Case Briefs Archives

Delhi High Court directs Government to grant age relaxation of two years as a ‘one time measure’ for the post of Sepoy Pharma in Indian Army

The Delhi High Court directs Government to grant age relaxation of two years as a ‘one time measure’ for recruitment of the post of Sepoy Pharma in Indian Army.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Do Third-party/shareholders have locus to challenge initiation of CIRP against Corporate Debtor? NCLAT answers

The NCLAT held that there is no law which allows a third party or shareholders to settle the claims of Financial Creditor on behalf of the Corporate Debtor, M/s McDowell Holdings Limited.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder not giving possession on time; NCDRC slams with compensation for delay in delivery of possession

In another case of delayed possession of flats by builder in Gurugram, NCDRC directed the builder to compensate the homebuyers for delay and differences of brochure and builder homebuyer agreement.

Case Briefs High Courts

Delhi High Court dismisses PIL by Subramanian Swamy against Union approval for JV partnership between Air Asia Investments Ltd and Tata Sons

The Union decision is contrary to the FDI Policy of the Government of India and contrary to the guidelines laid down by the Union Ministry of Civil Aviation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC allows Rs 20 lakhs compensation to patient suffering 80% disability; reiterates doctor’s legal obligations to patients

Accepting the exceptionally challenging nature of treatment of high voltage burns, NCDRC held the doctor liable to the extent of performing LD Flap surgery, otherwise recommended to be performed by plastic surgeons.

Case Briefs High Courts

Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization

Bombay High Court observed that if such a small number of employees continue to hold on to the accommodations, the AIAHCL will not be able to monetize the land to reduce the burden of debt AIL put on it.

Case Briefs Supreme Court

Judicial Appointments| Supreme Court directs Madhya Pradesh High Court to fill 10% seats by Limited Departmental Competitive Examination

Supreme Court did not agree with the MP High Court’s consideration and dismissal of the present matter as reliefs sought under the Writ of Quo Warranto.

Case Briefs High Courts

Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers

The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.

Case Briefs Supreme Court

Juvenile Justice| Supreme Court directs release of death row convict in minor’s kidnap, rape, and murder case; holds incarceration for more than 3 years illegal

In the case at hand, the juvenile had already undergone incarceration of more than 5 years which was against Section 18 of the J.J. Act, 2015. The Supreme Court noted that the intention of the legislature was to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.

Case Briefs High Courts

Delhi High Court expunges extra judicial remarks passed against police officials and investigating agencies while hearing a bail application

Departmental action is a serious issue that can affect the career of police personnel or any other public official for that matter and to make observations/directions in a cursory and casual manner is unwarranted.

Case Briefs High Courts

Gauhati High Court directs Assam Government to properly implement policies framed in pursuance of Right to Education Act

Gauhati High Court was deliberating over a PIL filed to highlight ineffective implementation of State govt.’s policies framed as per the mandate in Section 12(1)(c) of RTE Act, 2009

Case Briefs Supreme Court (Constitution/Larger Benches)

Bhopal Gas Tragedy| Supreme Court Constitution Bench dismisses Centre’s plea for enhanced compensation from Union Carbide Corporation

The Supreme Court however, ordered that a sum of Rs 50 crore lying with the Reserve Bank of India be utilized by the Center to satisfy the pending claims, if any, in accordance with the Bhopal Gas leak Disaster Act, 1985 and schemes framed thereunder.

Case Briefs High Courts

Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan

The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.

Case Briefs High Courts

“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody

Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.

Case Briefs High Courts

Delhi High Court sets aside the rejection of the professional wrestlers made by the Oversight Committee of M.C Mary Kom, Yogeshwar Dutt and Babita Phogat

The Court was of the view that the purpose of the trials was to ensure that the best sports persons participate in the championship and the exclusion of National Games appeared to have adversely affected the petitioners.

Case Briefs High Courts

Delhi High Court summons ADM, Delhi Balram Meena and ADM Rakesh Dahiya for alleged missing of valuable land records from the office of sub-registrar

These are valuable lands to which these documents relate and thus, the missing of such records has a significant bearing on the rights of citizens and there is a threat of misuse of the documents.

Case Briefs High Courts

Magisterial custody cannot be challenged by a writ of Habeas Corpus: Manipur High Court

The Manipur High Court held that where a person is taken into custody by an order of Magistrate, then such order cannot be challenged by Writ of Habeas Corpus as the detention cannot be termed as illegal.

Case Briefs High Courts

Elected Ward Members of Wangbal Gram Panchayat are “public servants” under the Prevention of Corruption Act, 1988: Manipur High Court rejects anticipatory bail of the Ward Members

The Manipur High Court rejected anticipatory bail to the elected Ward members of the Panchayat who were charged for fraudulently misappropriating huge Government money.

Case Briefs Supreme Court

Explained| Inter-State transfer of suit, appeal or other proceedings: Supreme Court’s power under Section 25 CPC versus Common High Courts’ power under Section 24 CPC

The Supreme Court settled the issue relating to the scope and ambit of Section 24 vis-à-vis section 25 of the CPC that arose in view of the peculiar circumstances relating to transfer of a suit wherein two States share a common High Court as provided under Article 231 of the Constitution of India.

Case Briefs High Courts

What are the important factors which can take away the rigor of ingredients pertaining to S. 375 and S. 376 of IPC? Karnataka High Court answers

Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.