Case Briefs Archives

Congress MLA's plea against BJP MLA's defection

Madhya Pradesh HC rejects plea of Congress MLA Umang Singhar against Speaker’s inaction on BJP MLA Nirmla Sapre’s defection

“Umang Singhar has failed to establish that a legal right claimed by him has prima facie been infringed or is threatened to be infringed by the respondents within the territorial limits of this Bench.”

quashes law allowing Panchayat member term in office

Case Briefs High Courts

‘Creates confusion, absurdity and anomaly’; Manipur High Court quashes law allowing Panchayat members to continue in office beyond 5 years

The amendment in Section 22(3) of Manipur Panchayati Raj Act, 1994 created dual governing bodies for the same office by extending the tenure of Panchayat members to an indefinite period, when elections cannot be held within time.

Case Briefs High Courts

‘TNPPDL Act doesn’t cover private land’; Madras HC quashes charges in Mahatma Gandhi statue damage incident at school

“The Trial Court, shall not act like a post master that receives the final report from the Police and blindly proceed to frame charges on the premise that the final report would be perfect in all respects.”

using unhygienic products not within competition act scope

Case Briefs Tribunals/Commissions/Regulatory Bodies

Unauthorised occupation of public premises, use of unhygienic products, and violations of food safety standard not within scope of Competition Act: CCI

The Informant alleged that there is sharp decline in sales of his business, as a juice corner operator-Opposite Party sold cooked food from unhygienic and unknown sources at below manufacturing cost, leading to unfair competition in respect to vendors who are complying with the regulations.

Case Briefs High Courts

‘City should not be brought to a standstill’: Bombay HC directs Maratha reservation protestors to vacate streets

The Court questioned whether these protesters would clean up the streets, vacate them, go back home and let peace and let the tranquility prevail in Mumbai, so that the common man can lead a normal life?

Case Briefs High Courts

Court can implead husband’s paramour and seek mobile location of spouse in adultery cases: Delhi High Court

By allowing production of documents directly pertinent to the issues in dispute, the Court ensured the wife’s access to necessary evidence, while avoiding unnecessary intrusion into unrelated financial matters. Such a calibrated approach aligns with the principle of proportionality and prevents the discovery process from becoming a fishing expedition.

Case Briefs High Courts

Bombay High Court dismisses Jagruk Nagrik Sanghatana’s PIL alleging health hazards from telecommunication (mobile) towers

The Court further noted that the new statutory framework under Telecommunications Act, 2023 and Telecommunications (Right of Way) Rules, 2024, now governs the installation, operation and maintenance of telecommunication towers.

Case Briefs High Courts

Can Section 91 CrPC be invoked to compel an accused to produce incriminating material? Calcutta High Court examines

The Court observed that issuance of summons to produce a document against a person asking him to produce a document does not ipso facto makes the said person as a witness however, it would be highly unjust if the word ‘person’ used in Section 91 of the Code of Criminal Procedure is presumed to include an accused.

Case Briefs High Courts

‘Stigma of rape should not be on the victim but the perpetrator’; Delhi HC refuses to quash FIR in POCSO case; Imposes Rs 10,000 as costs

“There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

No Financial Creditor status with invalid Debt Assignment: NCLAT sets aside initiation of CIRP under Section 7 IBC

“For maintaining an application for default of another Financial Creditor, the essential ingredients to be fulfilled by the Applicant is that the Applicant has to be a Financial Creditor on its own facts.”

Case Briefs High Courts

‘No longer in times when discrimination can be made between male and female’; Delhi High Court directs woman’s appointment to vacant IAF post

The distinction between male and female has, in the present time, been reduced to nothing more than a chance chromosomal circumstance, and ascribing, to it, any greater relevance would be illogical as well as anachronistic.

Case Briefs High Courts

‘Centre should have granted relief, rather than raising objection for delay’: P&H HC dismisses plea challenging war injury pension to 1971 Indo-Pak war soldier

The solider was not aware of the benefit of war injury pension, but the petitioners very well knew that the solider suffered an injury in war and is entitled to such benefit but still did not grant the said benefit and rather expected such solider to revert back, to claim the said benefit.

Case Briefs High Courts

‘Jethani not part of same family unless residence and kitchen are shared’; Allahabad HC quashes order cancelling Anganbari Worker’s appointment

Allahabad HC directed the District Programme Officer to reinstate the petitioner as Anganbari Worker to discharge her duties and to pay her salary month by month.

Habeas Corpus not substitute in custody disputes

Case Briefs High Courts

‘Writ of Habeas Corpus not substitute for meticulous determination of custody disputes’: P&H HC refrains from imposing costs on mother

‘The extraordinary jurisdiction of a writ Court should be invoked when the foundational jurisdictional fact of child being in illegal custody is demonstrably established or such exercise of jurisdiction is warranted by welfare of the child.’

Case Briefs High Courts

‘Lack of seriousness by Railways’; Chhattisgarh HC takes suo motu cognizance of lack of financial assistance to electrocuted contract worker

Noting the Union’s plea for some time to respond, the Court opined that such a plea reflected a lack of seriousness on the part of the Railways, particularly when the victim was admitted in hospital and struggling for his life.

special treatment of VIPs at Mahakaleshwar Mandir

Case Briefs High Courts

‘Writ Court can’t decide who is VIP, it’s competent authority’s discretion’; MP HC rejects plea against special treatment given to VIPs at Mahakaleshwar Mandir

“On a particular day, looking to the status of the person, the Collector shall be the competent authority to treat him as a VIP for the purpose of offering water to the deity. There is no permanent list or protocol published by the Managing Committee of the VIP persons.”

Case Briefs Supreme Court

“Procedure is not supposed to control justice”; SC restores conviction & sentence of men who raped a minor girl in 2016

“It is always a matter of utter failure for the system when a culprit, that too of a heinous sexual offence, manages to walk free by entangling the victim in misapplication of procedural rules, without the knowledge of the victim and without any control of the victim”.

Case Briefs District Court

“Powers under S.37(2)(b) of Arbitration Act shall be used only in exceptional circumstances”: Delhi Court reiterates, refuses relief to Satyam Polyknits

“Where the Arbitrator assigns the cogent grounds and sufficient reasons and no error of law or misconduct is cited, the Order does not call for any interference in exercise of the power vested in the Courts.”

Case Briefs High Courts

Delhi High Court suspends trial Court judge, initiates disciplinary proceedings

Justice Sanjeev Kumar has been placed in suspension following a disciplinary proceeding.

Case Briefs High Courts

The Hindu and ETV Bharat Contempt case dropped: J&K and Ladakh HC cautions media against scandalizing judiciary

“Any news, in respect of Courts and its working, made with a motive of degrading the judicial institution or lowering its prestige in the eyes of general public, eroded the public trust in the Courts and must be viewed as an ill-motivated interference in the administration of justice.”