Case Briefs Archives

‘Equating disability with inefficiency is terribly apathetic’; P&H HC orders Department to grant pensionary benefits accrued to deceased husband

An arbitrary review of a predecessor’s order is impermissible in law if the same is not void or contrary to the statutory provisions.

Case Briefs High Courts

Removal of Panchayat Administrators without giving them an opportunity of being heard is arbitrary: Rajasthan High Court

“In the name and interest of delimitation, the Government cannot postpone the entire election process of the Panchayati Raj Institutions indefinitely, contrary to the mandate contained under Article 243-E of the Constitution.”

Compulsory Retirement Senior Civil Judge

Case Briefs High Courts

Karnataka High Court upholds compulsory retirement of Senior Civil Judge for threatening police officer with dire consequences

The Senior Civil Judge had allegedly threatened a police officer over a phone call in a complaint case filed against his sister.

Case Briefs Supreme Court

Supreme Court remands BJP MLA Tankadhar Tripathy’s election case to Orissa HC; Directs scrutiny of defects in Form 25 affidavit

This matter pertains to the degree of ‘substantial compliance’ with the prescribed Form 25 affidavit, as encapsulated in the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 read with Rule 94-A of the Conduct of Elections Rules, 1961.

Case Briefs High Courts

“Such lapse imperils public trust in govt. medical institutions”: Chhattisgarh HC seeks DM’s response on security guard administering injection to patient at District Hospital

“The spectacle of a security guard administering an injection in place of a trained nurse is not only a clear breach of medical ethics and professional standards, but also a stark reflection of systemic failure in ensuring accountability and adherence to established protocols of patient care.”

Case Briefs High Courts

‘When a child dies, dreams may die too’: Andhra Pradesh HC modifies compensation to parents in railway accident case; directs interest from date of application

“The Tribunal ought to have considered that the children hold significant symbolic importance for parents in terms of their generativity and hope for the future. Such a loss severely threatens the parents’ role as caregivers, protectors, and mentors.”

Insulting and humiliating during financial vulnerability

Case Briefs High Courts

Insulting and humiliating spouse during time of financial vulnerability amounts to mental cruelty: Chhattisgarh HC

“Her behaviour, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrated a pattern of mental harassment and disregard for the matrimonial bond.”

Case Briefs High Courts

Bombay High Court refuses relief in PIL challenging allotment of land by MIDC at concessional rates & without following tender process

“In the present case, there is no challenge to Land Disposal Regulations, which empower Maharashtra Industrial Development Corporation (MIDC) to make allotments by entertaining private applications.”

Case Briefs High Courts

Understanding Section 19 of Prevention of Corruption Act: Kerala HC explains ‘competent authority’ for grant of previous sanction

“Merely because the power of appointment and removal was delegated to the Administrator, he could not be held as the competent authority to remove the accused, who was appointed prior to the delegation by the President”

Case Briefs Supreme Court

Inside Supreme Court decision to cancel bail granted to actor Darshan & other accused persons in Renukaswamy murder case

“Article 14 of the Constitution guarantees equality before the law and prohibits arbitrariness. It mandates that all persons — regardless of their popularity, power, or privilege — are equally subject to the law”.

Case Briefs High Courts

“Misuse of Public office a gruesome crime”; Rajasthan High Court refuses to withdraw case against BJP MLA for fabricating Class X marksheet

“Such matters of a gruesome crime involving misuse of public office and public money do not warrant withdrawal of prosecution merely on the ground of good public image of an accused or that he is elected Member of Legislative Assembly.”

Case Briefs High Courts

Delhi High Court grants dynamic John Doe injunction in favour of ‘Ghar Soaps’; Directs e-commerce sites to block infringing listings

“It is clear that whilst selling counterfeit products, these listings display marks/trademarks that are deceptively similar to the Plaintiff’s marks, thereby infringing the Plaintiff’s trade marks and constituting an act of passing off as well.

Case Briefs High Courts

Chhattisgarh HC directs State to pay Rs 25,000 to each student who ate dog licked mid-day meal at Govt. School

The Court stated that though three doses of anti-rabies vaccine had been administered to the school children, there was negligence on the part of the State.

Case Briefs High Courts

‘Case that redefines phrase “for the love of dogs”’: Delhi HC quashes FIRs in dog walking dispute between neighbours; directs to pay Rs. 10,000 to dog shelter

“Not quashing the criminal proceedings would rather rekindle hostility, whereas quashing the same would promote cordiality and bonhomie between the neighbours.”

Case Briefs High Courts

“No law prevents her from living with married man”: Madhya Pradesh HC grants relief to adult woman who eloped with a married man

“She cannot be treated like Chasser. She has a mind of her own and the right to make a decision, whether right or wrong, with regard to the person with whom she wants to live.”

bail to Income Tax Officer in bribery case

Case Briefs High Courts

Bail plea filed directly before High Court can be entertained in exceptional circumstances’: P&H HC grants bail to Income Tax Officer in bribery case

The nuanced contours of exceptional circumstances are inextricably woven into singular factual matrix of each case, upon the Court’s discretion, and there may be multitude of factors resulting an accused to file, maintain and pursue his regular plea before the High Court straightaway.

Case Briefs High Courts

“Shocking state of unbridled and unapologetic corruption”: Madhya Pradesh HC directs FIR registration against MLA Arif Masood for forging College documents

“Prima facie, it appears that Arif was a blue-eyed boy of the dispensation that existed before 2024. The party in power in the State has been the same for more than two decades. However, the captain of the ship changed in the year 2023, when the woes of the College commenced from 2024.”

Case Briefs High Courts

Punjab and Haryana High Court orders State to consider ex-CRPF’s plea for appointment in Ex-servicemen category

This Court cannot decide question of inclusion of retired officials of Paramilitary Forces (CRPF, BSF, CISF etc.) in the definition of Ex-Serviceman. It is a policy matter, and the State has to decide the issue.

2022 Magistrate First-Class appointment invalid

Case Briefs High Courts

Meghalaya HC declares appointment of 2022 Magistrate First-Class for District Council Court, Shillong invalid; Orders Creation of Supernumerary Post

“A post which is not in existence at the time of initiation of the selection process but likely to be created or come into existence during the selection process or at any time, thereafter, cannot be filled up by the advertised selection agenda.”

Case Briefs High Courts

Madras High Court refuses to quash Greater Chennai Corpn.’s Resolution for privatisation of sanitary work

The Court directed the State/Greater Chennai Corporation to negotiate with Delhi MSW Solutions Ltd. to ensure sanitary workers are paid their last drawn wages if they joined the Company.