Case Briefs Archives | Page 33 of 914

‘All disabled candidates eligible for scribe’; SC directs Union for effective implementation, setting up of grievance redressal portal and periodic sensitisation

“All the benefits given to PwBD candidates must also be extended to PwD candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time, etc., except for reservation, in writing the examinations.”

Case Briefs Supreme Court

Term ‘manufacture’ in S. 3 of Drugs and Cosmetics Act excludes dispensing and packing of drug in ordinary course of retail business: SC

‘Manufacture’ is an inclusive term and includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution.

Case Briefs High Courts

MP High Court imposes cost of ₹50,000/- on State for harassment; directs Chief Secretary to caution DMs against politically influenced decisions

The Court held that lodging an FIR does not equate to conviction as per the requirements of the M.P. Rajya Suraksha Adhiniyam, 1990.

Case Briefs Supreme Court

‘Sexual intercourse by a man with his wife not rape’; SC quashes FIR against husband accused of abducting and raping wife

The victim-wife and the accused-husband married each other as per Sikh rites and ceremonies against the wishes of her family. The wife accused the husband of rape and also alleged that the marriage was solemnised forcibly by the accused.

Case Briefs High Courts

‘Fully aware of the familial relationship’; Delhi High Court declines to quash Section 376 FIR, finds prima facie case

There was no compelling material or evidence placed on record to establish that the continuation of criminal proceedings in the present case amounts to an abuse of the process of law

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC prohibits LDA, Experion Developers to make any constructions for Chica Loca by Sunny Leone in Experion Capital, Vibhuti Khand

SCDRC sternly took note of illegal constructions and illegal encroachments done by the opposite parties, thereby hindering the privacy and security of Allahabad High Court (Lucknow Bench) premises and residents of Experion Capital.

Case Briefs High Courts

‘Right of child precedes parents’ guilt’; Orissa HC restores custody of infant girl with biological parents accused of abandoning her and kidnapping male child from hospital

“The inalienable rights of the infant child supersede all the attending adverse circumstances alleged against the biological parents of the baby. Notwithstanding the pendency of the criminal proceeding, the petitioners were entitled to claim custody of the infant being biological parents under the ‘tender years doctrine’.”

Case Briefs High Courts

‘‘Halba’ and ‘Halbi’ are different Scheduled Tribes’; Bombay HC directs Committee to issue validity certificate considering pre-constitutional documents

By the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the Schedule—IX is amended by deleting the original Entry at S.No.13 as ‘Halba or Halbi’ and inserting Entry at S.No.19 as ‘Halba, Halbi’ for the State of Maharashtra, pursuant to the States Reorganization Act, 1956.

Case Briefs Supreme Court

Transferee pendente lite not entitled to come on record as a matter of right; impleadment will depend on nature of suit: SC

“Merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented”.

Case Briefs High Courts

Chhattisgarh HC denies bail to accused offering High Court Clerk job; Directs for criminal proceedings against person falling for cash-for-job scam

“Despite repeated warnings people were indulging in such allurements and becoming easy targets for touts.”

Case Briefs High Courts

Meghalaya HC issues contempt notice to Don Bosco Technical School management for demolishing School building which was under consideration for ‘heritage building’

“Perplexed and shocked at the most daring act committed by the management of the St. Anthony’s Lower Primary School.”

Case Briefs High Courts

Delhi High Court denies bail to accused in fake anti-cancer drug racket and counterfeit Keytruda and Opdyta injections

An entire syndicate with established network and properly defined roles exists and operates at different levels, which, when taken into consideration in entirety, clearly indicates that the proceeds of crime are more than Rs. 1 Crore.

Case Briefs High Courts

Delhi HC directs DLSA to ensure appropriate mechanism to monitor appearance of legal aid counsels; consider establishing mechanism to report non-representation

“The present judgment is only an attempt to put in place a mechanism to address delays caused by the non-appearance of legal aid counsels and to prevent the dismissal of cases involving individuals who are already vulnerable and seeking justice.”

Case Briefs High Courts

‘Claim under S. 33-C(2) ID Act limited to pre-exiting right/benefit’; Gujarat HC upholds Labour Court’s rejection of workman’s claim

The Court stated that there was no award passed by the Labour Court directing the respondent to pay the benefits claimed by the petitioner.

Case Briefs Supreme Court

Pollution by Tanneries in Vellore District | SC issues Guidelines; directs State and polluters to compensate affected persons

While Polluters Pay Principle focuses on directly penalizing offenders; the Government Pay Principle emerges from this context, aiming to hold governments accountable for regulatory and enforcement lapses.

Case Briefs High Courts

‘Will cause interference in functions of elected body’; Allahabad HC stays order of Chairman, Bar Council of U.P. directing constitution of new Elders Committee

The impugned order dated 12-01-2025 was recalled with a direction to constitute a new Elders Committee and hold elections under the supervision of the Observers appointed by the Bar Council.

Case Briefs High Courts

Simply because application to refer parties to arbitration is rejected, right to file written statement cannot be forfeited on same date: Andhra Pradesh HC

The High Court held that the Trial Court ought to have passed separate order, in accordance with law, considering the provisions related to filing of the written statement and its forfeiture, also, keeping a view that the procedural law is handmaid of justice and the Court has the power to extend the time for filing of the written statement in the facts and circumstances of each and every case.

Case Briefs District Court

Rohini Court injuncts counterfeiter from infringing Ghadi’s packaging and tagline ‘Pahle Istemal Karen Fir Viswash Karen’

The Court held that the defendant had no real prospect of successfully defending their claim for tagline “Hamesha Istemaal Kare or Kapde Me Chamak Paaye”; and there was no other compelling reason as to why the Ghadi’s claim should not be disposed of before recording of oral evidence vide a summary judgment.

Case Briefs High Courts

Sarpanch resigning under Section 29 of Maharashtra Village Panchayats Act, 1959 entitled to withdraw the same during its verification in Panchayat meeting: Bombay HC

Once the resignation is withdrawn, there is nothing to be discussed in the Gram Panchayat meeting and the meeting qua the subject of resignation must be terminated immediately after desire for withdrawal for resignation is expressed.

Case Briefs High Courts

‘Distributor contractually obliged to maintain favourable reflection & protect goodwill’; Bombay HC injuncts distributor from damaging Wonderchef’s reputation

The Court granted injunction in favour of Wonderchef while bearing in mind that free speech cannot be lightly proscribed, and commercial speech formed a part of it.