply with the cease and desist notice sent by ITC Ltd.

Case Briefs High Courts

‘Rejection of Plaint requires attentive application of mind, not routine action’: J&K & Ladakh HC upholds Trial Court order for Non-Disclosure of Cause of Action

“The essence of an application under Order VII Rule 11 CPC to terminate a civil action or to put an end to a litigation is an essential duty of a Civil Court so that further judicial time is not invested wastefully.”

Case Briefs High Courts

Jharkhand HC: DACP benefits extend to all similarly situated medical cadre officers, not just litigants

“When the particular policy has been revived, all the persons, who are within the zone are entitled to get the benefit of the policy, no matter whether they have approached the Court or not.”

Case Briefs High Courts

Authorities must act immediately in Protection pleas; delay attracts liability: P&H High Court in a young married couple’s plea

“The purpose of protection is defeated if a person remains unprotected despite approaching the authorities for protection.”

Case Briefs Supreme Court

Supreme Court directs Centre to constitute Delhi Ridge Management Board; highlights need for its statutory backing for effective functioning

Delhi Ridge acts as the green lungs of the city, especially in the present conditions of increased pollution. Therefore, the Delhi Ridge Management Board needs to actively work towards protecting and preserving the Delhi Ridge after its due identification.