Case Briefs Archives

Courts must go beyond literal/grammatical reading of NDPS Act to decipher its true scope: Punjab and Haryana HC grants bail to NDPS accused

“The interpretative endeavor must be a dynamic and teleological one, ensuring that the NDPS Act remains an efficacious instrument in combating the pervasive menace of drug abuse, rather than being rendered sterile by a rigid textual analysis.”

Case Briefs High Courts

‘Simplicity no bar to patentability of an invention’; Delhi HC remands Vertical Rotary Parking System application to Controller for de novo consideration

“Refusal to allow the amendment to the specifications, which was sought to provide clarification regarding the technical advancements of the subject invention over the newly cited prior art, amounts to a clear violation of the Principles of Natural Justice”

Case Briefs High Courts

Husband’s friend not a ‘relative’ under Section 498-A IPC: Bombay High Court

The husband’s friend tried to convince him that if his demands are not fulfilled then he shall not cohabit with his wife and shall send her to her paternal home.

Case Briefs High Courts

Mere participation in PFI meetings or physical karate training does not amount to terrorist act: Bombay HC grants bail to UAPA accused

The Court observed that even though weapons are recovered from one of the accused, it is not the prosecution’s case that those weapons were used for any terrorist activity and/or toppling the Government.

Case Briefs Supreme Court

Employees can claim compensation under Employment Compensation Act in cases of accidents during work commute: Supreme Court

Where statutes in pari materia serve a common object in absence of any provision indicating to the contrary, it is permissible for a court of law to ascertain the meaning of the provision in the enactment by comparing its language with the other enactment relating to the same subject matter.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI hits Trader with Rs 10 lakh penalty for insider trading in HDFC-HDFC Bank merger

“If the Unpublished Price Sensitive Information had not been disclosed on the day the prices moved up phenomenally, the Noticee would have undoubtedly lost the premium it paid for the purchase of call options in the scrips of HDFC Ltd. and HDFC Bank Ltd.”

Case Briefs High Courts

‘Mere recovery without mental intent not conscious possession’; Telangana HC discharges man carrying 380 live ammunition to use as neck chain

“The essential requirement to constitute an offence under the Arms Act is the existence of mens rea, i.e., knowledge of such possession or control over the firearm or ammunition, even in the absence of actual physical possession.”

Case Briefs High Courts

Motor vehicle accident| Driving without license not sole ground for contributory negligence: Karnataka High Court

The Court observed that the amputation of left leg above knee was due to the injuries sustained during the accident and awarded compensation for loss of future earnings.

Case Briefs High Courts

‘Armed forces cannot retain indisciplined member’: Punjab and Haryana HC upholds dismissal of constable for absence beyond leave period

The petitioner went on a week’s leave and did not join duty after completion of the same. It was noticed that he remained absent on 42 occasions during his short service of 12 years. Consequently, he got suspended.

Case Briefs High Courts

‘Need to strike a balance between animal and human rights’; Kerala HC defers Govt. Order allowing euthanasia of stray dogs

“While animal rights are necessary and must be respected, they cannot trump the fundamental rights of human beings. However, a balance must be struck for co-existence.”

CIC policy prescription ultra vires RTI Act

Case Briefs High Courts

‘CIC cannot express policy prescriptions under RTI Act’; Delhi HC quashes CIC’s order directing HPCL to furnish guidelines for empanelment of advocates

“The only question before CIC was whether ‘information’, as defined in Section 2(f) of the RTI Act has been denied mala fide, or incorrect, incomplete or misleading information has been knowingly furnished. The impugned order instead expresses policy prescriptions, which are beyond the remit of CIC.”

Case Briefs Supreme Court

Creditor’s name not essential in balance sheet for acknowledgment of debt to extend limitation period; Supreme sets aside NCLAT Order; Allows IFIN’s plea

The judgment reaffirmed the principle that entries in a corporate debtor’s balance sheet can constitute an acknowledgment of liability under Section 18 of the Limitation Act, provided they indicate a subsisting jural relationship between the parties, even if the financial creditor is not named explicitly. The Court emphasised that such entries must be interpreted liberally and in context, considering the overall tenor of the balance sheet and the surrounding circumstances.

Case Briefs High Courts

Allegation of impotency against husband in a matrimonial dispute not defamation: Bombay High Court

In the present case, allegations are by way of written words before the police and before the judicial authorities, thus, such imputation will amount to defamation when the case does not fall within either of the ten exceptions to Section 499.

civil suit cannot nullify arbitral award

Case Briefs High Courts

‘Civil suit cannot be filed to declare arbitral award a nullity’; Delhi HC rejects suit challenging award on grounds of fraud in coal supply agreement

“Arbitration, chosen by consent, cannot be overridden by post-facto civil suits on allegedly rediscovered facts otherwise arbitration will turn into a never-ending cycle of challenges.”

denied job despite acquittal in criminal case

Case Briefs High Courts

‘Classic case of misuse of power’; P&H HC imposes Rs 50,000 cost on State for denying job to candidate already acquitted in criminal case

“This is the third round of litigation. The officers dealing with the matter despite repeated orders of this Court have shown a reprehensible attitude just to stick to their opinion. It shows that they have scant regard for the orders of Constitutional Courts.”

TSRTC colour blind employee redeployment

Case Briefs Supreme Court

‘Employer’s discretion ends where employee’s dignity begins’; Supreme Court directs TSRTC to redeploy colour-blind employee

Stating that TSRTC’s omission to consider redeployment violates both statutory and constitutional obligations, the Court directed that the colour-blind employee be appointed to a suitable post, consistent with his condition.

Case Briefs High Courts

Madhya Pradesh High Court directs action against private vehicles with illegal flashing lights, sirens and number plates

The Court directed the Regional Transport Officer and Deputy Commissioner of Police (Traffic) to immediately act against those vehicles who were violating the notice/circular dated 01-03-2025.

Case Briefs High Courts

NEET (UG) 2025 | Delhi HC directs NTA to form grievance redressal committee for candidates who lost exam time due to no fault of their own

“The examination pattern indubitably provides 180 compulsory questions which need to be attempted by a candidate in 180 minutes (3 hours). This gives an average time of one minute for each question creating a time sensitive situation for the candidates where every second counts. In these circumstances, loss of 3 minutes 32 seconds cannot be said to be insignificant.”

Case Briefs High Courts

Bhopal Gas Tragedy | Madhya Pradesh HC directs state to urgently examine issue of shifting containment site away from habitation

The Court noted that undisputedly, the residue from the incineration process was also toxic and needed to be contained for almost 30-40 years.

Mere allegations of workplace harassment not offence

Case Briefs High Courts

Calcutta High Court: Vague allegations of workplace harassment by merely using words “harassed” or “abused” insufficient to constitute offence under Section 509 IPC

“Mere using the words “harassed” or “abused”, in the overall conspectus of the case, does not demonstrate the requisite intention or knowledge which can lead to the conclusion that any alleged act of the petitioner constitutes an insult to the complainant’s modesty.”