Case Briefs Archives

Rs 2 Lakh indemnity clause restrictive covenant

Explained | Why SC upheld validity of restrictive covenant with indemnity clause of Rs 2 Lakhs in case of premature resignation from Vijaya Bank’s service

Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.

Case Briefs High Courts

Bombay HC permits animal slaughter during Bakri Eid on 7-6-2025 and the Urus from 8-6-2025 to 12-6-2025 at Vishalgad Dargah

The Court clarified that the conditions imposed in Hajrat Peer Malik Rehan Mira Saheb Dargah v. State of Maharashtra, 2024 SCC OnLine Bom 1697 will also apply to the year 2025 and must be strictly complied with.

Case Briefs High Courts

“No equity in taxation law”: Himachal Pradesh HC refuses tax exemption under S. 14 HP Motor Vehicles Taxation Act to man who bought auctioned vehicles

“It is more than settled that there is no equity in taxation law and equity would only come into play in case there is no law operating in the field. For it is well settled that whenever conflict is between the law and equity, law would prevail.”

Case Briefs High Courts

In the interest of sporting community’; Meghalaya HC directs holding of open trials for state-level selections in boxing events

In the instant case, the petitioner, who is a boxer, approached the respondents to be considered for trials and selection process to represent Meghalaya. However, he was denied the same without affording any reason.

Case Briefs High Courts

Punjab and Haryana HC acquits doctors in 19-year-old PCPNDT case due to procedural lapse

“When the Court decides that the interpretation given to a particular provision earlier was not legal, it declares the law as it stood right from the beginning of its promulgation.”

Case Briefs High Courts

Rajasthan High Court steps in to protect rights of youth in Shelter Homes and abandoned care leavers; issues comprehensive directives

“The path to independence is particularly complex for Care Leavers but with the right policies and support systems in place, these young adults can be empowered not just to survive but to thrive.”

Case Briefs

Delhi HC declares ‘RITZ’ and ‘RITZ-CARLTON’ well-known trade marks in respect of hotels and other services in hospitality industry

The plaintiffs submitted that the RITZ and RITZ-CARLTON marks are widely recognized and known among Indian consumers, especially in the hospitality and travel industry. The plaintiffs have promoted their respective trade marks heavily and have been recognized and given multiple awards and accolades.

Case Briefs High Courts

Bombay High Court permits husband accused under Section 498-A IPC to travel to USA to resume his job

The petitioner-husband and Respondent 2-wife agreed to some conditions, including that the petitioner must hand over all documents and certificates belonging to Respondent 2, currently at his residence in India and in the USA, to Respondent 2.

Case Briefs High Courts

‘Hard labour cannot be overlooked’; Delhi HC directs NIOS to declare Class 12 result on or before 17 June to facilitate counselling for JEE-mains qualified students

The Court highlighted that some of the petitioners have scored good percentile and further, some of them are even from the marginalised sections of the society. They will be deprived of participation in counselling and consequent admission to the course and institute of their choice for reasons beyond their control, as the result of class 12 is yet to be declared by NIOS.

Case Briefs High Courts

Rajasthan High Court refuses to interfere in Sewage Treatment Plant site selection policy decision; dismisses PIL

“It is not for the Court, while exercising extraordinary jurisdiction under Article 226 of the Constitution of India, to decide which site would be more suitable for setting up the sewage treatment plant. This necessarily has to be done by the Government and its Authorities.”

Case Briefs High Courts

“Deemed confirmation concept has long been discarded”: Punjab and Haryana HC rejects plea of Civil Judge, dismissed after probation due to ‘doubtful integrity’

‘Deemed confirmation is a perilous concept in service jurisprudence which has long been discarded since it erodes the power of the employer to assess work, conduct, and behaviour of the probationer.’

Case Briefs High Courts

Transfer order with assignment to teach unqualified subject is ‘malice in law’ and violates Article 21-A: Rajasthan High Court

“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”

Case Briefs High Courts

Return of ‘Stridhan’ must be decided within matrimonial proceedings, not via separate application under Section 27 HMA: Allahabad High Court

Allahabad High Court emphasied that the proceedings under Section 27 Hindu Marriage Act, 1955 cannot be treated as independent or standalone proceedings to result in a decree.

Case Briefs District Court

Bombay Court sentences man to rigorous imprisonment for 4 months whose dog bit his neighbour

Considering how the accused dragged his pet inside the lift, the Court remarked that it showed that he was not compassionate towards his pet and did not care about the informant or his one-and-a-half-year-old son either.

Case Briefs High Courts

Delhi High Court issues directives on hospital lapses mandating timely MTP in rape victim cases

This case serves as an important reminder that a victim of sexual assault carrying the burden of an unwanted pregnancy may need more sensitivity to deal with as in many cases, such victims are under deep distress unable to process their situation and life. Further, each day’s delay in such cases in conducting MTP puts the victim under enhanced potential danger to her life

Case Briefs Supreme Court

Supreme Court finds no illegality in arrest of prime accused in Andhra Pradesh liquor scam case; Upholds High Court Judgment

“If a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest.”

Case Briefs High Courts

‘Now a mother of 25-days old child’; Bombay HC grants anticipatory bail to woman alleged to have assaulted and killed a biker

The applicant’s role, who was at the stage of 30 weeks’ of pregnancy, is of assaulting the deceased with fists and chappal.

Supreme Court quashes rape case over consensual relationship

Case Briefs Supreme Court

‘A consensual relationship turning sour not ground for criminal prosecution’: Supreme Court quashes rape case against 25-year-old

“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.

Case Briefs High Courts

Delhi HC grants interim protection to Sadhguru’s personality rights; restrains misuse of his rights through AI

The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.

Case Briefs High Courts

Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act: Rajasthan High Court

“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”