Case Briefs Archives

Non-payment of salary to employee amounts to Begar under Article 23 & is impermissible: Rajasthan High Court

“The sweep of the right to life conferred by Article 21 of Constitution of India is wide and far reaching. An important facet of that right is right to livelihood, because no person can live without the means of living, i.e., the means of the livelihood.”

Case Briefs Supreme Court

‘Media persons particularly individuals in key positions must exercise utmost caution before publishing any statements, news’; SC reiterates

“Given its vast reach, a single article or report can resonate with millions, shaping their beliefs and judgments, and it has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring”.

Case Briefs High Courts

‘Migrated Gas’ extraction by Reliance Industries violated Public Trust Doctrine; Delhi High Court sets aside arbitral award

RIL has extracted the ‘Migrated Gas’, however, the said extraction/ exploration of the ‘Migrated Gas’ without any ‘explicit and express permission’ cannot be said to have been in ‘most efficient manner for betterment of the Union’, which did not belong to it and which did not entitle them to reaping any profits therefrom.

Case Briefs High Courts

S. 192 MV Act | Meghalaya HC quashes FIR and chargesheet against former DGP for alleged misuse of official vehicle registration number

“The chargesheet submitted without permission from the Magistrate concerned to investigate the offence, cannot be rendered valid in terms of provision of Section 155 (2) of the Code of Criminal Procedure, 1973 which lays down that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.”

Case Briefs High Courts

‘Novel plea of non-receipt of signed award copy cannot be raised in appeal’; Gujarat HC rejects NHAI’s appeals against dismissal of S. 34 applications due to delay

“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”

Case Briefs High Courts

No vicarious liability of Daughter for merely receiving money from father involved in fraud case; Rajasthan High Court quashes FIR

“There is no allegation of hatching criminal conspiracy by the petitioner-daughter with her father or any connivance with regard to giving inducement to the complainant and causing loss to him.”

Case Briefs High Courts

Punjab & Haryana HC quashes order denying parole to NDPS convict on mere assumption of reoffending during elections

As the poor person has been unnecessarily forced to approach this Court for seeking parole, the Court was inclined to impose exemplary costs on respondent 4 and 5, but the assurance is given that in future, parole matters shall be decided based on material available on record.

Case Briefs High Courts

Delhi High Court temporarily restrains use of ‘Masaba’ mark; grants interim protection to House of Masaba in a trade mark case

The plaintiff averred that given the widespread sale, promotional and advertising activities undertaken by the plaintiff, the registered trade marks has become the single source identifier of the plaintiff and its goods and services.

Case Briefs High Courts

‘Victim sensed a bad touch, so her instinct must be believed’; Bombay HC upholds former Army Officer’s sentence under POCSO Act

The victim’s testimony in sexual assault cases is vital and unless there are compelling reasons which necessitates looking for corroboration of her statement, the courts shall find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.

Case Briefs High Courts

Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion: Delhi HC upholds acquittal of POCSO accused

While the legal age of consent is important for protecting minors, the adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love.

Case Briefs High Courts

‘Hyper technical & insensitive approach, ignored object of MV Act’; Gujarat HC allows plea against MACT’s order denying fair compensation

“Adopting a sensitive approach is crucial for the Tribunal. It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation”

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs PVR to pay punitive damages for wasting moviegoer’s time by playing ads beyond showtime mentioned in the movie tickets

The DCDRC noted that in the new era, time is considered money, and no one has the right gain benefit out of other’s time and money.

Case Briefs High Courts

‘Non-signing of witness depositions by Magistrate is fatal to prosecution case’; P&H HC acquits two teachers in assault case

Failure to abide by Section 275(4) Criminal Procedure Code, 1973 alone would be sufficient to suffocate the case of the prosecution, since the same is not an inconsequential irregularity, rather it impacts the entire prosecution.

Case Briefs High Courts

Delhi High Court raises doubts on the alleged shooting FIR lodged by nightclub mogul; refers matter to the Trial Court to decide

The complainant is asserted to be an extremely influential person, who runs a number of famous Night Clubs in Delhi and has close proximity with high-ranking police officials and deep-rooted connections with gangsters Lawrence Bishnoi and Goldy Brar.

Case Briefs High Courts

Duty of educated litigant does not end merely by signing counsel’s fee cheque; expected to keep track of litigation: Delhi HC dismisses application seeking condonation of delay

The appellants cannot seek condonation of such colossal delay under the pretext of professional misconduct of their previous counsel. It is not only the colossal length of delay; it is the unacceptable explanation of the delay, which must be discarded.

High Courts

Bombay HC asks State Govt. to consider applicants entering mother’s social status in “Aaple Sarkar” Web Portal for obtaining caste certificate

While dealing with matters such as the present one, the Court must be conscious of the fact regarding the purpose and object of seeking such a caste certificate based on the mother’s social status, since the mother belongs to the reserved category.

Case Briefs Supreme Court

‘Futile to withhold results’; Supreme Court allows declaration of AYUSH Students’ results who were admitted without NEET-UG

“It is true that admission to candidates who had not appeared in the NEET examination could not have been given by the College.”

Case Briefs High Courts

Mobile phone unlocking is mere ‘configuration’ for export; Not ‘taken into use’ under Duty Drawback Rules: Delhi High Court

The development of standards in the field of telecommunication which enables usage of mobile phones across countries may be rendered ineffective if such configuration is held to the detriment of the OEM or the traders/exporters.

Case Briefs Supreme Court

Can spouse of void marriage under S. 11 of HMA claim permanent alimony or maintenance under S. 25? Supreme Court answers

“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”

Case Briefs High Courts

‘Adoption of Hindu child into Hindu family can be made even without a registered deed’; P&H HC denies grant of compassionate appointment to adopted daughter

The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.