Case Briefs Archives

‘Mere fact that contraband was found in transparent bag cannot alone be evidence of innocence or police malice’: Punjab & Haryana HC refuses bail to NDPS accused

“Both scenarios create a paradox as the petitioner knowingly carrying it or the police falsely planting it are equally vulnerable to speculative reasoning and seem unlikely as an accused carrying contraband openly in a transparent bag defies caution, whereas the police planting evidence in a transparent bag defies strategic thinking.”

Case Briefs High Courts

Chhattisgarh HC rejects SBI employee’s appeal against stoppage of his increment due to misbehavior and sexual harassment against staff and customers

“It has been reflected that the Disciplinary Authority as well as the Appellate Authority have recorded concurrent findings and found the allegations of misbehaviour with customers and staff and sexual harassment of women employees and valued customers proved against the appellant.”

Case Briefs High Courts

‘District Judge’s conduct to reject urgent hearing is unbecoming of any judge’; Bombay HC grants child’s interim custody to father to undergo open-heart surgery

The Court directed that the child will be in the father’s custody during hospitalization and the mother will get the child’s custody subject to further medical advice.

Case Briefs Supreme Court

Construction in alignment with pre-existing design, no violation of UNESCO guidelines; SC upholds P&H HC’s directives for verandah construction and parking development

The modern architectural techniques have progressed by leaps and bounds, the new construction materials and techniques can be employed to construct a verandah in front of Court Room No. 1 exactly identical to the one which is existing in front of Court Room Nos. 2 to 9 without disturbing the aesthetic value of the main structure and without requiring any kind of modification/alteration in the main structure.

Case Briefs High Courts

‘Could not have departed from NCTE Notification’; Punjab and Haryana HC directs appointment of Junior Basic Teachers unjustly declared ineligible despite qualification

The Court held that what was essential was that a candidate must possess knowledge in Elementary Education, for which there were two qualifications, i.e., Diploma in Elementary Education (D. El. Ed.) or Bachelor in Elementary Education (‘B. El. Ed.’).

Case Briefs High Courts

Medical Termination of Pregnancy | MP High Court upholds minor sexual assault survivor’s right to continue Pregnancy; directs for comprehensive State support

“The right of personal liberty guaranteed under Article 21 of the Constitution of India has held that unmarried woman has right to decide in respect of the pregnancy.”

Case Briefs High Courts

‘Inquiry Committee appears to be hand in gloves with RDVV’; MP High Court orders SIT Probe into Sexual Harassment allegations against VC of RDVV

“The manner in which the investigation has been carried out carves out suspicion on the officials who have carried out the investigation.”

Case Briefs High Courts

Calcutta High Court slams Trial Judge for ‘wishful fiction’ in divorce case; husband wins divorce appeal on grounds of cruelty

Some of the words used by the Trial Judge are entirely ‘de hors’ the pleadings of both the parties and creates a ‘Deja vu’ in the mind of the court, since the Court have come across the same phrases in other matrimonial judgments as well, authored by the same Judge.

Case Briefs High Courts

‘No averment that he refused to marry her, or marriage wasn’t possible’; Himachal Pradesh HC discharges man accused of raping fiancé under false promise to marry

“The fact that the parties maintained a relationship for five long years would make it difficult to hold that the sexual relationship was based upon a promise to marry.”

Case Briefs High Courts

Delhi HC directs Govt. to grant three years INSPIRE Scholarship to a girl student who was eligible but failed to timely provide required documents

“As per the instructions in the advertisement, the respondent was duty bound to inform the petitioner about her being provisionally selected through an e-mail, which in the present case was received after the specified time period.”

Case Briefs High Courts

Probationary Judicial Officer’s discharge for unsatisfactory performance, even if preceded by complaints, not punitive without misconduct allegations: MP High Court

“The public’s perception of the judiciary matters just as much as its role in dispute resolution… therefore it is imperative to maintain a high benchmark of honesty, accountability and good conduct.” – Rajesh Kohli v. High Court of J&K, (2010) 12 SCC

Case Briefs Supreme Court

Supreme Court orders Assam Human Rights Commission to probe alleged fake police encounters in Assam; Sets aside Gauhati HC Judgment, orders legal aid for victims

“The instant matter arises from a series of encounters reported in the State of Assam, the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution”.

Case Briefs High Courts

Bombay HC upholds validity of Rule 4(1)(a) of Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975

“Individual hardship by itself cannot be a ground to hold a provision to be invalid or unworkable especially in the light of the fact that such provision is enacted keeping in mind the Directive Principles under Article 46 of the Constitution for the larger good and welfare of tribals.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

When DCDRC, Mumbai directed Amazon to pay Rs 40,000 for non-delivery of Rs. 100 Motu Patlu Kids Rakhi

The DCDRC stated that it is the duty of Amazon that it should verify the whereabouts as well as the status of the seller before accepting the order of a respective product.

Case Briefs High Courts

Allahabad High Court| Delayed amendment after a decade in divorce proceedings impermissible when facts known at outset

“For the last 10 years the husband was silent over the matter and when the proceedings were at final stage, he moved the amendment application, which is against the spirit of the provisions of Order VI Rule 17 of CPC.”

Case Briefs High Courts

Delhi High Court grants ‘John Doe’ injunction to Ankur Warikoo against AI & Deepfake misuse of identity and brand ‘Warikoo’

In the deep fakes, Ankur Warikoo has been falsely shown to recommend his audience to join WhatsApp groups for stock tips.

20-year rigorous imprisonment under POCSO

Case Briefs Supreme Court

Supreme Court dismisses petition challenging 20 years’ rigorous imprisonment given to convict under S. 6 of POCSO Act

The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.

Case Briefs High Courts

Meghalaya HC widens scope of PIL on stray dogs menace to entire State, directs formation of Committee under Animal Birth Control Rules

Rule 4 provides for formation of a committee comprising of the commissioner/chief of the local authority, who would be the ex-officio Chairman, representatives of Public Health Animal Welfare, District Society for the said Act, Animal Welfare Organisations and humanitarian or a well-known individual.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Inter Railway Request Transfer approved before policy change cannot be denied; CAT directs Railways to restore pre policy approved transfer

The Railway Board’s 2015 policy required five years of service for inter-railway transfers but applied only to fresh cases of post-issuance. Despite meeting this condition, the applicant was not relieved. Later, a 2022 policy raised the service requirement to ten years, leading SECR to cancel all pending transfers below that threshold, including the applicant’s.

Case Briefs High Courts

‘Can’t be made to suffer due to authorities’ default’; Gujarat HC grants Rs 25 Lakhs financial aid to wife of deceased worker in Govt. fair price shop

“The Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid-19 pandemic on behalf of the State Government.”