Case Briefs Archives

Supreme Court Flags Misuse of Article 311(2)(b): Departmental Inquiry Cannot Be Dispensed with Lightly

The Supreme Court was examining the legality of a dismissal order passed by invoking Article 311(2)(b) of the Constitution without holding a departmental inquiry.

Case Briefs High Courts

Registrar Responsibilities 101: What They Should Be Doing to Stop Domain Name Fraud — Delhi High Court’s Landmark Ruling, Simplified

The Delhi High Court examined multiple suits involving misuse of well-known trademarks through fraudulent domain names used for impersonation and consumer deception.

Case Briefs Supreme Court

Landowners Win as SC Resolves NHAI-Tarsem Singh Conundrum; Holds Liability Spike Not a Ground for Review of Judgment

“Once a judgement or an order passed by a court in a particular case has attained finality and is not the subject matter of further challenge before a prescribed forum, a subsequent change in the judicial interpretation would not entail a reversal of such decision inter-se the parties to that case.”

Case Briefs High Courts

Constitutional freedoms cannot be exercised at the cost of human lives: Allahabad HC upholds preventive detention order under NSA

“Where potentiality of the act is to disturb the even tempo of the life of the community, it would be prejudicial to the maintenance of public order”

Case Briefs High Courts

Bombay HC upholds Central Railway’s 2018 Shoe-Shine Licence Policy; Rejects monopoly claim, mandates minimum wages

“The bottom line of the Shoe-Shine Licence Policy, 2018 is to generate employment opportunities for persons belonging to the lower strata of society, which may include members of the Scheduled Castes and Scheduled Tribes, not merely on the basis of their caste, but because they belonged to lower strata of society.”

Case Briefs High Courts

“No absolute right to protest at chosen venue”; Madras HC dismisses ‘unusual prayer’ for daily protest “until World War ends” dismissed with Rs 50,000 costs

“The right to protest is protected, however, the right to insist upon a particular public junction for an indefinite recurring protest is not.”

Academic marks for computation of future income

Case Briefs High Courts

“Academic marks not measure of earning potential”; Bombay HC enhances Motor Accident Compensation for deceased BHMS student’s family

“Just as it is true that, academically excellent student may or may not earn well, it is also equally true that academically average or even below-average student may earn very well in practice or profession.”

declaration of public holiday policy matter

Case Briefs Supreme Court

Supreme Court: Declaring gazetted/public holidays a policy matter within executive domain, not open to judicial direction

The Supreme Court declined to issue directions either to declare the birth anniversary of Guru Gobind Singh Ji as a nationwide gazetted holiday or to frame uniform guidelines for declaration of holidays.

Case Briefs High Courts

Missed GST deadlines not fatal where intent to comply exists; Rajasthan HC condones 160-day delay

“Cancellation of GST registration or missed appellate deadlines should not permanently debar a taxpayer from the GST framework, especially where the taxpayer intends to comply by filing returns, paying taxes, interest, and penalties, and rectifying defaults. In such cases, denial of opportunity to an assessee undermines the inclusive and facilitative objective of the GST regime.”

Filling of vacant post on non-joining of selected candidate

Case Briefs Supreme Court

Supreme Court: Non-Joining of Selected Candidate Doesn’t Give Vested Right to Appointment to Next Candidate in Absence of Enabling Provision

“The decision of the Government to fill the notified vacancies cannot be equated with creation of a right in favour of every candidate below the selected candidate to claim automatic substitution in the event of non-joining.”

Case Briefs High Courts

POSH | Kerala HC sets aside ICC report due to non-service of complaint copy on delinquent

“Serving a copy of the complaint and other relevant documents is mandatory under Rule 7, POSH Rules, and the failure to do so constitutes violation of the principles of natural justice.”

Case Briefs High Courts

Why Section 17-A of the Prevention of Corruption Act Didn’t Shield Lalu Prasad Yadav in Land-for-Jobs Case — Delhi High Court’s Ruling Explained

“Statutes creating new protections or disabilities operate prospectively unless expressly stated otherwise.”

Case Briefs High Courts

‘Not Even 10% Women Nominations’: MP HC halts Rewa Bar Association Elections

A woman advocate challenged the Rewa Bar Association Elections claiming that there was no reservation of 30 per cent for women candidates in violation of the Supreme Court’s directions.

Case Briefs High Courts

Tiger Corridor at risk? MP HC seeks assistance from National Tiger Conservation Authority, Wildlife Board on NH-46 Widening

A petition was filed against widening of NH 46 as it passes through an important tiger and wildlife corridor, and any construction was likely to affect the movement of wild animals.

re-examination of victims' injuries by independent Medical Board

Case Briefs High Courts

“Preservation of fairness and justice necessitates re-examination”; Rajasthan HC directs Independent Medical Board to re-examine Victim’s Injuries

Re-examination of the victims by a qualified Medical Board is not merely a procedural formality, but a substantive measure to safeguard the accused from being unfairly prosecuted based on misleading or fabricated evidence.

Case Briefs High Courts

Kerala HC declines to restrain release of web series “Anali”, directs Koodathayi murders’ accused to pursue alternate remedy under IT Rules

“The petitioner objected to the web series ‘Anali’ scheduled for release on JioHotstar, believing that the content was substantially inspired from incidents connected to Koodathayi murders for which she was lodged in prison. The series would malign her, create prejudice in public opinion, and adversely affect prospects related to her conviction.”

Conversion to Christianity ends Scheduled Caste status

Case Briefs Supreme Court

Conversion to Christianity extinguishes SC/ST status and protection under SC/ST Act: Supreme Court

“The SC/ST Act serves as a crucial legal framework to protect the rights and dignity of Scheduled Castes and Scheduled Tribes in India, ensuring stringent measures against offences of atrocities and promoting their welfare and security.”

No Habeas Corpus for Voluntary Departure

Case Briefs High Courts

No Habeas Corpus if Wife voluntarily leaves Home; Madras HC Orders Production of Children

Observing the wife’s voluntary departure, the Madras High Court shifted focus to child welfare and instructs police to produce the minors before the Judicial Magistrate.

Case Briefs Supreme Court

Diversion of preferential allotment funds, contrary to disclosed object, constitutes violation of PFUTP Regulations: Supreme Court

Emphasizing investor protection and market transparency, the Supreme Court ruled that the unlawful diversion of preferential issue proceeds could not be legitimized through subsequent shareholder ratification.

Case Briefs High Courts

Courtroom Shocker: Man alleging ₹200-Crore Maruti Scam Places Miscarried Foetus Before Judge; MP High Court Finds Claims of Threat to Family ‘Vague’

“Justice is administered strictly in accordance with law and on the basis of legally admissible material placed on record, and not on emotional considerations or theatrical conduct in the Courtroom.”