Case Briefs Archives

Can Internal Workplace Communications on WhatsApp Group Be Defamatory? Uganda HC Examines Qualified Privilege

Uganda High Court examined whether allegations circulated on a restricted Senior Management WhatsApp forum of the Uganda Revenue Authority were protected by qualified privilege, and whether publication of unverified allegations amounted to libel.

Case Briefs High Courts

Whether Employer’s Intentional Assault on Employee Constitutes “Accident” Arising Out of Employment Under Employees’ Compensation Act? Karnataka HC Answers

The instant matter revolves around the applicability of Section 3(1), Employees’ Compensation Act, 1923 for claiming the compensation arising out of an accident at the workplace.

Bhojshala Directions Jain Temple Objections

Case Briefs High Courts

MP HC Evaluates Preliminary Objections Raised On Maintainability of Petition; Directions Issued — Held, Bhojshala Not A Jain Temple

“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”

Just Compensation When Conventional Head Is Omitted

Case Briefs Supreme Court

Courts Must Ensure “Just Compensation” Even if Conventional Head Was Omitted; Supreme Court Awards Filial Consortium to Parents of Motor Accident Victim

The Supreme Court held that courts must ensure just compensation even where a legitimate conventional head has been omitted by the courts below. Correcting such an omission, it enhanced the MACT award by granting ₹40,000 each towards filial consortium to the parents of the deceased.

Case Briefs High Courts

The Bhojshala Complex Judgment: MP HC Examines Validity Of ASI Survey, Ailan 1935 & Waqf Claim In The Light Of Ayodhya Precedent

“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”

Case Briefs Supreme Court

Amputation Resulting in Complete Loss of Masonry Work Warrants Assessment of 100% Functional Disability Despite 70% Physical Disability: Supreme Court

The Court reiterated that assessment of functional disability must reflect actual loss of earning capacity and not merely physical disability.

FIR quashed against advocate in assault case

Case Briefs High Courts

Prosecution case collapses on its own evidence; Gujarat HC quashes FIR against advocate implicated in assault case

“Having found that present applicant was not present at the scene of offence and was also not visible at the District Court, Surat as alleged by the complainant from the CCTV footage, the said aspect would itself demolish the very basis of the FIR against the present applicant.”

Case Briefs High Courts

Termination of Pregnancy Beyond 26 Weeks Allowed Considering Medical Board’s Unambiguous Opinion on Foetal Anomalies: Bombay HC

“Bombay High Court allowed termination beyond 26 weeks based on the Medical Board’s finding of serious foetal abnormalities and the petitioner’s financial constraints.”

Loss of original property documents by bank after loan closure

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bank Liable for Loss of Title Documents After Loan Repayment: DCDRC

Bank’s failure to return original property documents after full repayment of a housing loan despite RBI’s mandate to do so within 30 days, constitutes deficiency in service: DCDRC

Case Briefs High Courts

Inquiry Into Forged Judicial Orders Must Precede Consideration of Recall Application: Bombay HC Directs Registrar General to Lodge Complaint

The Court held that the issue of how and at whose instance the forged judicial orders came into existence must first be investigated, and directed the Registrar General to lodge a police and cyber cell complaint, deferring consideration of the recall application until completion of the inquiry.

Case Briefs High Courts

Delhi HC Modifies Family Court Order Granting Overnight Custody On Finding Child Had Never Stayed with Father; Says Direction Inconsistent with Findings on Child’s Comfort Level

Delhi High Court held that overnight custody was not warranted where the child had never stayed overnight with the father and required further time to acclimatise, the Court thus modified the Family Court’s order and granted the father extended daytime custody instead.

relieving letter in airline service bond

Case Briefs High Courts

Relieving letter is consequential upon acceptance of resignation; employer justified in withholding it where resignation is in breach of service bond: Bombay HC

Bombay High Court, in a petition concerning enforcement of a service bond and issuance of a relieving letter to an aircraft technician trained under an airline arrangement, held that the Industrial Court’s interim order was unsustainable, emphasising that resignation in breach of the bond cannot compel the employer to issue such documents.

Case Briefs Foreign Courts

What Happens When a Manufacturing Unit Shifts into a Residential Area? Lahore HC Examines Environmental and Safety Concerns

“Commercial convenience or private economic interest cannot prevail over residents’ rights to health, safety, peaceful enjoyment of their homes and a clean and sustainable environment.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Sale of Non-BIS Certified Toys on Snapdeal an Unfair Trade Practice; CCPA Penalises Stallion Trading Company under Consumer Protection Act

The Central Consumer Protection Authority in exercise of its powers under the Consumer Protection Act, 2019, took suo motu cognizance against Stallion Trading Company for sale of Toys on Snapdeal (an E-Commerce platform) which allegedly do not conform to BIS standards as made mandatory under Toys (Quality Control) Order, 2020

court facilities women advocates young lawyers fund Supreme Court PIL

Case Briefs Supreme Court

Lack of proper Ladies’ Bar Rooms a constitutional concern; Supreme Court suggests Young Lawyers’ Professional Assistance Fund to prevent brain drain from the Bar

The PIL highlighted the widespread absence of properly equipped Ladies’ Bar Rooms and essential amenities in High Courts, District Courts, Taluka Courts, Tribunals, Revenue Courts, and Commissions across the country.

Case Briefs High Courts

Pharmacies Can Sell Below MRP But Cannot Display Vague Discount Boards; Drugs Controller’s Licensing Condition Upheld: Kerala High Court

The Court viewed that the power of the licensing authority to stipulate certain conditions while submitting applications for the grant of a licence cannot be said to be arbitrary or warranting an interference by this Court.

hysterectomy parens patriae intellectual disability India

Case Briefs High Courts

Karnataka High Court permits Total Abdominal Hysterectomy of 23-year-old woman with severe intellectual disability, citing her welfare and best interests

“Disability, by itself, can never constitute a ground either to authorise the removal of a reproductive organ or to deprive a person of reproductive autonomy. Any such approach would be inconsistent with the constitutional guarantees recognised by the Supreme Court and with the dignity accorded to persons with disabilities under the Constitution and the statutory framework governing their rights.”

Case Briefs High Courts

Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment

The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.

Case Briefs High Courts

Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court

Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.

Case Briefs High Courts

Better possessory title prevails over mere occupation: Delhi High Court dismisses second appeal in JJ Colony property dispute

Deciding a second appeal arising from a long-standing dispute over a JJ Colony property, the Court upheld a decree for possession in favour of the respondent, observing that while the respondent successfully traced her rights to the original allottee through documentary evidence, the appellant failed to substantiate her competing claim with any credible material.