Case Briefs Archives

Garbage Processing Plant Pune Municipal Corporation

Garbage Processing Plant | SC directs Pune Municipal Corp. to follow NEERI suggestions; Install portable compactors with hook mechanisms

In 2019, Sus Road Baner Vikas Manch, preferred an application before the NGT, Western Zone, seeking to restrain Noble Exchange Environment Solution from operating the GPP, since the same had been established without following the procedure prescribed by law.

Case Briefs High Courts

Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC

If the power is given to do a certain thing in a certain way, the thing must be done in that way.

Case Briefs High Courts

[POCSO] Delhi High Court quashes charges against mother accused of failing to report daughter’s sexual assault by father

A mother is sought to be prosecuted for delay in reporting of sexual offences on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home.

Case Briefs High Courts

‘Victim was below the age of 16 years’; Bombay HC sets aside Children’s Court order discharging father of allegedly committing sexual assault on daughter

The Court remanded the matter back to the Children’s Court, directed the Sessions Court/POCSO Court to handover the charge sheet to the Children’s Court and the case registered before the Children’s Court was thus restored.

Case Briefs High Courts

[Right to fair & speedy trial] Rajasthan High Court quashes corruption charges against 100-year-old man and his 96-year-old wife due to 18-years Trial delay

“The absence of any progress, despite the charge sheet being filed in 2014, raises serious concerns about the administration of justice. Such delay undermines the legal principle that justice delayed is justice denied.”

Case Briefs High Courts

In case of no settlement or compromise between parties, Lok Adalat to return matter to Court for disposal: Gujarat HC reiterates

In the case at hand, no settlement was arrived at between the parties and the matter was disposed of in the Lok Adalat by exercising the power under Section 256 of CrPC.

Case Briefs High Courts

Mere pendency of criminal case, where negative final report has been filed, not a ground to refuse passport: Rajasthan High Court

The Court held that the petitioner’s case is not covered by the expression “proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India”.

Case Briefs Supreme Court

No demolition across country till Oct 1 without SC’s permission: SC directs against bulldozer action

“The said direction would not be applicable if there is an unauthorized structure in any public place and also to cases where there is an order for demolition made by a Court.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Jharkhand State Cricket Association renders ‘bundled services’ related to promoting cricket; not liable to pay service tax for services rendered in connection with sports: CESTAT

All the activities rendered by the appellant are undertaken during hosting the cricket matches alone and if there were no cricket matches played, then all these services become irrelevant.

Search under Section 30(1) of PNDT Act 1994

Case Briefs Supreme Court

Chairman or any other Member acting alone, cannot authorise Search under Section 30(1) of PNDT Act: Supreme Court

Pointing out that if the law requires a particular thing to be done in a particular manner, the same shall be done in that manner only, the Court held that decision to authorise search must be a decision of the Appropriate Authority as a whole.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Suspension of CIRP for defaults during Pandemic under Section 10-A IBC does not apply to personal guarantors: NCLT

NCLT held that the Resolution Professional followed the principles of Natural Justice and considered relevant documents, therefore, the Personal Insolvency Resolution Process should be initiated.

Case Briefs High Courts

Karnataka HC grants bail to 4 accused persons charged for alleged involvement in the murder of journalist Gauri Lankesh

On 5-9-2017, Gauri Lankesh, a journalist and a progressive thinker, was found dead in her house. Suspecting foul play, her sister filed an FIR against unknown persons.

Case Briefs High Courts

Delhi High Court restrains use of ‘AMMAJI’ trademark due to confusion with established ‘AMBA’ brand in TMT Bar Market

It is not necessary for a registered owner of a trademark to proceed against all entities using similar marks in order to proceed against any one of them. There may be a myriad reasons why a proprietor of a registered trademark may refrain from proceeding against entities that it considers are using infringing marks.

Case Briefs Supreme Court

‘Determined compensation in FSI/TDR form payable even without any representation or request’: SC grants relief to landowners for surrendering lands to Municipal Corporation

“A duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution.”

Case Briefs High Courts

Transgender persons cannot invoke Section 69 of BNS: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage

No doubt, offence alleged to have been committed by the petitioner-accused is of heinous nature, but guilt, if any, of the petitioner is yet to be established on record by leading cogent and convincing evidence.

Case Briefs High Courts

Can a writ court entertain a petition seeking ordinary leave for prisoners if it is filed before the expiry of statutory period? Madras HC answers

“Failure in complying with the Tamil Nadu Suspension of Sentence Rules, 1982 regarding adherence of time limit contemplated is to be construed as lapse, dereliction of duty or negligence, as the case may be and appropriate disciplinary actions are to be initiated against the Officials, who all are responsible for such misconduct”

Case Briefs High Courts

Himachal Pradesh High Court dismisses application to reject Dr Abhishek Manu Singhvi’s petition challenging Rajya Sabha elections

Election petition discloses all material facts as are required to be disclosed in law. No material fact upon which the petitioner relies, be it positive or negative, has been concealed in the petition. Law does not obligate the petitioner to project respondent’s case in his petition.

Case Briefs High Courts

Compassionate Appointment | ‘Family’ defined as a matter of policy to exclude daughter-in-law; Courts can’t expand/constrict the statutory definition: Karnataka HC

Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.

Case Briefs High Courts

Delhi HC declares order by Players’ Status Committee of AIFF directing Anwar Ali, Delhi FC, and Emami EBFC to pay Rs. 12.9 crores, unenforceable

‘The right to a fair hearing encompasses not only the opportunity to be heard but also the right to know the reasons for any adverse decision.’

Case Briefs High Courts

Delhi High Court seeks review from Indian Air Force on why fit Female Pilot can’t fill unfilled male vacancies

The petitioner who is aspiring to join the Indian Air Force as a Pilot, having applied for the said post pursuant to the advertisement issued on 17-05-2023.