Case Briefs Archives | Page 11 of 914

‘Pension is hard-earned benefit, can’t be withheld without authority of law as per Art. 300-A’; Chhattisgarh HC quashes pension recovery order passed against retd. public servant

“An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. It is a hard-earned benefit which accrues to an employee and is in the nature of “property”. This right to property cannot be taken away without the due process of law as per Article 300-A of the Constitution.”

Case Briefs High Courts

‘Prima facie prostitution rackets operating in entire State’; Punjab and Haryana HC directs State Government to frame guidelines/policy regulating spa, massage centres

“It is of dire significance for the State of Punjab to prevent the massage and spa centres from becoming havens of illegal activities and prostitution and also to prevent the exploitation of gullible women by owners/managers of these centres.”

Case Briefs High Courts

Calcutta High Court rejects plea for citizenship verification of election candidates ahead of 2026 West Bengal polls

The petitioner, by way of this PIL, sought a direction to the Election Commission of India to ensure complete citizenship verification of candidates contesting elections. It was alleged that foreign nationals were illegally acquiring Indian citizenship and participating in the electoral process. The issue was flagged as especially critical ahead of the 2026 West Bengal Legislative Assembly Elections.

Case Briefs Supreme Court

SC berates Allahabad HC’s callous approach in granting bail to persons accused of child trafficking; directs States to implement BIRD’s report

“If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law”.

Case Briefs Supreme Court

‘Eligibility criteria declared by fresh advertisement cannot be changed midway through recruitment process’; Supreme Court upholds reservation of DSP post for SC Sports (Women)

“Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed. This is because she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.”

Case Briefs High Courts

Delhi High Court allows Hauz Khas ‘Social’ to resume liquor sales; Excise Department’s ban quashed amid licensing delay

By virtue of the prescription contained in para 6(ii) of the Delhi Eating House, Registration Regulations, 2023, unless and until the petitioner’s renewal application is declined, the petitioner’s operations cannot be precluded for want of an Eating House Registration Certificate/license.

Case Briefs High Courts

Bombay High Court directs framing of policy to deal with dumping of seized vehicles on public roads

In Mumbai, open spaces are not available and is a major constraint, so, parking/dumping of seized vehicles cannot be resorted causing serious inconvenience to the public at large.

Case Briefs High Courts

[Karuvannur Bank Scam] Kerala High Court cautions police to ensure fair and unbiased investigation, free from political influence

“This court, therefore, hopes and trusts that the investigating officer will carry out the investigation in a proper and fair manner as expected from him being the officer of the police force.”

Case Briefs High Courts

‘Adult parents are entitled to live together, even without formal marriage’: Allahabad HC grants police protection to interfaith live-in couple amid threats

The couple also informed the Court that the police authorities were unwilling to register a FIR against the private respondents. They further stated that every time they approached the police station to lodge the FIR, they were subjected to humiliation and denied assistance.

Case Briefs High Courts

Nepal Student’s Death at KIIT | Orissa HC grants interim relief, stays NHRC proceedings

On 16-02-2025, the deceased victim was found dead in her room on the premises of KIIT.

Case Briefs High Courts

Read why MP High Court stayed proceeding under Section 307 IPC against BJP leader Akshay Kantilal Bam till next date of hearing

The Court directed the State to requisition and submit the case diary and relevant documents before the next date of hearing.

Case Briefs Supreme Court

Provisions of Order XII Rule 6 of CPC are enabling, discretionary and permissive: Supreme Court

The Court also affirmed interpretation of Rule 6 by Delhi High Court in ITDC Limited v. Chander Pal Sood, wherein the High Court had held that Rule 6 gives a wide discretion to the Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Necessary permissions were taken’; NGT dismisses plea against illegal tree cutting in Adani’s Chhattisgarh Coal mining project

National Green Tribunal directed for necessary plantation to maintain the ecology in the area.

Case Briefs Supreme Court

Constitutional scheme doesn’t grant any ‘pocket/absolute veto’ to the President & Governor in discharge of functions under Arts 200/201: SC

“Article 200 of the Constitution cannot be read in a manner which allows the Governor to not take action upon bills which are presented to him for assent and thereby delay and essentially roadblock the law-making machinery in the State”.

governor president power judicial review

Case Briefs Supreme Court

When can Governor & President’s exercise of powers under Arts. 200 and 201 respectively, come under Judicial Review? SC elucidates

The Court expressed hope and trust that the Governor and the Tamil Nadu Government would work in tandem and harmoniously keeping the interests and well-being of the people as their paramount consideration.

Case Briefs High Courts

Kerala High Court grants 15 days parole to businessman Mohammed Nisham, serving life sentence in security guard murder case

“Even those undergoing imprisonment must be allowed to breathe the air of freedom, albeit briefly, provided they have exhibited consistently good conduct during incarceration and demonstrated a genuine inclination towards reformation and reintegration”

Case Briefs High Courts

‘Amendment of charges post witness examination should not lead to de novo trial’; Allahabad HC upholds conviction of seven men in honour killing case

Allahabad High Court said that the deposition of the informant, recorded during his examination-in-chief and cross-examination prior to the amendment of charges, could not be discarded merely because of his subsequent statements made during the later examination-in-chief conducted after the inclusion of Sections 504 and 506 IPC.

Case Briefs Supreme Court

‘Allegations are not against IPS officer but against person impersonating as IPS officer’; SC sets aside HC’s order transferring investigation to CBI

The High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations. The “ifs” and “buts” without any definite conclusion are not sufficient to put an agency like CBI into motion.

Case Briefs High Courts

Madras High Court allows Indu Makkal Katchi members to garland Dr. B.R. Ambedkar statue on his 135th Birth Anniversary, subject to conditions

The petitioner was entitled to be granted permission as prayed for, as he had submitted an affidavit of undertaking, wherein he had agreed to abide by any conditions that might be imposed by the respondents, particularly the police, in connection with the event.

Case Briefs High Courts

Missing liquor stock case | MP High Court rejects Senior Advocate’s unconditional apology for ‘causing ruckus’ in Court

When the Court asked the Senior Advocate about the presence of respondent 5 in Court, instead of responding to the query, he created a ruckus in the Court by shouting at top of his voice, which is recorded in the live-streamed recording of the Court.