Case Briefs Archives

Whether non-production of Power of Attorney to prove a sale deed would be fatal to the case of the plaintiff?; Supreme Court’s split verdict

While Justice Shah stated that the plaintiff had not produced the Power of Attorney, Justice Nagarathna opined that non-production of Power of Attorney was not fatal to the case of the original plaintiff.

Case Briefs High Courts

Madras High Court grants 3.5 lakh Compensation to Prisoner who spent 9 months in Jail after Acquittal Orders

Madras High Court said that when the court issues a specific direction, it’s the prison official's duty to verify it and clarify if they have doubts. Thus, held that the detention was illegal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bureau of Energy Efficiency takes suo motu verification test on a sample refrigerator of Whirlpool India and found quality non-compliance; Appellate Tribunal for Electricity sets aside the order

The Tribunal stated that since the first test report was deficient, it did not stand legal scrutiny and was directed to treat the second test report as the first test report in continuation of their investigation.

Case Briefs High Courts

Loss of character or bruised reputation cannot be restored even by judicial reprieve; Bombay High Court quashes FIR filed under S. 498 A IPC

Unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss.

Case Briefs High Courts

Offence of Rape can be permitted to be compounded to promote family life of complainant and accused; Andhra Pradesh High Court quashes complaint for being made in fit of anger

Woman files petition for compromising an offence under section 376 of IPC, stating that she made the complaint in anger instead of actually being aggrieved.

Case Briefs High Courts

Classification of retirees of BSNL VRS-2019 as distinct from those superannuating in normal course is a clear violation of Article 14 and 16 of the Constitution: Delhi High Court

The Delhi High Court held that the engagement of BSNL VRS-2019 retirees in any Central Public Sector Enterprises/Government department on contractual/consultancy basis, for which the retired employees on superannuation in due course were eligible for consideration, was not in violation of Clause 8 (iii) of BSNL Voluntary Retirement Scheme-2019.

Case Briefs High Courts

Allahabad High Court | Even after ‘Levana Suites fire’ case, unauthorised hotels still functioning in the city as Lucknow Development Authority has failed to take any action

Allahabad High Court has ordered for a comprehensive affidavit to be filed by the State furnishing explanation regarding the inaction against the unauhtorised hotels functioning in Lucknow.

Case Briefs High Courts

Supreme Court's Triple Talaq judgment applies retrospectively; Andhra Pradesh High Court rejects husband's suit for decree of divorce

“By the time the judgment is proposed to be rendered on such a plaint, the law available for the Court would be that there was no Triple Talaq. Therefore, the view of the trial Court that the ratio in Shayara Banu's case (supra) is not applicable retrospectively is incorrect.” observed the Court

Case Briefs Supreme Court

Sikkimese women can’t be denied tax exemption merely for marrying non-Sikkimese men after April 2008; SC strikes down Proviso to Section 10(26AAA) of Income Tax Act

Noting that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after 01.04.2008, the Supreme Court observed that the discrimination is based on gender.

Case Briefs Supreme Court

They are all Sikkimese! All old settlers entitled to the exemption under Section 10(26AAA) of the Income Tax Act: Supreme Court

While MR Shah, J, has struck down the definition of “Sikkimese” in Section 10(26AAA) of the Income Tax Act, 1961, Nagarathna, J, has called for saving the Explanation to Section 10(26AAA) and has created a stopgap ‘sub-clause (iv)’ till the Union of India makes the requisite amendment to the provision.

Case Briefs High Courts

[Uphar Cinema Fire Case] A fictional rendition of trials and tribulations cannot be presumed to be defamatory; Delhi High Court denies restrain order against web series ‘Trial by Fire’

If the court were to find that the material which is likely to be broadcast or published already exists in the public domain and has existed as such for a considerable period without an objection having been raised, that too would detract from the right of the plaintiff to seek ad interim injunctive relief.

Case Briefs High Courts

Allahabad High Court| Application of law should be the same for all, and no special treatment shall be given to any person depending upon his position, power and place in society

Allahabad High Court said that police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to them.

Case Briefs High Courts

Delhi High Court | Central Armed Police Forces is part of Indian Armed Forces; Delhi High Court holds CAPF to be governed by old pension scheme

Article 246 read with List 1 Entry 2 of the Seventh Schedule of Constitution of India envisages Armed Forces of the Union of India and includes “Naval, Military and Air Forces; any other armed forces of the Union”

Case Briefs Supreme Court

Supreme Court| Procuring medicines only from IMPCL & not from others mentioned under National AYUSH Mission Operational Guidelines is arbitrary

Inviting tenders from the entities mentioned in paragraph 4(vi)(b) of the National AYUSH Mission Operational Guidelines is the most transparent and non-arbitrary method of allocation that can be undertaken. Hence, the appellant must henceforth purchase Ayurvedic medicines only through a free and transparent procedure such as tenders, and deviation from this rule to procure medicines by nomination can be done, only if exceptional circumstances exist.

Case Briefs High Courts

Section 16 G (3) of U.P. Intermediate Education Act not applicable to the teachers employed in private minority institutions; Allahabad High Court reiterates

U.P. Intermediate Education Act is not applicable to the teachers employed in private minority institutions. Thus, the teachers do not have the right to invoke the powers of the High Court, under Article 226.

Case Briefs High Courts

Allahabad High Court issues bailable warrant against Sanjay Prasad, UP Principal Secretary for Contempt of Court

Allahabad High Court said that the conduct of Sanjay Prasad shows deliberate and willful disobedience of the orders passed by the writ Court as well as this Court. Thus, it issued bailable warrants against him.

Case Briefs High Courts

Delhi High Court dismisses petition filed by Association for Democratic Reforms for constituting an independent tribunal to oversee enforcement of Foreign Contribution (Regulation) Act, 2010

The Delhi High Court Delhi dismissed plea for constituting independent tribunal or committee to oversee enforcement of the Foreign Contribution (Regulation) Act, 2010 (FCRA) and held that mere apprehension that the Act was capable of being misused was no ground to create an independent body to oversee the functioning of the FCRA.

Case Briefs District Court

Mere call detail records are not sufficient to proceed against the accused; Saket Court, Delhi releases accused charged for conspiracy and murder

Saket Court, Delhi released an accused charged for conspiracy and murder and the Court held that mere call detail records were not sufficient to proceed against the accused.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes High Level Committee to combat Pollution in River Yamuna

NGT constitutes High Level Committee to be headed by Lieutenant Governer, Delhi to combat unabated pollution caused in River Yamuna and directed to adhere to the timelines laid down.

Case Briefs High Courts

[YashRaj Copyrights case] Delhi High Court issues summons and notice to the American video sharing application ‘Triller’

The plaintiff contended that the impugned platforms contained various features, such as the audio extraction feature, which are beyond the limited role of an intermediary specified under Section 79 (2)(a) of the IT Act, thereby disentitling the defendant from the 'safe-harbour' protection guaranteed to intermediaries under the IT Act.