Case Briefs Archives

Supreme Court explains impact of undue and unexplained delay on validity of arbitral awards

Supreme Court held that the undue delay and indecisive conduct of the Arbitrator, which culminated in a rudderless Award, were utterly shocking, as he completely lost sight of the fundamental purpose of the arbitration process.

law student derogatory remarks on judicial officer

Case Briefs High Courts

Delhi HC: No anticipatory bail to law student who harassed complainant, posted obscene content, and made derogatory posts against Judge and Police

“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”

Case Briefs Supreme Court

To Summon or not to Summon an Advocate? Inside important SC directions to guide Investigators & protect Client-Advocate privilege

“When a person cannot incriminate himself, he cannot be prejudiced or incriminated by the statement of his counsel, only on the basis of the professional communications he had with his counsel, in confidence”.

improper Interview Committee vitiates selection

Case Briefs High Courts

Bombay HC: Selection process vitiated by improper Interview Committee; Selective relief not permissible in tainted selection

“The Committee was required to assess the performance and personality of candidates through the experienced eyes of superior officers. Therefore, delegating such powers to subordinates amounted to rewriting Government Resolution dated 23-08-2011.”

Case Briefs High Courts

Alteration of Aadhaar information is a fundamental right; UIDAI duty bound to provide basic infrastructure for Aadhaar holders: Madras HC

“Once it is concluded that the statutory right set out in Section 31 of the Aadhaar Act would partake the character of a fundamental right, it becomes the duty of the Authority to put in place the requisite infrastructure and make available all facilities so that the right can be easily exercised.”

Unchallenged testimony not enough for cruelty claim

Case Briefs High Courts

‘Trial Court cannot grant divorce merely for wife’s absence’; Bombay HC sets aside ex parte divorce granted on Husband’s unchallenged testimony

“The only reason why the Trial Court found that the wife has treated the husband with cruelty is, that the testimony of the husband had gone unchallenged.”

Case Briefs High Courts

Kerala High Court dismisses plea to cancel ‘INDIA GATE’ trade mark; clarifies jurisdiction is with Delhi HC

“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”

Case Briefs High Courts

“Shocking state of affairs”: Madhya Pradesh HC takes suo motu cognizance of alleged illegal felling of 488 trees near Bhopal

The Court remarked that the news article displayed a shocking state of affairs wherein 488 trees were sought to be axed despite the NGT declining such an action and repeated orders by the Court.

Case Briefs High Courts

Balasore self-immolation case: Read why Orissa HC refused bail to FM College HOD and Principal, but granted conditional relief to two students

“Several laws have been enacted, and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, all such steps have gone in vain, and the society has collectively failed to save the life of a young girl.”

Case Briefs Supreme Court

‘High Courts are expected to keep their hands away when Supreme Court is seized of any judicial matter’: SC in Corbett Tiger Reserve case

During the course of suo motu action on illegal constructions and rampant felling of trees in the Corbett Tiger Reserve, the Supreme Court granted an order of sanction vis-a-vis an officer, who then went on to challenge it before Uttaranchal High Court and obtained a stay.

Case Briefs Supreme Court

‘Expecting insurer to pay third-party compensation beyond terms of agreement is unfair’: Supreme Court upholds pay and recover principle in motor accident claims

To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.

Case Briefs Supreme Court

Stick to enrollment fee limits or face contempt: SC directs BCI to issue written circulars to all State Bar Councils to ensure compliance with statutory limits

“We make it clear that in future if it is brought to our notice that any of the State Bar Council is charging beyond the statutory fee prescribed, we shall proceed to hold the responsible authority guilty of contempt. This aspect should also be highlighted by the Bar Council of India in the Circular we are asking them to issue.”

Case Briefs High Courts

“If husband has duty towards parents, he also has duty to empower wife”: Madhya Pradesh HC grants maintenance to Homeopathy doctor pursuing MD

“If the husband has a duty towards his parents, then he also has the duty to complete the course that would enhance the capability of the wife and to empower her. Equality in marital tie-up does not mean development of only one, and restrictions for the other, especially the wife.”

Case Briefs High Courts

Delhi High Court directs 1 Month custody for man who intimidated Local Commissioner during Court-Ordered Inspection

It is the case of contemnor that the alleged object was not a firearm, but a toy gun used to scare away stray animals and the said toy gun was lying on the office table prior to the inspection, which unintentionally got mixed with a pile of papers.

false allegations of illicit relationship

Case Briefs High Courts

‘False allegations cause mental agony, doom marriage’; MP HC grants divorce to husband over wife’s false claims of his illicit relationships

“We are aware that relationship between the parties had gone so bitter that neither of them was having any empathy for the other, but even this kind of relationship cannot be an excuse to make false allegations regarding the moral character of the other party.”

Case Briefs Supreme Court

‘Members of unlawful assembly vicariously liable once common object and participation are proved, regardless of individual acts’; SC upholds conviction of 3 in murder case

“The Trial Court overlooked the consistent and corroborated testimony of injured eyewitnesses and failed to appreciate the legal effect of the active participation of the appellants as members of an unlawful assembly. The High Court, in reversing the acquittal, has given cogent and well-reasoned findings based on a proper appraisal of the record.”

Jamia Teachers Association's dissolution

Case Briefs High Courts

Delhi High Court quashes Jamia Millia Islamia’s order dissolving Jamia Teachers Association

“The unilateral formulation and approval of a revised Constitution for Jamia Teachers Association, without consultation or consent of its members, undermines the autonomy of the Association and violates the right to self-governance inherent in Article 19(1)(c) of the Constitution.”

dismissal of CRPF constable for furnishing duplicate marksheet

Case Briefs High Courts

‘Even a minor or trivial looking lapse may endanger life’: Delhi HC upholds dismissal of CRPF Constable/Water Carrier for furnishing duplicate marksheet

“Any service especially Defense and Security Services, require a kind of trust between the employer and employee and it is all the more essential where the security of life, limbs and property of the citizens of the country are concerned.”

Case Briefs High Courts

Dismissal of SLP by Supreme Court with or without reasons, will not attract the Doctrine of Merger: J&K and Ladakh HC

“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.

Limitation begins when continuous breach of contract ceases

Case Briefs High Courts

‘When breach of contract is continuous, limitation runs from date of cessation of breach’; Kerala HC upholds dismissal of suit for damages

“The breach continued only during the period of the contract and not upon its expiry. The Court observed that the breach was continuous, but only during the subsistence of the contract. Once the contractual period fixed by the parties had expired, the breach could no longer be considered ongoing.”