Case Briefs Archives

arbitration clause consumer forum jurisdiction

Arbitration clause cannot override consumer forum’s jurisdiction; Statutory remedy under Consumer Protection Act remains intact: Supreme Court

Supreme Court: In a civil appeal arising from a dispute concerning delayed delivery of a residential flat, the Division Bench of Vikram

30-day notice period under Special Marriage Act

Case Briefs High Courts

Can the 30-day notice period under the Special Marriage Act be waived? Delhi HC answers

Delhi High Court ruled that the mandatory 30-day notice period under the Special Marriage Act cannot be relaxed merely because one of the parties is required to join employment abroad, emphasising that courts cannot bypass express statutory requirements.

Case Briefs Supreme Court

5-year-old’s tragic death leads Supreme Court to declare the right to walk on safe footpaths a fundamental right

In a judgment arising from a five-year-old child run over by a tanker while walking to school, the Supreme Court declared that Urban Development Authorities, Municipal Corporations and Panchayats bear an enforceable duty to provide pedestrian infrastructure, with remedies independent of the Motor Vehicles Act.

Case Briefs High Courts

No stay on arbitral award means execution cannot be obstructed: Bombay HC directs HDIL promoter’s associate and guarantor to disclose assets on oath

Meena Kumar Rohra, a close associate of HDIL promoter Rakesh Kumar Wadhawan, was directed to disclose her assets on oath within four weeks, with the injunction restraining her from disposing of assets continuing in force.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of alleged illegal confinement of minor as adult inmate in Gautam Budh Nagar jail

Taking suo motu cognizance of media reports, NHRC has sought reports from U.P. authorities and ordered a spot inquiry into the alleged detention of a minor in an adult prison

conviction based on confessions before police

Case Briefs High Courts

Can a Murder Conviction Be Based on Confessional Statements Under S. 164 CrPC Recorded in Presence of Police Officer? Know What Gauhati HC Said

In the present case, the Gauhati High Court examined the validity of a murder conviction based primarily on confessional statements recorded under Section 164 CrPC and alleged extra-judicial confessions.

Case Briefs High Courts

Section 69-A, IT Act empowers platform-wide blocking: Delhi HC upholds temporary Telegram Ban as proportionate amid risk of fabricate leak claims in NEET-UG 2026

With 2.2 million candidates appearing in the re-examination and unlawful channels reappearing within minutes of every takedown, the Court held that narrower measures had been exhausted and that Telegram’s own CEO’s public admission of “backdating scams” and “hundreds of removed channels” constituted a concession that rendered the platform-wide block legally sustainable.

Kerala HC upholds POCSO conviction of Madrassa teacher

Case Briefs High Courts

POCSO | Kerala HC Upholds Madrassa Teacher’s Conviction for Aggravated Penetrative Sexual Assault on a Nine-Year-Old Boy

The Kerala High Court upheld the conviction of a Madrassa teacher for offences under the POCSO Act, IPC, and Juvenile Justice Act, holding that a child survivor’s reliable and consistent testimony can independently sustain a conviction.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Forensic Audit of Project Accounts Permissible During CIRP; Rajasthan RERA Holds Section 14 IBC No Bar to Regulatory Inquiry

With expenditure claimed at 75—77% of project cost against actual physical progress of only 48.13%, the Authority ordered a limited forensic audit of the Avalon Royal Park project, distinguishing the RERA audit from IBC insolvency audit provisions and holding that the two frameworks can operate harmoniously without conflict.

Right of Residence in Sister-in-law Property

Case Briefs High Courts

Marital Discord Cannot Penalise a Sister-in-Law Who Opened Her Home in Good Faith: Delhi HC Rejects Wife’s Shared Household Claim Over Sister-in-Law’s Property

Delhi High Court ruled that a daughter-in-law cannot continue occupying her sister-in-law’s property merely because she resided there with her husband. Once the husband’s permissive right ended, she had no independent right to remain in possession.

Case Briefs High Courts

Delhi HC: Binding Heads of Terms Gives Rise to Bona Fide Arbitral Claim; Issues of Specific Performance and Enforceability Left to Arbitral Tribunal

In a Section 9 plea under the Arbitration and Conciliation Act, 1996, the Court holds that the Heads of Terms constitutes a prima facie binding commercial arrangement warranting interim protection, leaving questions of enforceability and entitlement to specific performance to the arbitral tribunal.

Reassessment beyond four years under Section 147

Case Briefs Tribunals/Commissions/Regulatory Bodies

Investigation Wing Report Alone Insufficient to Sustain Section 147 Proceedings; Reassessment Beyond Four Years quashed; Deleted ₹5 Lakh Section 68 Addition: ITAT Mumbai

The Tribunal noted that where an assessment completed under Section 143(3) is sought to be reopened beyond four years, the Assessing Officer must record a specific finding that the assessee failed to disclose fully and truly all material facts.

Presiding arbitrator has no noteworthy superior role

Case Briefs High Courts

Technical Disputes Do Not Mandate a Technical Presiding Arbitrator; Tribunal May Seek Expert Assistance: Kerala HC Nominates Former Judge as Third Arbitrator

A party that initially chose a retired Judge as sole arbitrator cannot later insist that only a technical expert can adjudicate because the dispute is factual in nature — the Kerala High Court directed the KHHAC to nominate a former Judge as presiding arbitrator, leaving it open to the tribunal to seek expert assistance on technical issues.

SECP Report on Membership Records and Shareholding

Case Briefs Foreign Courts

How Are Company Membership Records and Shareholding Changes Regulated? Lahore High Court Seeks SECP Report

With several petitions concerning rectification of the Register of Members pending before it, the Lahore High Court has directed Securities and Exchange Commission of Pakistan to explain how membership records are created, maintained, altered, and rectified under the Companies Act, 2017.

Case Briefs Supreme Court

Administrative Delays in Workshop Renewals Can’t Prejudice Eligible Candidates: SC Upholds Fresh TNPSC Motor Vehicle Inspector Recruitment Process

The Court held that the candidates included in the revised list of 226 candidates acquired no vested right and must participate in the fresh selection process.

Case Briefs High Courts

Bombay HC Permits Preity Zinta to Seek Injunction to Protect Her Personality Rights from AI and Digital Misuse

The Bombay High Court granted leave to enable institution of a suit seeking protection against alleged infringement of Preity Zinta’s personality rights, copyright and reputation through AI-generated deepfakes, manipulated images, chatbot personas and other digital content disseminated online.

Kar HC quashes KERC captive verification order

Case Briefs High Courts

Karnataka High Court quashes KERC order on captive power verification; Strikes down dynamic “UQR” mechanism as contrary to Electricity Rules & SC precedent

The High Court held Clause 6.7 of the KERC Captive Verification Procedure introducing a dynamic “Unitary Qualifying Ratio” based on actual consumption contrary to Rule 3 Electricity Rules, 2005 and the proportionality benchmark laid down by the Supreme Court in Dakshin Gujarat Vij Co. Ltd. v. Gayatri Shakti Paper and Board Ltd..

Case Briefs Supreme Court

Compassionate Appointment Cannot be Kept in Abeyance by Invoking Rule Applicable Only to Financial Assistance: SC upholds Haryana Rule

Supreme Court clarified that compassionate appointment and compassionate financial assistance are distinct benefits under the Haryana Compassionate Assistance Rules, 2019, and held that Rule 23(1) cannot be invoked to defer a claim for compassionate appointment during the pendency of criminal proceedings.

Compensation for Land Acquired for Service Road

Case Briefs High Courts

Landowners Entitled to Compensation Even for Land Acquired for Service Road: Bombay High Court

The Court held that landowners are entitled to compensation for land acquired for a service road in a National Highway widening project and directed payment of the compensation amount, holding the denial of compensation for such land to be arbitrary.

Bhojshala complex temple goddess Vagdevi protected monument

Case Briefs High Courts

MP HC Examines Bhojshala’s Religious Character As On 15 August 1947 To Be A Temple Of Goddess Vagdevi (Saraswati); Holds It A “Protected Monument”

“The religious character of the “disputed area” of Bhojshala Complex and Kamal Maula Mosque was held to be a Temple of Goddess Vagdevi (Saraswati) in the light of provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Places of Worship (Special Provisions) Act, 1991.”