Case Briefs Archives

Delhi HC orders probe against Magistrate and Sessions Judge for staying arrest despite dismissal of bail application by High Court and Supreme Court

The accused had been denied anticipatory bail by orders of the High Court as well as the Supreme Court which had been overlooked by the Judicial Magistrate and the Sessions Court while entertaining applications for anticipatory bail.

Case Briefs High Courts

Karnataka High Court allows repatriation of Russian mother and daughters found in isolated Gokarna caves

The Russian mother and the elder child had overstayed with another being born in India.

Case Briefs High Courts

Rajasthan HC holds S. 15(3) of Rajasthan Rent Control Act directory; Orders Tenant to plant and maintain 11 trees till disposal of application

“The reasons for passing this present order asking the petitioner to plant 11 plants is in the interest of the public at large and for the greater public good.”

Case Briefs High Courts

Delhi High Court protects EBC’s iconic ‘Coat-Pocket Constitution’; ‘Young Global Publishers’ injuncted from passing off deceptively similar edition

The plaintiffs, EBC Publishing Pvt Ltd (Eastern Book Company), a pioneer in law publishing for over 84 years and publisher of the widely cited Supreme Court Cases (SCC), approached the Court seeking protection of their flagship ‘coat-pocket’ edition of the Constitution of India, distinguished by its iconic red and black trade dress.

Case Briefs High Courts

Delhi High Court protects EBC’s iconic ‘Coat-Pocket Constitution’; ‘Professional Publishers’ injuncted from passing off deceptively similar edition

Case Briefs High Courts

Delhi High Court protects EBC’s iconic ‘Coat-Pocket Constitution’; ‘Rupa Publications’ injuncted from passing off deceptively similar edition

Case Briefs High Courts

Anticipatory bail maintainable only before High Court in absence of prima facie case under SC/ST Act: Andhra Pradesh High Court

The prosecution had raised a preliminary objection regarding the maintainability of the petition contending that the Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 puts an embargo on the High Court from hearing any anticipatory bail application.

Case Briefs High Courts

‘RTE Act and RPwD Act not applicable to Sainik Schools’: Madras HC upholds rejection of student’s admission for failing medical fitness norms

“Selection and admission to the Sainik School are subject to fulfilling admission criteria, eligibility, rank, merit list, medical fitness, verification of original documents, and such other criteria as may be prescribed by Sainik School Society. Therefore, in the event of an unfit medical report, the Principal is mandated to click the reject button on the e-counselling portal.”

50% marks in Superior Judicial Service Exam

Case Briefs High Courts

Criteria of securing minimum 50% marks in Punjab and Haryana Superior Judicial Service examination not arbitrary: Punjab and Haryana High Court

“It is open to the High Court to prescribe the criteria including cut off marks and ‘minimum marks qualification’ as has been envisaged in clause 8.4 of the notifications to assess the merit and suitability of the candidates to perform the sacrosanct duties of Judicial Officer.”

Case Briefs Supreme Court

Supreme Court issues extensive guidelines to tackle massive backlog of cheque bouncing cases under NI Act in the District Courts

The Court also pointed out that service of summons on the accused in a complaint filed under Section 138 of the NI Act continues to be one of the main reasons for the delay in disposal of the complaints.

Case Briefs High Courts

Delhi High Court quashes order against A.R. Rahman in copyright infringement case of song ‘Veera Raja Veera’

“Indian classical music rarely follows a system of written notation or publication. Since ancient time, the compositions of Indian music were taught orally in the gurushishya Parampara , where knowledge was passed down through oral learning, improvisation, and repeated performance, rather than formal documentation. Hence, after explicitly declaring that fixation is not required, using fixation and performance as the determinative is against the legislation’s aim and objective.”

Law College rejection of Hindi answer sheet

Case Briefs High Courts

Bombay High Court affirms law college’s rejection of Hindi answer sheet citing BCI language mandate violation

“We do not find any reason that would outweigh the Rules of 2008 and the Circular. Moreover, the Rules of the Bar Council of India indicate that, besides English, students belonging to particular regions and States may write their answers in the regional language. For Maharashtra, the regional language is Marathi ”

school cannot assert ownership without title deed

Case Briefs High Courts

‘School cannot assert ownership over playground without title deed’; Kerala HC allows Company to use the land for football practice

“The land stated to be a playground was situated 500 meters away from the school and the fact that it was earlier used for conducting District and State Level School Sports Meets could not be used to indicate that the playground belonged to the school”

Case Briefs High Courts

Amid NDPS probe, Bombay HC directs UIDAI to reveal demographic information of Israeli national who obtained Aadhaar card despite ineligibility

The Israeli national was not in possession of a valid passport or a valid visa to justify his stay in India as a resident, to qualify him for being granted an Aadhaar card.

Case Briefs High Courts

Allahabad HC stays NHRC orders directing EOW to conduct inquiry into 558 aided Madrasas across the State

Acting on a complaint by respondent 9, the NHRC, in three separate orders directed the Director General of the U.P. Economic Offences Wing to initiate an inquiry into alleged financial and other irregularities in the management of these madrasas.

Case Briefs High Courts

Who must submit the Section 65B Evidence Act certificate? Rajasthan HC reiterates requirements

In the case at hand, the video was recorded in someone’s device and transferred to the device of the respondent who had submitted the certificate.

Case Briefs High Courts

Xerox copy of lost cheque admissible as secondary evidence under S. 65 Evidence Act if original was verified: Madras High Court

“If the original document is lost or destroyed, detained by the opponent, or third person, who does not produce it before the Court or physically irrecoverable, the secondary evidence is admissible”.

eviction of children from senior citizen's property

Case Briefs Supreme Court

Children can be evicted from senior citizen’s property in case of breach of obligation to maintain; SC reiterates

“Maintenance and Welfare of Senior Citizens Act, 2007 was enacted to address the plight of older persons, for their care and protection. Being a welfare legislation, its provisions must be construed liberally.”

Case Briefs High Courts

‘Litigant cannot be made to suffer on account of lapses of Advocate’s office’; Bombay HC condones 75-day delay in filing written statement

The Court opined that the applicants, upon finding out the lapse by the advocate’s office in filing the written statement, were vigilant enough to contact the Advocate themselves.

Case Briefs High Courts

‘Calling daily wage workers’ service as ‘casual’ is morally unjust’: Punjab and Haryana High Court allows plea for regularization

The Court stated that the present case is a stark reminder of the systemic inequity that daily wage workers suffered often under the garb of technicalities and institutional inaction.