Case Briefs Archives

‘Police Officers cannot compel citizens or its employees to help them’; Bombay HC quashes FIR against officer who showed difficulty to provide employees as panch witness

“Even though every citizen is duty bound to help the police, that does not mean that refusal of the same shall be considered as an offence in all situations.”

High Courts inherent jurisdiction DV Act

Case Briefs Supreme Court

Supreme Court | High Courts can quash proceedings under Section 12 of DV Act pending before Magistrate

“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.

Case Briefs High Courts

Allahabad High Court grants interim relief to telecom towers; Stays property tax notices issued by Lucknow Municipal Corporation

The outcome of the case will be important and have far reaching effects greatly impacting revenue collection of Municipal Bodies from Telecom Infrastructure Companies. Legally important questions of law including the power to tax Telecommunications Equipment (which falls under Entry 31 the Union List) shall be examined.

Case Briefs Supreme Court

Unregistered document affecting immovable property can be an admissible evidence of contract in a suit for specific performance: Supreme Court

In S. Kaladevi v. V.R. Somasundaram, (2010) 5 SCC 401, the Supreme Court had held that an unregistered document may be received as evidence of a contract in a suit seeking specific performance.

Case Briefs High Courts

‘No justifiable cause for levelling scandalous and contemptuous allegations’; Punjab and Haryana HC warns against intemperate remarks, contemptuous language

“Not only has the petitioner failed to indicate how he has been victimized in the matter at hand, he has also made scandalous remarks concerning the integrity of the justice dispensation mechanism.”

Case Briefs High Courts

‘Blatant disregard of law, desperation to avoid payment’; Telangana HC imposes Rs 5 Lakhs cost on HMDA for filing vexatious pleas to avoid Rs. 179 Cr award

“We find the conduct of HMDA not only to be in blatant disregard of the law but also evincing desperation to avoid the processes of law by pushing back their obligation to make payment to CEL by filing one vexatious proceeding after another.”

Case Briefs High Courts

‘Offence under S.272-C(2) of Income Tax Act is bailable’; Bombay HC quashes non-bailable warrant against Arjun Rampal in tax evasion case

The Court opined that no reasons are recorded for the order dated 9-4-2025, and thus it is a cryptic order which lacks application of mind.

Case Briefs Supreme Court

SC grants anticipatory bail to former IAS Probationer Puja Khedkar for allegedly misrepresenting information in UPSC 2022 exam

“Any violation of the conditions, then liberty is reserved to the respondent to seek cancellation of anticipatory bail.”

Case Briefs High Courts

Andhra Pradesh High Court upholds acquittal in Section 138 NI Act Case as no legally enforceable debt found on loan of ₹3 lakhs

The dispute arose from a ₹3 lakh loan allegedly given by the complainant to the accused. The cheque issued for repayment bounced due to insufficient funds.

Case Briefs High Courts

Bombay HC dismisses L&T’s plea against MMRDA’s bid process in Rs 6000 crore Elevated Road Project; discontinues interim stay on opening of financial bids

The Court stated that it is not open to L&T Ltd. to interpret the tender conditions in a manner which is contrary to MMRDA’s interpretation.

Case Briefs High Courts

Section 377 of IPC cannot be applied to criminalise marital sex: Delhi High Court

The Court stated that the charge under Section 377 of IPC could not have been framed against the husband. A ‘consensual’ oral or anal intercourse between any two adults, in private, is not a criminal offence punishable under Section 377 of IPC.

Case Briefs Supreme Court

Supreme Court upholds Gauhati HC order directing Nagaland to ensure salary parity for RMSA teachers

The Court also vacated the previously granted interim order.

Case Briefs High Courts

‘For every mishap or death during treatment, Doctor cannot be punished’; Kerala HC quashes medical negligence case

The Court clarified that only in cases involving a gross lack of competence, inaction, or a wanton disregard for the patient’s safety, stemming from gross ignorance or gross negligence, can a doctor be made to face criminal charges.

Case Briefs High Courts

OYO v Zostel | Delhi High Court sets aside Arbitral Award citing public policy violation and non-adjudication of core claims on unenforceable Term Sheet

The core dispute between OYO and Zostel arose from a Term Sheet dated 26-11-2015, which proposed OYO’s acquisition of Zostel’s business. While Zostel claimed to have fulfilled its obligations and sought specific performance, OYO argued the Term Sheet was non-binding and lacked enforceable terms.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Neglect and encroachment of historical water body in Narela: NGT issues notice to authorities

The NGT acknowledged that “the OA raises substantial issue relating to compliance of environmental norms.”

Case Briefs High Courts

Bona fide belief plus genuineness of transaction constitutes reasonable cause under S. 273B, Penalty can’t be imposed under S. 271E of Income Tax Act: Chhattisgarh HC

“Since the assessee has shown the reasonable cause within the meaning of Section 273B of the Act, the assessee is not liable to pay penalty under Section 271E of the Act for non-compliance of Section 269T of the Act.”

Case Briefs High Courts

Allahabad High Court upholds appointment of Aligarh Muslim University’s first woman vice-chancellor Naima Khatoon

“In the history of the University for well over a century no women has ever been appointed as Vice-chancellor. Appointment of woman as Vice-Chancellor of a premier institution of higher learning sends a message that the constitutional objective of advancement of cause of women is being promoted.”

Case Briefs High Courts

‘NEHA’ a common Indian name lacking distinctiveness for exclusive use: Delhi HC dismisses trade mark suit

“Mere use of a mark, even if continued over a period, is not by itself sufficient to establish enforceable rights under trade mark law. It must be shown that the mark, through its use in trade, has acquired a distinct association in the minds of the relevant consumer base with the claimant’s goods.”

Case Briefs High Courts

‘Attempt to thwart decrees passed by the Court following due process is an abuse of process of law’; Bombay HC imposes Rs 1 lakh cost

The order dated 16-4-2021 passed by the NCLT, Mumbai indicated that the prohibition during CIRP is with respect to institution and continuation of suits only against Prince SWR System (P) Ltd and not against the Company’s director, i.e., the applicant.

Case Briefs High Courts

Punjab and Haryana HC rejects PIL seeking declaration of Pahalgam terror attack victims as martyrs

The Court held that the issue of declaration of a particular place as a Memorial, or naming it differently, or the declaration of deceased persons as Martyr/ Shaheed was within the exclusive domain of policy decision of the State.