Case Briefs Archives

“The incarcerated can’t be expected to live at whims and fancies of State”: Punjab and Haryana HC directs release of 412 prisoners on interim bail

“Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of the rights and well-being of convicts. In denying them their legal right to be considered under a policy duly devised by the State for a specific purpose, the authorities have essentially categorised them as second-class citizens.”

Case Briefs High Courts

‘Even seat of justice cannot guarantee immunity from gendered abuse’; Delhi HC upholds sentence of an advocate who threatened/abused woman judge in courtroom

“When the dignity of any judicial officer is torn by way of use of filthy words proved beyond reasonable doubt, the law must act as the thread that would mend and restore it.”

Case Briefs High Courts

“Declare Summer Vacations as ‘Partial Court Working Days’; constitute extra benches”: Rajasthan High Court Bar Association requests CJ

“Bail Applications, which are pending and have been filed before the Summer Vacations, also deserves to be heard by the summer benches.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Felling of 700 trees in Bhoj Wetland, a Ramsar site; NGT forms panel, orders Statewide Tree Census

“Geo tagging of all trees to be made mandatory so that accurate records of their location, type and number can be maintained. Geo tag data should be published and be made available and reported to the office of Chief Conservator of Forest.”

Case Briefs High Courts

MP High Court affirms JJ Act’s jurisdictional primacy over NIA Act in trials involving juveniles

“A person cannot be a juvenile for one purpose and an adult for other purpose. The Courts lean strongly against any construction which tends to reduce a statute to a futility.”

Case Briefs High Courts

Madras High Court sets aside suspension of TASMAC employees who exposed internal corruption in media

“The available materials show that there is something wrong in the department. TASMAC is run by the government in order to prevent casualties on account of illicit arrack and it should not allow any corruption in the department. The department has to realise its mistake.”

Case Briefs High Courts

Delhi High Court grants stay on Bank of India’s fraud classification based on Resolution Plan of Reliance Commercial Finance Limited

The petitioner submitted that since Resolution Plan under the Reserve Bank of India’s Prudential Framework for Resolution of Stressed Assets, 2019 have already been implemented, therefore, the Bank of India ought not to have proceeded against the petitioner.

Air Force School Article 12 Supreme Court

Case Briefs Supreme Court

Air Force School not a ‘State’ or ‘Authority’ under Article 12 of the Constitution: Supreme Court by 2:1 Majority

“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”

Case Briefs High Courts

Orissa High Court halts vending zone construction near Madhusudan Law University, cites 100-metre no-hawking rule

It was contended that construction of vending zone adjacent to the northern side of the boundary wall of the 2nd campus of Madhusudan Law University would cause road congestion leading to traffic problems, water logging, noise and other pollution.

Case Briefs Supreme Court

‘Non-disclosure of past government service can’t be a ground for discharge’: Supreme Court reinstates woman Civil Judge

Supreme Court emphasised on the necessity of women’s participation in the judiciary and said that country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse.

Case Briefs High Courts

Port’s authority, for recovery of dues, has right over other secured and unsecured creditors: Bombay High Court

The expenses incurred by the applicant, Mumbai Port, relate to the expenses for preservation of the vessels which were assets of the Company, GOL Offshore Ltd., incurred during the winding up proceedings.

teacher appointment West Bengal Municipal Act

Case Briefs Supreme Court

Supreme Court upholds Calcutta HC Judgment appointing teacher with age relaxation for Municipal School under West Bengal Municipal Act, 1993

The West Bengal Municipal Act, 1993 was enacted in order to consolidate the laws relating to urban Municipal Affairs in West Bengal. The West Bengal Municipal Employees’ (Recruitment) Rules, 2005 was introduced by the State Government in exercise of powers conferred under Section 417 read with Section 54(4) of the West Bengal Municipal Act, 1993

Case Briefs High Courts

‘Disturbing trend of exploitation of NRIs by unscrupulous individuals’; Punjab & Haryana HC rejects anticipatory bail pleas of accused in illegal land sale case

“The scale of this deceit is symptomatic of systemic abuse, where absence is weaponised and legal safeguards are routinely undermined. These offences not only impact the personal and financial security of the victims but also have cascading effects on public trust in the real estate ecosystem, and ultimately, the economic stability of the State.”

Case Briefs High Courts

‘Menstrual Health can’t be barrier to a girl’s right to education’; Rajasthan High Court upholds nursing aspirant’s educational rights

“A girl’s health condition… should not hinder her access to education merely because that of her hemoglobin was found to be below the prescribed level because of heavy menstrual bleeding.”

Case Briefs High Courts

Delhi High Court Issues Notice on Petition challenging constitutionality of Clause 3.9 of Indian Railways’ New Innovative Ideas scheme 2018

The present petition is filed by petitioner, who provides services for packing of two-wheelers, parcels, and passenger luggage with optional door pickup and delivery at Visakhapatnam Railway Station, seeking extension of his license period for seven months.

Case Briefs Supreme Court

Supreme Court grants bail to accused person whose application was adjourned by Allahabad HC on 27 occasions

“In matters of personal liberty, the High Courts are not expected to keep the matter pending for such a long time and do nothing, except for adjourning from time to time”.

Case Briefs High Courts

Delhi High Court: Blind discharge of accused with mental disabilities cannot be permitted; proper and informed judicial assessment essential

“Section 330(3) of CrPC mandates the Court to carefully consider the nature of the act committed, assess the degree of the mental condition, seek medical opinion, and then, only upon being satisfied, release the accused with adequate safeguards or refer him to a designated facility equipped to provide necessary care and rehabilitation.”

Case Briefs Supreme Court

Supreme Court spares POCSO convict from sentence citing marriage to victim; Highlights injustice to victim by family, society and legal system

“This year, as the nation commemorated the 75th anniversary of the Constitution on 26th January, it was recalled that the Constitution envisioned the State as a welfare state, guaranteeing social and economic justice to all citizens. Yet, in this case, there had been a profound failure to provide both social and economic justice to the victim. The facts revealed a failure of the very concept of the welfare state.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Single Homebuyer can’t challenge CoC approved Resolution Plan’; NCLAT upholds CoC’s commercial wisdom

The Resolution Plan has been approved by 83.46% voting share of the CoC, therefore, at the instance of Appellant, approval of Resolution Plan cannot be allowed to be questioned.”

Case Briefs High Courts

‘Courts cannot be mute spectators’; Bombay HC by virtue of Clause XVII of Letters Patent, appoints two daughters as legal guardian of their bedridden father, who suffered severe brain injury

Under Clause XVII of the Letters Patent, this Court has power and authority with respect to the person and estate of infants, idiots, and lunatics within the Bombay Presidency.