Case Briefs Archives

Unauthorized Re-Categorisation of Public Utility Land

Unauthorised Re-Categorisation of Public Utility Land Renders Pattas Void Ab Initio and Incapable of Conferring Bhumidhari Rights: Supreme Court

“Section 132, Zamindari Abolition Act, expressly prohibits the conferment of bhumidhari rights in respect of public utility lands, including pasture lands and khalihan.”

Case Briefs High Courts

Read Why Delhi HC awarded Rs 150+ Cr. in damages for patent infringement, while actual costs yet to be determined by Taxation Officer?

“The general principle for award of damages is that the innocent party has to be put in the same position as it would have been, if not for the infringement.”

property attachment receiver appointment

Case Briefs High Courts

Tenancy Disputes | Property’s attachment & Receiver’s appointment not to be resorted routinely: Punjab & Haryana High Court

The case exemplified a disquieting and steadily growing tendency amongst litigants to invoke the criminal jurisdiction, not as a bona fide recourse for redressal of legitimate grievances, but as a convenient instrument to settle personal scores and wreak private vengeance.

Case Briefs High Courts

Bombay High Court Denies Urgent Relief Against Property Auction by Bank under SARFAESI Act

A commercial suit was filed along with an application for urgent relief; however, relief was denied for lack of valid authorisation to file the suit and the availability of an alternate remedy before the Debt Recovery Tribunal.

Case Briefs High Courts

Delhi HC: Fresh tender during subsisting contracts valid; no vested right in continuation of procurement policy under CGHS

The principal issue is whether the respondents are barred from initiating a fresh tender for empanelment of local chemists for a future period during the subsistence of existing contracts.

Case Briefs Supreme Court

SC Approves BCI’s Amended Election Rules Allowing Bar Association Office-Bearers to Contest State Bar Council Polls with Post-Selection Choice

With regard to the enforceability of the amended Chapter III to the elections to Bar Councils of different States, a decision will be taken on a case-to-case basis.

Case Briefs Supreme Court

Supreme Court: Essential qualification cannot be relaxed by implication; higher qualification no substitute for mandatory experience

The terms of the recruitment rules and the advertisement form the basis of the selection process and are binding on both, the candidates as well as the recruiting agencies.

Case Briefs High Courts

Delhi High Court Protects “Toprankers Edtech” from Defamatory Campaign by Edtech Rival Platform; Restrains Misuse of CLAT 2026 Topper’s Identity

Recognising the plaintiffs’ right to protect their goodwill and trademark against a coordinated online campaign, the Court issued interim injunction in favour of them

Challenge to Arbitral Award by Legal Representatives

Case Briefs Supreme Court

Legal Representatives Must Challenge Arbitral Awards Under Section 34, Not Article 227 or Section 115 CPC: Supreme Court

“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”

Case Briefs High Courts

Explained | Why Kerala High Court Granted Bail to 3 Maoists in Malappuram Arms case

It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.

Case Briefs High Courts

“No indefeasible right to appointment merely on ground of unfilled vacancies when candidate doesn’t fall under cut-off & waiting lists”: Delhi HC

Unfilled vacancies do not entitle non-selected candidate to appointment where cut-off and 10% waitlist rule duly applied

Case Briefs High Courts

24-hour Rule Runs from Actual Restraint, Not Arrest Memo; detention Beyond 24 Hours Illegal in NDPS Case: P&H High Court

“Entries contained in police records or arrest memos are merely declaratory and do not constitute infallible or conclusive proof of the time of arrest.”

Case Briefs High Courts

Employee Should Not Suffer for Employer’s Failure in EPF Compliance : Bombay HC quashes rejection of pension claims

Employees cannot be denied higher pension benefits due to employer or record-keeping lapses; authorities must assess claims based on all available evidence and adopt a practical, non-technical approach.

Case Briefs High Courts

“Crimes like cow slaughter throw even tempo of life out of gear”: Allahabad HC denies relief to man detained under NSA for cow slaughter

Allahabad High Court explains when an offence transcends law and order to affect public order, upholding preventive detention under NSA.

Case Briefs High Courts

Public Roads Not for Disproportionate Industrial Use: Jharkhand HC Directs Parking Compliance by Industries; Flags need for Trauma Care Facilities

“Such public roads are built and maintained through taxpayers’ funds. Therefore, there must be an equitable use of such roads, particularly by industries established for commercial gains.”

Case Briefs Supreme Court

Municipal Records Do Not Confer Title: SC Restores Direction to Consider Layout Plan Incorporation of De-Reserved Land

The Court held that the scope and adjudication of the appeals had to be confined to the direction given by the Single Judge, and nothing beyond that.

foreign custody order not enforced India

Case Briefs High Courts

Child’s Right to Stay with Mother a Civilizational Norm, Not Just a Modern Legal Construct: MP High Court refuses to Enforce Foreign Custody Order

“Doctrine of Comity of Courts is important but not absolute, and welfare of the child is the paramount consideration.”

Case Briefs High Courts

Unchallenged oral testimony of victim and her mother is sufficient to prove age; Kerala HC upholds POCSO conviction

The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAG Audit of Delhi DISCOMs Impermissible Without Compliance of Section 20 Conditions; APTEL quashes Lt. Governor’s Approval

“The DERC has failed to disclose to the DISCOMs the ‘public interest’ in which it was found expedient to entrust audit to CAG and therefore, there was no opportunity for the DISCOMs to represent against such audit.”

Case Briefs High Courts

Acceptance of Benefits and Long Silence Creates Acquiescence Against Challenge to Agreement to Sell: Delhi High Court

“A party cannot be permitted to ‘blow hot-blow cold’, ‘fast and loose’ or ‘approbate and reprobate’. Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself.”