Case Briefs Archives

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.

Case Briefs High Courts

Madras HC: Documentary Proof Enough, DNA Test Not Required for Mother to Donate Kidney to Son

The High Court noted that since documentary evidence clearly established the mother-son relationship, the Authorisation Committee’s refusal was arbitrary and unsustainable, and therefore directed immediate permission for transplantation without delay.

Case Briefs Supreme Court

No Error in Anjuman Ishaat-e-Taleem Trust Verdict: SC Upholds TET Requirement for In-Service Teachers; Extends Compliance Deadline to 31 August 2028

“The RTE Act is a child centric legislation and must be read so. Service of teachers cannot come at the cost of educational future of the children.”

Anticipatory Bail in Social Media Misinformation Case

Case Briefs High Courts

‘Too Soon to Rule Out Criminality’: Punjab & Haryana HC Rejects Madhu Kishwar’s Anticipatory Bail Plea in PM Modi Video Case

“Such posts can create disharmony, encourage separatist sentiments and put the unity and integrity at peril.”

Case Briefs Supreme Court

3 Months to Pronounce, 24 Hours to Upload: SC Issues Comprehensive Directions for Procedural Timelines for Judgment Pronouncement by High Courts

The Court emphasised that delay in pronouncing a reserved judgment violates the right to life under Article 21 as much as denial of the right to be heard.

Advocate prosecuted for professional act

Case Briefs High Courts

If Filing an Appeal Makes an Advocate a Conspirator, It Would Be the End of the Bar: Allahabad HC Quashes FIR Against Advocate in ₹ 10 Cr GST Evasion Case

The Allahabad High Court quashed the FIR holding that an advocate who files a statutory GST appeal for a client — even if the legal position taken on pre-deposit is wrong cannot be held a co-conspirator in the client’s alleged tax evasion.

Swami Vivekananda Scholarship Guidelines 2025

Case Briefs High Courts

Visa Delays, Expired Deadlines, State Inaction: Rajasthan HC Holds Scholarship Cannot Be Denied to Student Who Never Started His Studies

Holding that the interpretation of Swami Vivekanand Scholarship for Academic Excellence Yojana Guidelines 2025 has to be done in a manner to help the student to pursue his course and not to create hurdles, the Rajasthan High Court directed the State Government to immediately release the scholarship amount.

substitution of arbitrator abandoned arbitral proceedings Section 32

Case Briefs High Courts

Substitution of Arbitrator Denied After Proceedings are Abandoned For 9 Years: Bombay HC

Noting that nine years of complete inaction, with only vague references to settlement talks, constituted an implied abandonment terminating the proceedings under Section 32(2)(c), the Bombay High Court dismissed the application for substitution.

Magistrate power to modify bail conditions

Case Briefs High Courts

Magistrate Cannot Impose Foreign Travel Restriction Years After Grant of Bail by “Clarifying” Original Order: Delhi High Court

Delhi High Court while setting aside a foreign travel restriction imposed on the accused held that a Magistrate cannot alter bail conditions years after granting bail by calling it a clarification.

Delhi High Court patent priority date amendment

Case Briefs High Courts

“What Cannot be Done Directly Cannot be Done Indirectly”: Delhi HC Refuses Belated Amendment of Priority Date to Revive Deemed Withdrawn Patent Application

The Delhi High Court held that once a patent application is deemed withdrawn for failure to meet statutory timelines for national phase entry and filing Request for Examination, it cannot be revived through a belated amendment of priority date under Form 13

Case Briefs Supreme Court

Prosecutrix Cross-Examined 4 Times Over 5 Years, Defence Files 94 More Questions 4 Years Later: SC Says Section 311 CrPC Cannot Fill Defence Lacunae

The Court observed that witnesses, particularly victims of heinous offences and sensitive crimes, cannot be expected to repeatedly appear before courts to face cross-examination.

Acquittal in Section 138 NI Act reversed dishonour

Case Briefs District Court

Minor Discrepancy in Demand Notice Cannot Defeat Section 138 NI Act: Jabalpur Sessions Court Reverses Acquittal in Cheque Dishonour Case

“Acquittal in cheque dishonour case was set aside on the grounds that mere clerical discrepancies in the actual amount due and the amount mentioned in the demand notice under Section 138 proviso (b) NI Act do not negate the existence of a legally enforceable liability and mere denial is not enough to rebut the presumption under Section 139.”

Case Briefs District Court

Who Owns Your Digital Assets After a Person Dies? Gandhinagar Court Says Legal Heirs Do; Directs Apple to Hand Over the Data

“The right to privacy, being an inherently personal right, does not survive the death of the individual.”

Case Briefs High Courts

Explained | Why Allahabad High Court granted relief to Azim Premji in Wipro Labour Law Case

The Court reiterated that criminal liability cannot be fastened mechanically merely based on designation unless the statute specifically provides for vicarious liability or there exist specific allegations demonstrating an active role and responsibility of the accused in the commission of the alleged offence.

Case Briefs High Courts

Shutters Down, ‘Emergency Windows’ Open: Rajasthan HC Takes Suo Motu Cognizance of After-Hours Liquor Sales in Jodhpur; Issues Interim Directions

A detailed investigative report published in Rajasthan Patrika titled “शटर डाउन… ‘इमरजेंसी विंडो’ चालू: रात 8 बजें बाद भी धड़ल्ले से बिक रही शराब, supported by photographs, timestamps and field verification, indicated that despite statutory closing hours applicable to liquor vends, liquor sale allegedly continued openly after 8.00 p.m. through concealed openings, restricted access windows and partially shuttered premises at various locations within Jodhpur.