Case Briefs Archives

Eviction suits exclusive to Rent Controller

Jharkhand HC: Eviction Suits Under Rent Act Fall Exclusively Within Rent Controller’s Jurisdiction; Commercial Courts Have No Role

The Court held that eviction proceedings under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 lie exclusively within the jurisdiction of the Rent Controller/Sub-Divisional Officer and that the Commercial Courts Act, 2015 does not apply even where the property is used for trade or commerce.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder Received Home Loan Amount, Defaulted on Repayment, Yet SBI Proceeded Against Homebuyers: Rajasthan RERA Steps In and Restrains Coercive Recovery

The authority restrained the respondents from carrying on or continuing any action detrimental to the complainants’ interests in respect of the 2 flats and directed SBI not to take any coercive action against the complainants for recovery of the amount.

Refund of unutilized accumulated CENVAT Credit

Case Briefs Tribunals/Commissions/Regulatory Bodies

Investment advisory services to overseas entity/recipient to be considered as “export of service”: CESTAT Mumbai allows unutilised CENVAT credit refund

“The appellant had exported the services to the overseas entity/recipient, such service should be considered as ‘export of service’ and the resultant benefit of refund of the accumulated CENVAT Credit available in the books of account should be available to the appellants.”

Electrocution compensation strict liability minimum wages

Case Briefs High Courts

Woman Electrocuted, Neighbour Dies Trying to Help: Rajasthan HC Holds RSEB Strictly Liable for Double Electrocution Deaths; Enhances Compensation

Applying the principle of strict liability, the appellants were held to be liable for compensation for the death caused by electrocution by live electric wire as liability can arise even without proof of negligence if the escape or transmission of a dangerous substance, such as electricity, causes harm and the Court enhanced the compensation holding that in the absence of proof of income, the loss of earning should be determined on the basis of minimum wages.

Case Briefs High Courts

Silence Is Not Institutional Prudence, It Is Statutory Delinquency: Karnataka HC Refuses to Quash FIR Against School Authorities Who Suppressed Child Sexual Abuse Complaint

“The statutory mandate under Section 21, POCSO Act admits of no dilution, no hesitation, and no delay. The duty to report an offence against a child is not a matter of institutional discretion but an imperative cast by the statute, the breach of which itself constitutes a distinct offence.”

Case Briefs Foreign Courts

Buying Finished Gold Bars from Russian Nationals Is “Procuring Geological Materials” Under US Sanctions Law: DC Circuit Upholds OFAC Sanctions on Diegelmann Traders

The dispute arose from Office of Foreign Assets Control (OFAC) sanctions imposed on German nationals engaged in the precious-metals trade for their alleged involvement with Russia-based metals companies. The appeal presented questions regarding the interpretation of the Russia metals and mining sanctions regime and the evidentiary basis for OFAC’s determination.

Case Briefs High Courts

Delhi High Court Upholds DHJS Exam 2026 Eligibility Criteria; Rejects Age Relaxation Claim Due to Non-Conduct of Examination in 2025

The Court stated that since all anticipated vacancies up to 1 December 2025 had already been included in the earlier recruitment process, the respondents were under no obligation to conduct a separate examination in 2025.

Case Briefs High Courts

“Practitioner without knowledge is a quack”: Allahabad HC denies relief to homeopathic doctor whose clinic was sealed for practicing allopathy

The Court noted that the doctor’s clinic was admittedly not registered with the Chief Medical Officer’s office, which is a sine qua non for practicing modern medicine and treating patients.

Case Briefs Supreme Court

Supreme Court imposes ₹3 lakh costs on Samay Raina and other comedians over alleged brazen violation of undertakings

Supreme Court imposed ₹3 lakh costs each on Samay Raina, Vipul Goyal and others for alleged brazen violation of undertakings and directed them to file compliance affidavits within 15 days.

Case Briefs High Courts

Bombay HC Awards ₹10,000 Compensation for Invasion of Privacy and Dignity After Police Entered Woman’s Bedroom Without Woman Constable; Tells State to Recover from Officers

Police entered a woman’s bedroom without a woman constable, seized her mobile phone without a seizure panchnama, and recorded no grounds in the case diary. Bombay HC holds both the search under Section 185 and the seizure under Section 105 of the BNSS violated mandatory procedure and Article 21 of the Constitution.

disputed property title affidavit evidence Calcutta HC conveyance deed

Case Briefs High Courts

Disputed Property Rights Cannot Be Decided on Affidavits: Calcutta HC Declines Conveyance Over Absence of Clear Title

The Court found serious doubts regarding the validity of the transfer and authenticity of payment records based on the applicant’s dual role as attorney and purchaser. The Court held that such disputed questions required a civil trial and not adjudication on affidavits. Hence, it dismissed the application, refusing to direct execution of the conveyance deed.

Article 227 challenge to Section 16 application

Case Briefs Supreme Court

Article 227 cannot be invoked to challenge Arbitral Tribunal’s rejection of Section 16 application; Remedy lies under Section 34 after final award: Supreme Court

Reiterating the legislative policy of minimal judicial interference in arbitral proceedings, the Court observed that interference under Article 227 is warranted only in rare cases involving a patent lack of inherent jurisdiction that is apparent on the face of the record

NSE public servant under Prevention of Corruption Act

Case Briefs High Courts

NSE Discharges Public Duty; Whether Its MD Is a ‘Public Servant’ Under Prevention of Corruption Act Must Be Decided at Trial: Delhi HC

Delhi High Court observes that NSE is a recognised stock exchange performing vital public functions, not an ordinary commercial venture. But whether its MD & CEO, by virtue of that office, qualifies as a “public servant” under Section 2(c)(viii) of the Prevention of Corruption Act is a mixed question of fact and law that must be determined on evidence at trial.

Case Briefs District Court

2020 Delhi Riots Case | Delhi Court Restores Umar Khalid’s Two Weekly E-Mulakats with Family

Umar Khalid has been in judicial custody since 2020 and was allowed two e-mulakats a week for six years without violating any prison rule, before the jail reduced it to one in May 2026.

MP HC District Judges security housing Justice Tabassum Khan threats

Case Briefs High Courts

Ensuring judicial safety is the prime duty of State: Madhya Pradesh HC seeks detailed plan of official District Judges housing following threats faced by Judge for passing an order

Noting that many Judges lacked official accommodations, the Court stated that the first security measure was to ensure proper housing facilities for District Judges, as living in residential areas exposes them to the public at large.

Section 22 Hindu Succession Act Agricultural Property

Case Briefs Supreme Court

Preferential Right of Class I Heirs under Section 22, Hindu Succession Act Extends to Agricultural Property: Supreme Court

Justice N. Kotiswar Singh, concurring with Justice Sanjay Karol, stated that “the right of pre-emption as conferred under Section 22 of the HSA is, in its pith and substance, an incident of succession and nothing more”.

Case Briefs Foreign Courts

Does Ratification of New York Convention Amount to Waiver of Sovereign Immunity? UK Court of Appeal Clarifies in Devas Award Enforcement Dispute

The present appeal concerned the interplay between the enforcement obligations under the New York Convention and the doctrine of sovereign immunity. The Court of Appeal examined whether a Contracting State, by ratifying the Convention, submits to the jurisdiction of English courts in enforcement proceedings and held that Article III preserves, rather than waives, State immunity.

Case Briefs Supreme Court

A No-Interest Clause is Enforceable, but Delay in Refund Attracts Interest; SC reiterates Courts Can’t Rewrite Clear Commercial Contract Terms

“Once the parties with their eyes open without any protest whatsoever and with free will accept certain terms of a contract they cannot afterwards be permitted to go back on the same merely because at a later point of time the stipulation proves to be onerous.”

Kerala HC councillor oath inside prison KAAPA preventive detention

Case Briefs High Courts

People’s mandate cannot be defeated by procedure: Kerala HC allows Councillor to take oath from prison

Kerala HC stated that the duty of the Court is to uphold the democracy and ensure that the democratic procedures are strictly followed. However, in extraordinary situation, Court must take extraordinary decision to protect the democratic principles and people’s mandate.

Territorial jurisdiction in passport date of birth correction

Case Briefs High Courts

MEA Is in Delhi, but the Entire Cause of Action Is in UP: Delhi HC Dismisses Passport DOB Correction Writ for Lack of Jurisdiction

Delhi High Court dismissed a passport DOB correction plea, holding that territorial jurisdiction under Article 226 depends on where the cause of action arises, not the location of the MEA.