Case Briefs Archives

Army disability pension for hypertension

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal grants disability pension to former army personnel suffering from primary hypertension

The applicant was enrolled in the Indian Army in 1985 in a fit state of health and mind, however, after 26 years of service he was diagnosed with primary hypertension @30% for life and was subsequently discharged.

Case Briefs Supreme Court

‘Economic offences stand on different footing, have wider ramifications’; SC upholds Bombay HC’s decision refusing to quash FIR under PC Act involving SBI employees

SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”

Case Briefs High Courts

Delhi High Court refuses to quash FIR against DU professor for derogatory tweet on ‘Shiva Ling’ found at Gyanvapi Mosque, Varanasi

The petitioner made a tweet via his Twitter handle and made a post on his Facebook account regarding the presence of the ‘Shiva Linga’ like structure found in the Gyanvapi Mosque in Varanasi, Uttar Pradesh which reads as “Yadi yeh Shiv Ling hai to Lagta hai shayad Shiv ji ka bhi khatna kar diya gaya tha”

Case Briefs Supreme Court

‘Party’s financial independence does not preclude maintenance, especially in cases where marriage subsisted for long’: SC grants Rs. 50 Lakhs alimony to wife in 21-yr-old matrimonial dispute

A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.

Case Briefs High Courts

‘State suffers fatal and serious injuries from attacks by animals and reptiles’; Kerala HC directs State and KELSA to propose measures for redressing victims’ grievances

“This matter requires serious and urgent consideration, in consultation with the stakeholders”

Case Briefs High Courts

UP Amendment to S. 16 of HAMA does not require registration of adoption deeds executed before 1-1-1977: Allahabad HC reaffirms

“The U.P. Amendment in Section 16 was made operative w.e.f. 01-01-1977, as such, according to the provisions under the Hindu Adoptions and Maintenance Act, 1956, there shall be presumption that adoption has been made in compliance of the provisions of the Act unless and until it is disproved.”

Case Briefs High Courts

Rajasthan High Court takes suo-motu cognizance of massive fire on Jaipur-Ajmer-Kishangarh-Bhankrota Highway

“Over the past years, many regions of the country are experiencing an increase of extremely large and severe fire. Such fires directly impacted lives, human health, safety, livelihood, etc.”

Case Briefs High Courts

BCI Rules do not allow women advocates to appear before Court with face coverings: J&K and Ladakh High Court

When the Court requested the advocate to remove her face cover, she asserted that a woman advocate can appear with her face covered and claimed the same as her fundamental right.

Case Briefs High Courts

‘Medical reimbursement cannot be denied for treatment in hospital unapproved by Insurer’; Kerala HC directs ESIC to reimburse medical expenses

“ESIC’s insistence on an emergency certificate to process the petitioner wife’s claim is untenable and hyper-technical”

Case Briefs High Courts

No bar on Public Trust to file application under Order I Rule 10 CPC for impleadment as necessary party in appeal: Rajasthan High Court

Section 29 bars suits or proceedings to enforce the rights of unregistered trusts but does not preclude impleadment in appeals concerning the registration itself.

Case Briefs High Courts

Bombay HC imposes Rs 1 Lakh cost on Lalit Modi for seeking indemnification from BCCI against ED’s penalty

“In matters of alleged indemnification of the petitioner in the context of penalties imposed upon Lalit Modi by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI.”

Case Briefs High Courts

Delhi High Court declines anticipatory bail to former IAS probationer Puja Khedkar

Puja Khedkar was alleged to have misrepresented information in her application for the UPSC Exam, 2022.

Case Briefs High Courts

Children should not be penalized because their father chose abandonment over divorce; Delhi High Court directs minor for fresh representation

It would be a travesty of justice if the petitioner were denied the benefit of circular merely on the ground that his mother does not have a decree of divorce or separation from a court of law.

Case Briefs Supreme Court

Supreme Court upholds conviction of man for murdering his wife; Rejects plea of alibi

The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjustment of revenue surplus prior to re-organisation from ARR of subsequent years post reorganisation not aligned with scheme of reforms under S.131 Electricity Act: APTEL

“As per transfer scheme issued under Section 131 of Electricity Act 2003, the Distribution companies cannot be treated as successors in the interest of the Bihar State Electricity Boards in respect of any surplus found in the books of BSEB relating to the period prior to re-organisation.”

Case Briefs High Courts

Telecommunication towers not ‘immovable property’ under Section 17(5)(d) of CGST Act; Delhi High Court quashes ₹5454 crore GST demand

The expression “plant and machinery” has been defined by the Explanation appearing in Section 17(5) of CGST Act to mean apparatus, equipment and machinery fixed to earth by foundation or structural support. However, it specifically excludes telecommunication towers from the ambit of the expression “plant and machinery”.

Case Briefs High Courts

Delhi High Court grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark

It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.

Case Briefs Supreme Court

Supreme Court calls for consistent approach in seeking and granting alimony regardless of spousal wealth; criticises trend of seeking alimony as means to equalise wealth

The wife claimed that her husband’s net worth is Rs 5000 crores, but the Court decided to grant permanent alimony of Rs. 12 crores noting that the wife in the instant case has sought equalisation of status not just with the husband but also with his ex-wife and opined that this cannot be an acceptable approach.

Case Briefs High Courts

Meghalaya HC directs State to acquire and hand over land to AAI for Shillong Airport expansion within 3 months

“The development of Shillong Airport is key to advancement of State in all respects.”

Case Briefs High Courts

‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case

“It is a well-accepted principle that bail is the rule and jail is the exception.”