Case Briefs Archives

Service rendered by teachers in Zila Parishad to be counted towards the determination of seniority, even after their absorption into PMC: Supreme Court

Given the existence of the unambiguous provision, Supreme Court held that the services rendered by primary teachers while in the service of the Zilla Parishad deserves to be counted towards their seniority after the transfer and merger of their services into the Pune Municipal Corporation

Case Briefs High Courts

[Hathras Conspiracy case]: “Preventive detention of citizen for just and plausible reasons is a measure permissible under law”; Allahabad High Court grants bail to Atikur Rehman

Allahabad High Court granted bail to Atikur Rehman who was arrested in 2020 along with Siddique Kappan and two others on their way to meet the family of the Hathras Rape and Murder victim.

Case Briefs High Courts

Delhi High Court set aside rejection of candidature for appointment to Delhi Higher Judicial Services, 2022

Delhi High Court observed that the petitioner was enrolled as an advocate in 2010 and he fulfils the requirement of “continuously practicing as an advocate for not less than 7 years on the last date of receipt of applications”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Reliance Capital (RCap) Resolution] CoC has power to negotiate and call for higher bid; NCLAT allows another round of bidding

The NCLAT held that even after completion of challenge mechanism under CIRP Regulation 39(1A)(b), the CoC retains its jurisdiction to negotiate with one or other Resolution Applicants, or to annul the Resolution Process and embark on to re-issue RFRP.

Case Briefs Supreme Court

Can orders be reviewed for relying on a judgment subsequently overruled by a superior Court? Supreme Court division bench delivers split verdict

The case pertains to the resurrection of controversy surrounding the Pune Municipal Corporation and Indore Development Authority judgements of the Supreme Court vis-à-vis Section 24 of the Land Acquisition Act, 2013.

Case Briefs High Courts

Rajasthan High Court | Lok Adalat have no adjudicatory power and can only pass award based on compromise between parties

The Rajasthan High Court perused the entire scheme under Chapter VI of the 1987 Act and stated that the Lok Adalat had no adjudicatory power and by allowing the prayer of the PP to withdraw prosecution, it had exercised adjudicatory jurisdiction which was not vested in it.

Case Briefs High Courts

Manipur High Court dismisses former MPCB Chairman’s plea challenging termination of service before completion of his tenure

The Manipur High Court opined that former MPCB’s Chairman should have obtained prior sanction from the State Government before appointing 118 employees as their monthly emoluments were above Rs. 3300 as per Rule 23 of Appointment of Chairman of Manipur Pollution Control Board, 2021.

Case Briefs High Courts

Madras High Court directs Police for conducting a public meeting to disseminate information on inter-caste marriages and honour killing

Madras High Court said that it is a laudable object, and we cannot prohibit or prevent such public meeting.

Case Briefs High Courts

[Contempt of Court] Advocate under Delhi Bar Council carrying on the business of PG accommodation; Delhi High Court sentences for willful non-compliance of its order

Delhi High Court observed that the respondent is a law graduate enrolled with the State Bar Council and despite being aware of the binding nature of the orders of the Court has shown scant regard for the legal process.

Case Briefs Supreme Court

Unsecured creditors vis-à-vis object of SICA, 1985: Rehabilitation scheme binds all, holds Supreme Court

To make the company viable, the unsecured creditor would have to sacrifice to some extent otherwise the revival efforts would fail, observed the Supreme Court..

Case Briefs High Courts

Permissible to increase school fee to generate funds for expansion and betterment of educational facilities: Delhi High Court

The Delhi High Court held that schools were entitled to maintain a reasonable surplus for expansion of the system and development of education and the same could not be construed as commercialization of education.

Case Briefs Supreme Court

‘Circumstantial evidence to be accompanied with motive and corroborating evidence’; Supreme Court acquits men accused in 2001 murder case

The Supreme Court opined that the evidence has to be scrutinized so as to ensure that the totality of the evidence and circumstances relied on, did constitute a complete chain and directly points to the guilt of the convict.

Case Briefs Supreme Court

Casting Couch: Model alleges rape; Supreme Court sets aside Bombay High Court’s order granting anticipatory bail to Businessman

The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.

Case Briefs Supreme Court

High Court’s belief of self-righteousness or smugness while exercising judicial review should not overawe other authorities discharging statutory duties: Supreme Court

Apart from the impugned order passed by Kerala High Court in the issue relating to illegal alienation of Church’s immovable properties, the Supreme Court said that the High Court crossed all the boundaries of judicial activism and judicial restraint by passing subsequent orders in the present matter, overawing the other authorities.

Case Briefs Supreme Court

Supreme Court finds Chhattisgarh High Court’s judgment ‘Sketchy’; Acquits murder convict in a 20-year-old case

Supreme Court said that the cherished principles or golden threads of proof beyond reasonable doubt which runs through the web of our law should not be stretched morbidly which was done by the Courts below.

Case Briefs International Courts

Ukraine War Crimes: ICC issues arrest warrants against Russian President Vladimir Putin and Official Maria Alekseyevna Lvova-Belova

In a significant move, the International Criminal Court in a press release informed the world at large that it is issuing arrest warrants against Russian President Vladimir Putin and Russian Commissioner for Children's Rights, Maria Alekseyevna Lvova-Belova in connection to commission of war crimes during Russia's invasion of Ukraine in February 2022

Case Briefs High Courts

‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal

The impugned arbitral award was passed without considering the clauses of the Concessionaire Agreement while adjudicating on the rate of interest to be granted, thus, suffers from infirmity and patent illegality.

Case Briefs Supreme Court

Employees of Orissa Khadi and Village Industries Board not entitled to pension on a par with Government employees; Supreme Court sets aside Orissa HC judgment

Supreme Court said that even if development of Khadi and Cottage Industry is a Directive Principle of State Policy, it does not follow as a corollary that if the State establishes a Board or any organisation to carry out the obligations under such DPSP, it cannot make separate arrangements as regards the service conditions of the employees of such a Board or organisation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

RPC fee paid by Formula One not liable to be disallowed; Second proviso to S. 40(a)(i) be given retrospective effect: ITAT

ITAT held that the second proviso to Clause (i) of Section 40(a) just like second proviso to clause (ia) of Section 40(a) was inserted to remove an anomaly and were therefore curative and declaratory in nature. Hence, it had to be given retrospective effect.

Case Briefs High Courts

Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers

While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company