Case Briefs Archives

Certiorari is supervisory and not appellate; it lies where material documentary evidence is ignored resulting in a perverse finding: Supreme Court

While the arbitrator and the Tribunal proceeded on the presumption that claimant continued to be a member of respondent Society, the Delhi High Court found that material documentary evidence concerning his resignation, transfer of his share and rejection of his subsequent membership application had been overlooked.

Case Briefs High Courts

Calcutta High Court: Stray instances of living together after separation do not amount to “condonation of cruelty” in divorce proceedings

In the landmark judgment of N.G. Dastane v. S. Dastane, (1975) 2 SCC 326, the Supreme Court held condonation of cruelty under Section 23(1), Hindu Marriage Act and the corresponding provisions of the Special Marriage Act, a mitigating factor in grant of divorce on the ground of cruelty.

Illegal detention and alleged jewellery loot at police station

Case Briefs High Courts

Four days of alleged detention, ₹14 lakh jewellery allegedly looted: Allahabad HC orders SP probe, CCTV preservation at Unnao Police Station

The Court directed Superintendent of Police, Unnao to conduct an inquiry into allegations in the petition and examine, preserve and produce CCTV footage of Police Station Hasanganj before the Court.

Case Briefs High Courts

Section 74, CGST Act cannot be invoked without foundational facts of fraud, wilful misstatement or suppression: Supreme Court

Supreme Court held that Section 74, CGST Act could not be invoked mechanically without foundational facts establishing fraud, wilful misstatement or suppression of facts, and set aside the impugned SCN and consequential order.

Case Briefs Supreme Court

Defects in Form-25 may bar corrupt-practice allegations, but does not render entire election petition non-maintainable: Supreme Court

The Court clarified that no particular form of attestation is prescribed under Section 81(3), Representation of the People Act, 1951, and different endorsements may suffice where they convey the same meaning

Case Briefs High Courts

Individual causes of action, separate court fees; Common cause, single court fees: Bombay HC draws the line

Can litigants save court fees by simply joining hands in a single writ petition? The Bombay High Court answered with a qualified no, holding that court fees on joint writ petitions are payable per petitioner when each petitioner seeks an individual benefit.

Case Briefs Supreme Court

“Astonished”: SC faults Family Court acting “in the teeth of” High Court’s express visitation order; calls for judicial caution in future

Family Court had dismissed respondent-mother’s application for restoration of custody, by recording findings contrary to the material placed before it and inconsistent with the Karnataka High Court’s express order modifying the visitation arrangement.

interim protection to contractual Junior Engineers

Case Briefs Supreme Court

Supreme Court dismisses SLP against interim protection granted to contractual Junior Engineers appointed under World Bank-funded project

Supreme Court dismissed the SLP challenging interim protection granted to contractual Junior Engineers, permitting them to continue in service on the same terms and conditions pending the High Court’s decision on regularization.

Case Briefs High Courts

A clear acquittal, not a technical one: Rajasthan HC holds non-disclosure of acquittal not fatal to appointment

The Court held that the rejection of candidature of the petitioner on the sole ground of non-disclosure of prior criminal proceedings where petitioner was acquitted, was contrary to law propounded in Avtar Singh case, as no criminal proceedings were pending against the petitioner and he was acquitted prior to the commencement of the recruitment process.

criminal proceedings against consenting adult sex worker

Case Briefs High Courts

‘Sex workers entitled to equal protection’: Chhattisgarh HC quashes criminal proceedings under Immoral Traffic (Prevention) Act against consenting adult sex worker

The High Court held that continuation of criminal proceedings against an adult woman under the Immoral Traffic (Prevention) Act, 1956 would amount to abuse of the process of law where the material did not disclose any specific act constituting the alleged offences.

Case Briefs High Courts

Read why Punjab & Haryana High Court quashed PNB fraud order against former company director for failure to consider reply; Afford personal hearing

The Court observed that despite the petitioner’s point-wise reply to the show-cause notice being acknowledged in the impugned order, the same was brushed aside by recording an observation fallacious on the face of the record.

Failure to appoint arbitrator within reasonable time

Case Briefs High Courts

Failure to mutually appoint sole arbitrator within a reasonable time justifies court’s intervention U/S 11(6) despite absence of express refusal: Delhi HC

The Court held that whether there has been a “failure to act” must be determined by examining the circumstances as a whole and whether a reasonable time had elapsed for performance of the agreed appointment procedure.

Case Briefs Supreme Court

Frame charges in 60-90 days, no unnecessary adjournments: SC gives directions for effective Speedy Trials in Dowry & Cruelty cases

The latest set of directives issued by the Supreme Court in pursuance of its December 2025 directions intends to address the systemic delay and ineffective implementation attending prosecutions under Sections 304-B, Section 498-A, Penal Code, 1860 and the Dowry Prohibition Act, 1961.

Case Briefs High Courts

Two years, no Commission: Delhi HC directs Centre to decide on constitution of National Nursing and Midwifery Commission within 2 months

Delhi High Court directs respondents to decide representation concerning constitution of the National Nursing and Midwifery Commission within two months

Case Briefs Foreign Courts

Can the Corporate Veil be pierced to enforce an Arbitral Award? Zambia Supreme Court answers

The present case discusses the effect of an arbitral award and the extent to which the courts can assist in execution. It also discusses the processes that are available in the court system for the execution of an arbitral award and the principle of piercing the corporate veil.

Environmental Liability of Art of Living International Centre

Case Briefs Supreme Court

Polluter-pays principle applies only where damage is attributable to the polluter; SC sets aside NGT’s liability assessment against “Art of Living International Centre”

The Court held that the mere existence of environmental degradation is insufficient. A causal connection between the conduct of the alleged polluter and the environmental damage must be established.

Case Briefs High Courts

Practising law and pursuing 3-year LLM course simultaneously? Delhi HC lets attendance shortfall slide

The Court observed that “the very purpose of the LLM 3-year course is to enable students to continue practice before the Courts while simultaneously pursuing their Masters program”.

Case Briefs High Courts

Delhi HC calls for immediate measures to address Yamuna pollution, waterlogging, sewage treatment and redevelopment of industrial areas

Delhi High Court emphasised that redevelopment of these non-conforming industrial areas was essential not only for providing proper infrastructure but also for eliminating waterlogging and preventing untreated sewage from entering the Yamuna.

Case Briefs High Courts

Delhi HC Order in Saurav Das Case: What the Court said on Summons, Amendment of Plaint and Injunction Plea

Delhi High Court issued summons in Saurav Das’s suit, allowed amendment substituting Defendant 4 with Good Morning India (P) Ltd., and directed the defendants to file their reply to the interim injunction plea within 10 days.

Case Briefs Supreme Court

SC orders Pan-India SIT probe into fraudulent motor accident claims, warns insurers against “pick and choose approach” for reporting claims

The present proceeding initially concerned with a narrow question as to whether the vehicle stated to have caused a motor accident was in fact the vehicle involved in the accident, however, subsequently revealed a much wider concern regarding fraudulent motor accident claims in a recurring and organised pattern.