Case Briefs Archives | Page 2 of 914

‘High Court misapplied S. 319 CrPC by prioritising unproved defence documents over sworn testimony’; Supreme Court restores summoning order in abetment to suicide case

“If the allegations are true, telling a physically challenged man that he and his family should die, and doing so in the immediate aftermath of a grievous acid attack, is not banter. Sensitivity to the social context, where honour and shame weigh heavily, was called for. The offence, no doubt, will have to be established at the trial.”

Case Briefs High Courts

‘Attempt to misuse of judicial process to settle personal score’; Rajasthan High Court dismisses husband’s plea alleging wife’s plagiarism in research thesis

“Process of law should not be allowed to be misused by a litigant to satisfy his personal grudges and oblique considerations to settle personal scores.”

Case Briefs High Courts

‘College founded on Mahatma Gandhi’s teachings to treat their employees without any exploitation’; Bombay HC confirms appointment of teacher on probation for nearly 7 years

Clause 11.3 of the UGC Regulations, 2018 castes an obligation on the institution concerned to issue a confirmation order to the incumbent within 45 days of completion of the probation period after following the due process of verification of satisfactory performance.

Case Briefs High Courts

Read why Gujarat High Court rejected Narayan Sai’s furlough plea in Surat rape case

The Court noted that Narayan attempted to bribe government officials and had a poor conduct in jail due to which he was punished several times. Additionally, cases had been registered against his disciples for threatening or assaulting the witnesses.

Case Briefs High Courts

Delhi HC decrees suit between Reckitt Benckiser and social media influencer based on Joint Settlement Agreement in Dettol controversy case

In the present case, a social media influencer-Defendant 3, was the owner of Instagram handle “@hustlewithhritik”, and uploaded the reel titled “Never Use Dettol in your Skin” featuring the offending portion of the impugned podcast.

Case Briefs High Courts

‘Removal from service is shockingly disproportionate’; MP High Court directs reconsideration of punishment for proven misconduct

“The High Court can interfere with the order of punishment only in case of violation of the provisions of rules or principles of natural justice are proved.”

arbitration after full and final settlement

Case Briefs Supreme Court

Can a dispute raised by an insured be referred to arbitration after issuing full and final discharge voucher to the insurer? Supreme Court answers

“The doctrine of Kompetenz-Kompetenz is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement”

Case Briefs High Courts

Meghalaya High Court expands PIL on cremation facilities to address need for Christian cemeteries

The PIL was filed regarding the facilitation of the cremation of persons belonging to the Khasi, Jaintia and Hindu communities throughout the State.

Case Briefs High Courts

Andhra Pradesh High Court directs payment of pending dues to brother of deceased Government Teacher after 37-year legal battle

In the case at hand, despite a binding legal heir certificate and multiple court decrees, the petitioner was denied his sister’s death benefits for over three decades. The authorities relied on undocumented claims and misplaced service records to justify non-payment.

Case Briefs High Courts

Bombay HC directs taking down of videos allegedly defaming State’s Cabinet Minister Girish Dattatray Mahajan

Despite being served, Respondent 1 chose not to appear and justify the basis on which the statements and insinuations are made against the applicant.

Case Briefs High Courts

Gauhati HC issues practice directions for disclosure of details while filing compensation applications under Section 166 (1) MV Act

The Supreme Court had directed High Courts to frame rules of procedure or issue practice directions for ensuring that material details are disclosed while filing claim applications under Section 166(1) of the MV Act.

Case Briefs High Courts

‘Staying release would cause immense loss to all involved’; Bombay HC refuses to grant stay against web series ‘Gram Chikitsalaya’ due to copyright infringement allegations

“Substantial amount of money is spent by producers and those involved in such creative works, and staying the release of such films/web-series would cause immense loss to all those involved in it.”

Case Briefs High Courts

Plaint must be considered alongside its relied documents to determine whether it discloses cause of action: Delhi HC

“The phrase “does not disclose the cause of action” must be very narrowly construed. The rejection of plaint at the threshold entails very serious consequences. This power must be exercised only in exceptional circumstances and when the Court is sure that plaintiff does not have any arguable case at all.”

Case Briefs Supreme Court

Only valid and subsisting DSR can form basis for environmental clearance; draft DSR legally untenable: Supreme Court upholds NGT order

“The illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Therefore, absolute standards with tough policies, strict enforcement and quick accountability are compelling for effective regulatory control.”

Case Briefs High Courts

‘Error of judgment, not misconduct’; MP High Court set asides ADJ’s dismissal from service for being ‘shockingly disproportionate’

“The punishment of dismissal in the present case shocks the conscience of this court because the punishment is shockingly disproportionate.”

Case Briefs High Courts

Vandalisation of Dr. Ambedkar’s Statue | M.P. High Court directs police to continue investigation and file monthly reports

The Court noted that “the Superintendent of Police, Seoni is fully cognizant of the seriousness of the matter that has hurt sentiments of public.”

Case Briefs High Courts

‘Re-evaluation beyond specified period anathema to finalization of result’; Gujarat HC directs appointment of 2019 GPSC exam candidates illegally rejected after succeeding

“The re-evaluation of the marks beyond the specified period at the discretion of the GPSC at any stage will be an anathema to the finalization/conclusion of the result. The final merit list or the result will always remain in the state of flux putting the career of the candidates at peril if such an approach, is allowed to be adopted.”

Case Briefs High Courts

‘Transferring case to another State reflected mechanical approach’; Delhi HC directs registration of regular FIR instead of Zero FIR as offence occurred within jurisdiction

Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 154¹ of the CrPC.

Case Briefs High Courts

‘Termination of Film Assignment Agreements not justified’; Bombay HC rejects Goldmines Telefilms’ plea to restrain Viacom 18 from acting as assignees/licensees for its films

The defendants will prima facie be entitled to carry out such deletions, edits, and cuts to the films and this may lead to “multiple versions” but that cannot be said to be in breach of Clause 3.11 of the Film Assignment Agreement.

Case Briefs Supreme Court

Supreme Court quashes criminal charges against anti-human trafficking activists branded as criminals for raid to rescue bonded labourers and minor children from brick kiln

“When profile of the allegations emerging from the factual matrix of the case renders existence of mens rea patently absurd or inherently improbable, such prosecution is liable to be quashed as an abuse of process of law.”