Case Briefs Archives

Case Briefs Supreme Court (Constitution/Larger Benches)

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu

Case Briefs High Courts

Delhi High Court| MCD being a public body established for the benefit of the public at large cannot shirk off its responsibility by citing financial constraints

Delhi High Court: In two cross letter Patents appeal, one by the petitioner/appellant for the enhancement of costs imposed upon the Municipal

Case Briefs High Courts

Tripura High Court reiterates that charges framed against the accused must be established and proved beyond any shadow of doubt

Tripura High Court: In a criminal revision petition filed for examining the legality, validity and propriety of the impugned judgment passed by

Case Briefs Supreme Court

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”

Case Briefs High Courts

Tripura High Court | Employees of statutory organizations cannot claim pensionary benefits as a matter of right

Tripura High Court: In a batch of writ petitions filed for directing the State Government to provide similar Pension benefit as granted

Case Briefs High Courts

Chhattisgarh High Court| Provisions of the Chhattisgarh Accommodation Control Act, 2011 would also be applicable upon the property taken on rent or lease, even if it is open land

Chhattisgarh High Court: In a writ petition filed under Article 227 of the Constitution of India, after being aggrieved by the order

Case Briefs High Courts

“An Award of the Labour Court without any fundamental flaws, does not invite a High Court’s interference”; Gujarat HC dismisses petitions by employees of Indian Petrochemicals Corporation regarding the company’s Voluntary Retirement Schemes

Gujarat High Court: The instant petitions came up before the Court challenging the Award of the Labour Court, Vadodara, whereby which it

Case Briefs Tribunals/Commissions/Regulatory Bodies

National Green Tribunal | Noise Pollution – violation of right to peaceful, comfortable and pollution-free life guaranteed by Article 21

“The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. No one can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance.”

Case Briefs High Courts

Delhi High Court |Laying down minimum percentage criterion for admission in Class XI Science Stream cannot be said to be arbitrary or illegal

Delhi High Court: In a case filed by a father of a student (‘petitioner’) challenging the validity and constitutionality of a Circular

Case Briefs High Courts

J&K and Ladakh HC| J&K Reservation Act does not bar the admission of reserved category students in open merit, if they are found qualified

“The benefit of reservation must reach to the deserving candidate in the category and is not eaten away or affected by a candidate of reserved category, who on the strength of his merit, has equal or better merit than the merit of the candidate last admitted in the professional course in the general category”.

Case Briefs High Courts

Excluding married daughters from compassionate appointment violative of Art. 14, 15 and 16; Rajasthan High Court overrules judgments supporting exclusion

Yardstick, for extending the benefit of compassionate Appointment should be dependency of the dependents on the deceased government servant and, therefore, their marital status only should not be an impediment for consideration on compassionate ground.

Case Briefs High Courts

Chhattisgarh High Court reiterates power of relaxation for filling up the posts by promotion is within the exclusive domain of the State Government

Chhattisgarh High Court: In a writ petition filed for quashing of the notification dated 21.6.2016, whereby the State Government has amended the

Case Briefs High Courts

Bombay High Court| ‘Deposit receipt’ confirming accounts amounts to a written contract for a summary suit to be maintainable

Bombay High Court: In a commercial division summary suit instituted by Aziz Amir Ali (‘plaintiff’) who is former employee of a registered

Case Briefs High Courts

Does seized goods may be released in favor of an ‘owner’ or an ‘importer’ under Section 110-A Customs Act? Bombay High Court analyses

Nothing could prevent the legislature from specifically incorporating a provision in Section 110-A Customs Act, 1962 to also entitle, besides an owner, an importer, a beneficial owner or any person holding himself to be an importer to claim a right to seek provisional release of goods in terms of Section 110-A of Customs Act, 1962

Case Briefs High Courts

Kerala HC takes cognizance of unauthorised killing of community dogs; directs State to issue circular prohibiting citizens from inflicting unnecessary harm on dogs

Kerala High Court: While addressing the menace of dog bites in Kerala and the incidents of unauthorised killing of community

Case Briefs Tribunals/Commissions/Regulatory Bodies

RTI on pay scales, gross pay, PF deduction and TDS| Unhappy with CPIO’s response, Central Information Commission allows inspection of records

Central Information Commission: In a second appeal filed under Section 19 of the Right to Information Act, 2005 on the ground of

Case Briefs High Courts

Patna High Court directs the Chancellor, Universities of Bihar to consider and decide issues pertaining to illegal appointments of Vice-Chancellors

Patna High Court: In a writ petition filed for the quashing of the illegal appointments of Vice-Chancellors, Pro Vice Chancellors and other

Case Briefs District Court

Incorrect Media Reporting on FIR registration allowed by Delhi Court against Kerala MLA KT Jaleel; Media assures to issue corrigendum

Rouse Avenue District Court, Delhi: In a case filed by the counsel for accused ‘KT Jaleel’ alleging wrong reporting in various daily

Case Briefs Supreme Court

‘Right to establish an educational institution is a fundamental right’; Pharmacy Council of India can only impose moratorium by way of a law and not by execution instruction: SC

Supreme Court: The bench of BR Gavai* and PS Narasimha, JJ has held that the right to establish an educational institution is

Case Briefs District Court

Delhi Court acquits two accused persons in Ashok Nagar Riots case as prosecution fails to prove its case beyond reasonable doubt

Karkardooma Court, Delhi: In a case filed by the State against the two accused Yogender Singh and Suraj under Section 147/148/149/427/436 Penal