Case Briefs Archives

Married Daughter Fair Price Shop Allotment

Dependency, Not Marital Status, Governs Eligibility for Welfare Benefits; Married Daughter Cannot Be Excluded from Fair Price Shop Dependent Quota: Supreme Court

The Court attached significance to the fact that a married son remained part of the family irrespective of his marital status, whereas a married daughter was excluded merely because she was married.

GST provisional attachment bank accounts writ petition

Case Briefs High Courts

Karnataka HC Disposes of Writ Petition as Infructuous After DGGI Withdraws Provisional Attachment of Three Bank Accounts

Cheq Digital’s writ petition challenging DGGI’s provisional attachment of its bank accounts under Form GST DRC-22 was disposed of as infructuous after DGGI itself withdrew the attachment order during pendency, with ICICI Bank undertaking to implement the withdrawal forthwith.

Appeal against contempt notice not maintainable

Case Briefs High Courts

Delhi HC: Contempt Notice Order Not Appealable Under Order 43 Rule 1(r) CPC; 105 Days’ Delay Not Condoned

Delhi High Court dismissed an intra-court appeal against an order issuing contempt notice and deferring an Order 39 Rule 4 CPC plea, refusing to condone 105 days’ delay and holding the order not appealable.

Municipal Supply of Contaminated Drinking Water

Case Briefs Tribunals/Commissions/Regulatory Bodies

Discoloured, Foul-Smelling Water from Municipal Taps in Noida, Indore, Gandhinagar, Pune and Bengaluru: NGT Steps In, Directs Action on Worsening States

A resident of Greater Noida approached the NGT alleging sewage-contaminated drinking water across five cities. NGT has now directed MP and Gujarat authorities to take remedial measures within four weeks as conditions in those states deteriorate.

Case Briefs High Courts

Husband Used a Lok Adalat Settlement to Justify a Second Marriage — Allahabad HC Holds Lok Adalats Cannot Grant Divorce; Directs Judgment to Be Circulated Across UP

The Allahabad High Court declares Lok Adalats cannot assume the exclusive jurisdiction of Family Courts to grant divorce, criticises DLSA for mechanical and cryptic orders, and directs judgment to be circulated to all Lok Adalats and DLSAs across Uttar Pradesh.

Case Briefs High Courts

Is a Director an ‘Employer’ or ‘Employee’ Under the PoSH Act? Kerala HC Settles the Question for Institutions Governed by a General Body

Observing that although the Director was responsible for the overall management of IRTC, his powers remained subject to the control and supervision of the Executive Committee and the General Body, and noting that he was appointed by the Executive Committee, the Kerala High Court held that the appellant could only be treated as an employee of IRTC and not as its employer.

Case Briefs High Courts

Is ChatGPT an Intermediary or an Originator Under India’s IT Act? Inside Calcutta HC’s IndiaMart v OpenAI Ruling

Calcutta High Court held that ChatGPT’s generative qualities prima facie make it an originator rather than an intermediary, while acknowledging the question is ultimately “complicated and vexed” and can only be decided at trial with technical and expert evidence.

Case Briefs High Courts

Right to Be Forgotten Is a Facet of Article 21: In-Depth Analysis of Delhi HC’s Comprehensive Framework on De-Indexing, Masking and Informational Privacy in the Digital Age

In a 144-page ruling on 35+ petitions, Justice Sachin Datta held that the right to be forgotten is a constitutional right under Article 21, allowing acquitted persons, discharged accused, matrimonial dispute parties and sexual offence victims to seek de-indexing of judicial records from name-based search results globally, while declining relief for convicted persons, public figures, and cases involving ongoing public interest.

Section 156(3) CrPC court jurisdiction after investigation order

Case Briefs High Courts

Criminal Court Does Not Become Functus Officio After Ordering Investigation; Must Supervise, Monitor and Call for Progress Reports: Rajasthan High Court

The High Court further held that an unduly prolonged investigation without adequate justification entitles the accused to approach the High Court seeking quashing of the FIR, reiterating that investigations cannot continue endlessly at the cost of both complainant and accused.

Case Briefs High Courts

Does Running Over a Stray Dog Amount to Cruelty Under the Prevention of Cruelty to Animal Act, 1960? Calcutta High Court Answers

The High Court found no material demonstrating mens rea on the part of the petitioner, observing that the incident appeared to be an unfortunate road accident involving a stray animal. In the absence of evidence showing deliberate or knowing conduct, the allegations of intentional cruelty could not be sustained.

Case Briefs High Courts

Licensed Pharmaceutical Stock Recovered, Section 42 Under Scrutiny, 44 Witnesses Cited, Trial Yet to Begin After 2 Years: Delhi HC Grants Bail in NDPS Case

The Court found that the present matter is not one where wholly illicit pharmaceutical drug had been recovered from a person lacking lawful authority to possess them.

Case Briefs High Courts

Disability Pension to Army Personnel Cannot be Denied on Medical Opinion Unsupported by Adequate Reasons: Kerala High Court

Holding that where a disability pension claim is raised within 15 years of discharge the primary burden of proof rests on the Department and not the claimant, the Kerala High Court set aside the Armed Forces Tribunal’s rejection of a former soldier’s disability pension claim.

Case Briefs High Courts

“Father can’t discriminate between educational expenses of son and daughter”: MP HC enhances maintenance granted to government servant’s wife and daughter

The Court stated that if the husband was bearing substantial expenses for the technical education of the major son, the same could not be a ground to restrict reasonable maintenance and educational support to the minor daughter.

Case Briefs High Courts

Striking Down Transitory Provision Would Cause Cryonic Freeze in Labour Justice: Kerala HC Upholds Section 104(1-A) of Industrial Relations Code

The Kerala High Court upheld Section 104(1-A) of the Industrial Relations Code as a valid transitory provision, holding that allowing existing Labour Tribunals to continue until new bodies are constituted is neither manifestly arbitrary nor unconstitutional.

Case Briefs High Courts

Civil Courts can order police assistance to implement ad interim injunction under S. 151 CPC: Himachal Pradesh HC

The plaintiff had placed on record the necessary permissions and had established a prima facie entitlement to protection, balance of convenience and irreparable loss. Therefore, in case the ad interim injunction was not implemented in its letter and spirit, then the very purpose of passing such an order would be defeated.

Protection of Human Trafficking Survivors

Case Briefs Supreme Court

Rescued Is Not Enough; State Must Rehabilitate Every Human Trafficking Survivor: Supreme Court Comprehensive “Victim Protection Plan” Tells Exactly How

“Tackling human trafficking for CSE, with its hidden nature and multifarious forms, is indeed a very daunting task. However, there is recognition from all corners that it is an evil which needs urgent and consistent attention.”

Recovery of Back Wages for Rescued Child Labourers

Case Briefs High Courts

Three Girls Rescued in Child Labour Raid, Wages Computed but Not Paid, Employers Now Untraceable: Delhi HC Directs Immediate Recovery of Back Wages Two Years On

The Court directed the SDM to liaise with police authorities to trace the whereabouts of the employers and directed the Delhi police to “pro-actively investigate and take all necessary measures” for tracing them and facilitating recovery proceedings.

Case Briefs High Courts

No GST Notice or Assessment Against Non-Existent Entity Under Section 87, CGST Act; Liabilities to be Borne by Amalgamated Entity: Bombay High Court

The Court held that once a company ceases to exist pursuant to amalgamation, proceedings cannot be continued and an assessment order cannot be passed in its name.

Submission of Caste Certificate After Deadline

Case Briefs High Courts

DoPT Guidelines Permitting Later Submission of Caste Certificate Prevail Over Prescribed Cut-Off Date in Advertisement: Tripura High Court

The Court noted that DoPT guidelines allowed candidates claiming SC/ST/OBC reservation to be considered based on prima facie proof and to furnish the prescribed caste certificate within a reasonable time thereafter.

Section 6 And 8 POCSO Sexual Assault Minor Pregnancy Conviction

Case Briefs High Courts

Sexually Assaulted at 15, Delivered a Child at 16, Dropped Out of School: Meghalaya HC Upholds POCSO Conviction; Directs Benefits for Survivor and Her Child

Meghalaya High Court upholds the conviction under Sections 6 and 8, POCSO Act for 20 years of rigorous imprisonment and fine. The Court directed the DLSA and the DCPO, East Khasi Hills District to ensure that the benefits under POCSO, are made available to the survivor and her child at the earliest.