Case Briefs Archives

Madras HC issues interim injunction against Annamalai Digital prohibiting defamatory publications about former Army personnel until next hearing

Madras High Court also directed the Media house to remove and delete the defamatory article published against the former army personnel.

Case Briefs High Courts

Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused

Mere presence of the antecedents will not lead to a presumption about the active involvement of the accused in any activity, without any material proof in support.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT orders District Magistrate, Gonda to demarcate floodplain zone of River Tedhi; halts further construction

The NGT directed that no construction activities to be permitted within 200 meters of the High Flood Level from the centre of River Tedhi until further orders.

Case Briefs Supreme Court (Constitution/Larger Benches)

What Justice Nagarathna held on States’ power to regulate ‘Industrial alcohol’ as lone dissenting voice in 8:1 verdict

Nagarathna, J., was of the view that Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, did not require overruling and it continues to be good law in the context of what is comprised in the expression “industrial alcohol” and “intoxicating liquors”.

Case Briefs Supreme Court (Constitution/Larger Benches)

‘Section 6A of Citizenship Act manifestly arbitrary, temporally unreasonable and, demonstrably unconstitutional’: Justice JB Pardiwala’s Dissent

“Section 6A of the Citizenship Act, which was meant to dispel and discourage incoming illegal immigrants, turned out to be a beacon for the illegal immigrants from Bangladesh to come into Assam, by taking advantage of the poor mechanism which is prone to open abuse.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Mere disagreement with order or alternative view not sufficient for review’; NGT upholds environmental compensation of ₹10,00,000

The NGT reaffirmed that review proceedings are not an appeal in disguise and should be confined to the specific grounds allowed under law.

Case Briefs High Courts

Delhi High Court upholds power allocation between Madhya Pradesh and Chhattisgarh under MP Reorganisation Act, 2000

The allocation of Central sector power based on consumption requirements has been adjusted to account for the resources already available to the State. There is no unreasonableness or illegality in such an approach, so as to warrant interference of the Court.

Case Briefs High Courts

Illegal and immoral transaction like bribe does not constitute legally enforceable liability; cannot give rise to criminal liability under NI Act: Punjab and Haryana HC

The appellant has himself unequivocally admitted during his cross-examination before the Trial Court that the cheque amount was paid as a bribe to the respondent for securing Government employment in the Punjab Police by certain job aspirants.

Case Briefs High Courts

‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position

‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’

Case Briefs Supreme Court

[Gram Pradhan Election] Supreme Court directs fresh recount of votes; Appoints junior most lady advocate present in Court as Court Commissioner

Supreme Court directed that the entire process of recounting of votes should be video-graphed, and the result of re-count to be signed by the parties, their counsel as well as the Court Commissioner, besides the Presiding Officer of the Election Tribunal.

Case Briefs High Courts

[Pune Porche Accident Case] Bombay HC denies anticipatory bail to co-accused minor’s father, who changed blood samples

The document, that is, the blood sample clearly answers the definition of “valuable security” under Section 30 ¹ of the Penal Code, 1860, as it certainly, created a right in the minor son of the applicant of portraying innocence.

Case Briefs High Courts

J&K High Court treats Social Media letter on non-recruitment for Gazetted posts in Ladakh as PIL

The Court acknowledged the grievance raised about the lack of recruitment for gazetted posts in Ladakh, issued notice and sought for the UPSC and Ladakh Government’s response.

Case Briefs Supreme Court

Supreme Court issues detailed directions to Legal Services Authorities over access to Free Legal Aid for prison inmates

The Division Bench of the Court, while deliberating over the matter, identified 2 major issues- (1) Open Correctional Institutions and (2) Modalities for visitation by lawyers in jail to ensure free legal aid to the deserving prison inmates.

Case Briefs High Courts

J&K High Court seeks Govt’s response on reservation policy for transgender community in J&K

The Deputy Solicitor General of India (DSGI), filed a status report on behalf of the UT of Ladakh, stating that a committee is formed to identify the actual number of transgender individuals in both Leh and Kargil Districts.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Central Administrative Tribunal rules against unlawful withdrawal of 7th Pay commission benefits without notice for railway employees

Once some benefit has accrued in favour of an employee, the same cannot be snatched, without providing any opportunity to the employee. Thus, the decision of the respondents to reduce the pay of the applicants is contrary to the settled position of law.

Case Briefs Supreme Court

Supreme Court overturns NCLAT judgment that closed insolvency process against Byju’s, following settlement with BCCI

The present appeal raises substantial questions about the legal framework governing the withdrawal of a CIRP; the settlement of claims after the admission of an application instituted by a debtor; and the scope of the inherent powers vested in the NCLAT under Rule 11 of the NCLAT Rules.

States power to regulate intoxicating liquor

Case Briefs Supreme Court (Constitution/Larger Benches)

Read Supreme Court’s Majority Opinion on States’ power to regulate industry of ‘Intoxicating Liquor’

This majority decision overruled Supreme Court’s 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, wherein it was held that States cannot tax industrial alcohol.

Case Briefs High Courts

Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court

The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.

Case Briefs High Courts

‘No absolute right of residence can be claimed by wife’; Delhi High Court upholds order dispossessing wife from shared household

It is not a case where the wife is helpless or there is any endeavour to leave her on the road by taking away the roof from her head. The wife herself is an educated woman, who did her MBA and is also employed.

Case Briefs High Courts

Multiple marriage registrations by a Muslim male allowed under Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998: Bombay High Court

Section 7(1)(a) of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 contemplates that the Registrar must ensure that the marriage between parties is performed in accordance with the personal law of the parties and under the personal laws for Muslims, they are entitled to have four wives at a time.