Case Briefs Archives

Madras High Court: Law and order no ground for disobedience of judicial orders; Officials held accountable for ignoring directions in Thiruparankundram hill lamp case

“Law and order cannot be a ground for flouting a court’s order, as that would be inexcusable, amount to a breakdown of law and order, and ultimately lead to paralysis of the constitutional machinery.”

Case Briefs High Courts

“It was not committed at a place within public view”: Rajasthan High Court sets aside 1994’s conviction for caste abuse

“The incident is averred to have transpired within close precincts, specifically within the four corners of the walls of the shop premises. This description denotes a spatially confined and enclosed environment, shielded from casual public access and observation.”

Bail rejection police officials abduction

Case Briefs High Courts

Magistrate not bound by Investigating Officer’s opinion: Bombay High Court rejects bail application of police officials accused of abduction and extortion

“The Magistrate undeniably is vested with the powers to accept the charge sheet as it is or independently apply his mind to the facts emerging from the investigation and take cognizance of the case, as he deems fit.”

Case Briefs High Courts

Altruistic kidney donation can’t be stalled on mere apprehension of commercial transaction: Karnataka High Court

“Petitioner being a Doctor by profession, major in age, and knowing all the aspects relating to the donation of the kidney… thereto, her request has to be given due credence and accepted and put in action.”

temporary employee entitled to maternity benefits

Case Briefs High Courts

Temporary employment or technical break in Service not ground to deny maternity benefits: Bombay HC

“Every woman shall be entitled to maternity benefit at the rate of her average daily wage for the period of her actual absence, including the day of her delivery as well as the days immediately preceding and following her delivery.”

Bombay High shocked at unsafe childbirth

Case Briefs High Courts

“₹771 Crores spent, yet basic maternity healthcare missing in hilly and tribal Maharashtra”: Bombay High Court takes suo motu cognizance

“Government is bound to give good health facilities to the citizens and it should reach to every citizen.”

Case Briefs High Courts

‘Possibility of larger controversy cannot be ruled out’; Allahabad HC denies relief to MLA Chandrashekhar Azad in Saharanpur Violence Case

The Court stated that considering that Chandrashekhar is a sitting MLA and the alleged offences were allegedly committed by his party workers, the argument that there might be a larger conspiracy could not be ruled out.

Gifts received from parental home not source of income

Case Briefs High Courts

Gifts received from parental home, Stridhan not source of income to deny maintenance claim: Delhi High Court

“The claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage, and not on the financial status of her natal family.”

Case Briefs High Courts

Mere recovery of tainted money insufficient for conviction under PC Act: Bombay HC acquits officials of all charges

“Offences under the PC Act require strict proof of twin elements of demand and acceptance and mere recovery of tainted currency or existence of electronic recordings, without reliable proof of demand, is insufficient to convict unless accompanied by credible proof of demand.”

Case Briefs High Courts

Bombay High Court flags Article 21 violation due to pollution from Kanjurmarg dumping ground; directs urgent intervention

“It cannot be a situation that the right to life guaranteed under Article 21, is being violated by such pollution as generated from the said dumping ground.”

Case Briefs High Courts

Bombay High Court holds License fee on sky-signs and hoardings to be regulatory fee, not tax, despite GST

“The control and regulation of sky-signs and hoardings in the modern times is a significant challenge for the municipal bodies who are caught between a balance to be brought about by such high technological advancements.”

Case Briefs High Courts

Delhi High Court upholds EPF Contributions on Actual Wages for ‘International Workers’; Fixed-Term Expat Employment no ground for exemption

‘The classification between the Indian and foreign employee is based on the economic duress which is caused to the Indian employees, if they are mandated to contribute to the fund/scheme irrespective of quantum of salary they draw, which is absent in case of the foreign employees for the reason that they come to India for employment for shorter period of 2 to 5 years.”

visually impaired Forest Department employee

Case Briefs High Courts

‘Law must bend toward inclusion of specially-abled citizen’: Punjab and Haryana HC directs retrospective promotions of visually impaired Forest Department employee

“The measure of a compassionate State is not how it treats the strong, but how it uplifts those whom circumstance has made vulnerable.”

automatic Multi- State Cooperative Societies status

Case Briefs Supreme Court

Supreme Court: State Reorganisation does not confer Multi- State Cooperative Societies status automatically; S. 103 MSCS Act requires factual enquiry

“The Court emphasized that the legal consequences of State Reorganisation Acts cannot override the specific requirements of the MSCS Act. A cooperative society must demonstrate, through evidence, that its objects, membership, and area of operation genuinely extend across multiple States. Mere territorial changes due to bifurcation or reorganisation are insufficient.”

Case Briefs High Courts

‘Merely passing one-line order without reasoning is not proper’; Madhya Pradesh HC allows appeal against one-liner acquittal by Appellate Court

“It is not expected from a Judicial Officer of the Appellate Court to pass such a short, cryptic and non-speaking order without going into the merits of the case, discussing the evidence, and testing the reasoning given by the Trial Court.”

Case Briefs Supreme Court

Head office expenditure of non-resident, incurred outside India, even if exclusively for Indian branches, fall within S. 44-C of Income Tax Act: Supreme Court

Legislature has defined “head office expenditure” in clear and unambiguous terms to mean executive and general administration expenditure incurred by the assessee outside India, including, inter alia, travelling expenses, salaries, and other administrative costs.

Case Briefs High Courts

Divorced Muslim woman not entitled to maintenance under S. 125 CrPC without proof of Halala-compliant remarriage: Kerala High Court

“To raise the presumption of a valid marriage for Section 125 of CrPC based on cohabitation, the couple must be qualified to marry and not be within the prohibited degrees of marriage.”

Case Briefs High Courts

Investor Protected: Bombay High Court holds Depository liable for broker’s misuse of Power of Attorney in fraudulent share transfers

“This is not a one-off case of failure on the part of BRH as Depository Participant but involved 9493 of its clients having credit balance of securities in their demat accounts.”

Case Briefs Supreme Court

Separate Suit challenging auction sale by Transferee Pendente Lite not maintainable: Supreme Court

“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”

Case Briefs High Courts

Right to privacy of students protected: Orissa High Court directs inclusion of refusal clause in APAAR ID Scheme

“If it is intended to be a voluntary act, appropriate provisions clearly specifying such fact ought to have been incorporated in the form by providing option to the parents to refuse to submit their consent or to opt out of it entirely.”