Case Briefs Archives

claim to be made and petition under Section 11 Arbitration Act

Arbitration and Conciliation Act, 1996 | Time-Barred Claim ≠ Time-Barred Section 11 Petition: Punjab and Haryana High Court appoints Second Arbitrator

“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”

Case Briefs High Courts

‘Continuation of these futile litigations adding to judiciary’s burden’; Allahabad HC quashes cases against two men involved in 1991 UP Vidhan Sabha Ruckus Case

“It is expected that the committee constituted by the State would come up with effective solution to weed out the futile litigations pending across the State so that the efficiency with which the judiciary should function is restored and the deadwood is chiselled off from the overgrowing dockets of the District Courts.”

Case Briefs High Courts

Delhi HC denies bail to habitual offender accused of metro power cable theft and endangering public safety

“The offence alleged to have been committed by the applicant herein has multifarious effects on the Society at large, more so, since the applicant has put the life and limb of one and all in utter danger.”

illegal streaming of ICC cricket matches

Case Briefs High Courts

Delhi High Court restrains illegal streaming of ICC cricket events; grants ex parte interim relief to JioStar India

Delay in blocking access to rogue platforms would result in irreparable breach of JioStar India’s exclusive broadcast rights and revenue loss.

Supreme Court appoints Technical Consultant

Case Briefs Supreme Court

Supreme Court appoints former Chief Statistician of India, Dr. T.C.A. Anant, as Technical Consultant to National Task Force

The Court “direct the Ministry of Education, Union of India to extend all necessary administrative support, more particularly the infrastructure & data access.”

Advisory Committee on Transgender Rights

Case Briefs Supreme Court

Supreme Court appoints Aparna Mehrotra as CLPR representative on Transgender Rights Advisory Committee

The Court acknowledged the “extensive work undertaken by Ms. Nithya Rajshekhar with regard to the transgender rights” and found it appropriate that she continue as a member of the Advisory Committee notwithstanding her change in institutional affiliation.

Case Briefs High Courts

Delhi High Court: Registry cannot refuse to accept execution petitions below Rs. 2 crores; Access to Court cannot be curtailed by administrative order

“There can never be any threshold bar to a party filing a matter before the Registry of a Court.”

Case Briefs Supreme Court

Targeted Vendetta & Institutional Bias vitiate Selection Process; Supreme Court grants relief to Ex-Army Officer; Imposes Rs 5 Lakh Cost

“The rule of law constitutes the foundation of a well-governed society, and the shadow of bias or mala fides in the exercise of power concerning public 33 functions strikes at the very root of a regulated social order.”

Case Briefs High Courts

Recognising Indian Pickleball Association as National Sports Federation is policy decision; Delhi HC refuses to reassess comparative merits of rival bodies

“The Sports Code is policy-driven and cannot be applied mechanically. The adoption of a “one size fits all” approach would be an anathema to the objective and purport of the Sports Code, particularly in the context of nascent and emerging sports”.

Case Briefs Supreme Court

Mandatory to issue notice under S. 35(3) BNSS to accused regarding offences punishable with 7 yrs imprisonment: Supreme Court clarifies

An arrest by a police officer is a mere statutory discretion which facilitates him to conduct proper investigation, in the form of collection of evidence and, therefore, shall not be termed as mandatory.

Orissa High Court expunges affidavit against Advocate General

Case Briefs High Courts

“Purity is the hallmark of justice”: Orissa High Court expunges DSP’s affidavit against Advocate General, restrains media

“The trust of the people upon this institution should not be believed by encouraging wild litigants to make scurrilous remarks against constitutional functionaries in defiance of the Courts’ orders.”

storing medicines not manufacturing process

Case Briefs High Courts

Storing medicines in refrigerator is not ‘manufacturing process’ under Factories Act: Bombay HC

“The act of preserving or storing is preceded by ‘process for’ preserving or storing any articles in cold storage and it is the process for preserving or storing which amounts to manufacturing process and not the mere act of preserving or storing.”

Case Briefs High Courts

Jharkhand HC Orders FIR in Alleged HIV-Infected Blood Transfusion to Minor Thalassemia Patients; Reaffirms Police Duty to Register FIR

“There cannot be any cavil with the legal proposition that the police is under the statutory duty to lodge FIR when the complaint discloses a cognizable offence.”

Case Briefs High Courts

Delhi HC lays down guidelines for enforcement of judicial orders after 13-year delay in securing convict’s custody

“The extraordinary delay of 13 years indicates the deficiencies in the post-conviction/bail follow up and lack of coordination amongst the Trial Court, Jail Administration and the Police. It portrays a serious systemic failure in ensuring enforcement of judicial orders. Such like episodes corrode the credibility of the Criminal Justice System.”

Case Briefs High Courts

Allahabad High Court: Blanket ban on caste rallies cannot be judicially imposed, remedy lies in proper enforcement of existing law

“Provision for banning of caste based political rallies and preventing them is very much in place, whether it be during the election process or not. The only thing which remains is the will to implement the provisions effectively without any bias or favour.”

Case Briefs Supreme Court

Dearness Allowance is a Right, Not a Bounty; State cannot cite financial crunch to deny it: Supreme Court

“The least that is expected of a State in a democracy is that it honours its obligations and commitments, arising from a legislation or judicial decisions, for such obligations are not discretionary in any way, shape or form.”

Case Briefs High Courts

Madhya Pradesh HC grants bail to Anwar Kadri in forced conversion case; Weekly Police Reporting Ordered

Considering his criminal antecedents, the Court directed Anwar Kadri to mark his presence before the police station concerned on every Sunday between 12:00 Noon and 04:00 PM till the conclusion of the trial.

Case Briefs High Courts

Allahabad HC pulls up advocate for calling rape victim a woman of “easy virtue”; says it violates dignity & privacy under Article 21

“Any attempt to portray a woman as being of “easy virtue” or to cast aspersions on her moral character is wholly irrelevant and expressly barred under Section 53A and the proviso to Section 146 of the Evidence Act, 1872.”

extension of arbitral mandate under Section 29-A

Case Briefs Supreme Court

Not Orwell’s ‘Big Brother’: Supreme Court Clarifies Which Court Can Extend Arbitral Mandate Under Section 29-A

“The ‘Court’ under Section 29A shall be the Civil Court of ordinary original jurisdiction in a district and includes the High Court in exercise of its original civil jurisdiction under Section 2(1)(e), and shall not be the High Court or the Supreme Court under Section 11(6) of the Act.”

writ maintainability against private unaided school

Case Briefs High Courts

Teacher’s selection in private unaided school purely contractual matter; Not amenable to writ jurisdiction: J&K and Ladakh HC

“The rights arising in favour of candidates participating in the selection process are private rights, which cannot be enforced against an institution that is neither a State nor an instrumentality of the State by way of a writ petition.”