Case Briefs Archives

“In despair, the wife set fire to herself and later blamed in-laws”: Madhya Pradesh HC grants divorce to man whose wife attempted self-immolation

“This dreadful act is sufficient to hold that she has committed mental cruelty with the husband and the Trial Court erred in not appreciating the facts evident on the record and even more so in replacing them with its own perceived notions.”

Case Briefs High Courts

‘Arbitrary and discriminatory’; Gauhati HC upholds pensionary benefits to 2006-2009 retirees, previously denied over financial stringency

There is no valid justification for creating two classes of pensioners, i.e. those who retired between 1-1-2006 and 31-3-2009, and those who retired after 31-3-2009, solely to grant a revised pension.

Case Briefs High Courts

J&K and Ladakh HC interprets Rule 49 of BCI Rules; Holds Advocate entitled to Absolute Licence if application filed before joining Govt. service

“It was not the disputed eligibility of the petitioner to have an absolute licence to practice law, but an alleged non-communication of his appointment in government service that had prompted Respondent 1 to issue the impugned order and notification.”

State Information Commissioner post-retirement benefits

Case Briefs High Courts

‘State Information Commissioner entitled to Chief Secretary-Level post-retirement benefits’; 10-year qualifying service not mandatory under S. 16(5) RTI Act: Gauhati HC

Gauhati High Court observed that by virtue of Section 16(5) of the Right to Information Act, 2005 , a deeming fiction is created to the advantage of the State Information Commissioner, who would be paid similar salary and postretiral benefits as that of Chief Secretary.

Resettlement claim Panchayat Parivar Register

Case Briefs High Courts

No rehabilitation benefits without entry in Panchayat Parivar Register at the time of acquisition: Himachal Pradesh HC

“The Rehabilitation and Resettlement Scheme was for the benefit of only those who were permanently residing in the area and who were to be rendered houseless and landless on account of acquisition proceedings for the purpose of construction.”

Case Briefs High Courts

‘KARPURE’ not deceptively similar to ‘CAMPURE’; Bombay HC declines interim injunction to Mangalam Organics in trade mark dispute

“Relevant consumer base for the products which are deodorizers, air purifiers etc would be an average educated class with the ability to differentiate between the rival marks especially when there is no resemblance apart from a phonetic similarity between the two when viewed as a whole.”

In-service Teachers needing to qualify TET exam

Case Briefs Supreme Court

An overview of Supreme Court decision mandating Aspiring and In-service Teachers to qualify the TET

“TET is indeed a qualification, necessary to be held by a person seeking appointment as a teacher in a school. Only upon a person obtaining such qualification can he become eligible for appointment as a teacher”.

Case Briefs High Courts

Permanency secured: Bombay HC rules in favour of Sanjay Gandhi National Park forest workers

“If Government’s argument is accepted, it would amount to enslavement of these workmen and bonded labour. The Court cannot be a mute spectator to this situation.”

Case Briefs High Courts

“Alarming picture”: Chhattisgarh HC continues monitoring unregulated sale of knives as State informs online sale of 211 knives, registration of 677 cases in 2025

“The aforesaid data shows an alarming picture of the situation prevailing in the society, though the State appears to be taking adequate measures.”

Case Briefs Supreme Court

Witness Protection Scheme cannot substitute bail cancellation; rendering provisions of bail cancellation otiose: Supreme Court

Witness Protection Scheme is a remedial and curative measure, designed to neutralise the effects of threats once they have materialised. Bail cancellation, on the other hand, is a preventive and supervisory function of the criminal court, whose duty is to ensure that the trial proceeds unpolluted by intimidation.

Case Briefs Supreme Court

Supreme Court deprecates State Inaction; Orders immediate restoration of suspended Rajasthan Pradhan

“In the normal course, we would not have entertained the petition of this nature, but the petitioner is seeking implementation of a relief that he has already got by invoking a remedy under Article 226”

ED can access information placed by IT Dept

Case Briefs High Courts

‘ED not restricted to access information placed on record before Magistrate by the IT Department for investigation’: Punjab and Haryana High Court

‘Information regarding the foreign assets has been placed on record in the form of documents before the Magistrate by the IT Department which has been sought by another government Department for the purpose of investigation. It is not a case that the information has been demanded for public dissemination.’

Case Briefs High Courts

‘Recruitment process of public employment should remain free from laxity’: Punjab and Haryana HC nullifies appointment based on forged documents

‘Certificate of Assistant Lineman was not verified diligently during his probation period, and it was clearly due to the laxity displayed by the employee concerned that the appointment went through in spite of lack in requisite qualifications, thereby denying a rightful candidate his opportunity of public employment.’

Police Order Refusing Closure of Man's History Sheet

Case Briefs High Courts

“No licence for police to arbitrarily enter names in surveillance register”: Allahabad HC quashes police order refusing closure of man’s history sheet

“We are of the considered view that Regulations 228 and 240 of the UP Police Regulations do not give an unbridled power to the police to use it in such a way which has necessary consequence of squeezing out the fundamental freedom of the citizen.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Notice to deceased assessee must first be served on legal heirs; once on record, legal heirs represent deceased assessee: ITAT

In the present case, notice under Section 148 of Income Tax Act, 1861 is not served on legal heir of the assessee. The said notice is served on the assessee, even after the knowledge that the assessee is deceased.

employees being paid from grants-in-aid not government employees

Case Briefs High Courts

‘Employees being paid salary from grants-in-aid not government servants’; Gauhati HC dismisses pension claim by Assam Minorities Development Board employees

“Gauhati High Court noted that the petitioners were employees of the Board and served on conditionally sanctioned posts, which were permanently retained and they were being paid their salary from grants-in-aid and not from the ordinary Head for disbursement of salary of the government employees.”

Case Briefs High Courts

Delhi High Court restrains astrologer Umang Taneja from posting videos defaming Trishla Chaturvedi

Umang Taneja had posted videos on YouTube and Instagram disparaging Trishla Chaturvedi by accusing her of practicing black magic and being a drug abuser.

Presiding Officer has no knowledge of law

Case Briefs High Courts

“Presiding Officer has no basic knowledge of law, needs training”: Madhya Pradesh HC sets aside Civil Court’s order refusing substitution of deceased plaintiff’s heir

“It is crystal clear that the Presiding Officer of Civil Court has no basic knowledge of law and she needs training at the Judicial Officers Training and Research Institute (‘JOTRI’) regarding procedural law.”

government sanction for aided college appointments

Case Briefs High Courts

Kerala HC clarifies Government sanction for teaching posts in private aided colleges following 2005 amendment in University Acts

“Following the 2005 amendment, the creation of posts became subject to the decision of the Government, and the Syndicate’s role was shifted to approving appointments in accordance with that decision.”

Case Briefs High Courts

Once appeal is remanded, Authority becomes functus officio, lacks jurisdiction to rehear it: Himachal Pradesh HC

“There was no provision to hear and decide the objections after the appeal was decided by the Divisional Commissioner because Rule 10 of the 1994 Rules laid down that the orders passed in appeal by the Divisional Commissioner would be final.”