Case Briefs Archives

Internal Complaints Committee obligated to attempt Conciliation to settle sexual harassment case before starting inquiry: MP High Court

“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”

Case Briefs High Courts

Priority in admission to KV under Grandparents Sponsoring Quota can’t be construed to be a vested right: Karnataka HC

The Court pointed out that the guidelines 2024-25 expressly did not provide preference to the grandchildren of serving/retired employees. When such a preference was specifically not provided in the current guidelines governing the admission process, then such admission cannot be considered as per previous guidelines.

Case Briefs High Courts

Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC

Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.

Case Briefs High Courts

‘Convicted u/Section 6 of POCSO Act instead of Section 4’; Patna HC directs release of an old man after 10 years’ imprisonment; enhances victim compensation from Rs 4 to 5 lakhs

The Trial Court did not notice the facts that the offence was committed in 2014 and at that time there was no such punishment as rigorous imprisonment for the remainder of natural life in Section 6 of POCSO Act.

Case Briefs Supreme Court

No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court

“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”

Case Briefs High Courts

Financial loss to a person/institution by mere Advocate’s opinion cannot be a ground for prosecuting him; intention to defraud and active participation required: Chhattisgarh HC

The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.

interim maintenance wife matrimonial home lifestyle

Case Briefs Supreme Court

“Wife entitled to maintain matrimonial home lifestyle during pendency of divorce petition”; SC directs husband to pay Rs.1,75,000 monthly interim maintenance

The wife claimed that she has a M.Sc. degree in Clothing and Textile but was forced to leave her job as her husband was against her working.

Case Briefs High Courts

Awards rendered by MSME Council can be challenged under Section 34 of A&C Act and not under Art. 226: Orissa High Court

In the matter at hand, the appellant contended that the Council’s award ought to have been interfered with under Article 226/227 of the Constitution, as there was no conciliation in accordance with the procedure prescribed, a condition precedent for initiation of arbitration proceeding under Section 18 (3) of the MSMED Act.

Case Briefs High Courts

Arbitral Award treated as deemed decree; Execution can be initiated anywhere such decree can be executed: Allahabad HC

Allahabad High Court reiterated that Arbitration Act transcends all territorial barriers.

Case Briefs High Courts

Delhi High Court issues detailed directions for tackling bomb threat emails targeting Delhi Schools

Delhi High Court directed GNCTD and Delhi Police to tackle rising bomb threat emails targeting Delhi schools and ordered time-bound implementation of action plans, regular mock drills, and appointment of zonal nodal officers to ensure swift and effective responses.

Case Briefs High Courts

Primacy to experience over education qualification cannot be stretched to dilute educational criteria: Gujarat HC quashes Home Guard’s appointment

The State Government very conveniently ignored that the appointed District Commandant, Home Guard, (Class-I) will be supervising the duties of Home Guards and that a minimum qualification of 10th Standard has been prescribed.

Case Briefs High Courts

[POCSO Act] ‘Marriage decided with good intent’; Bombay HC grants bail to a man accused of impregnating his minor fiancé

One of the conditions imposed by the Court for granting bail is that applicant-accused shall not be in a physical relationship with the victim till they are legally married.

Case Briefs High Courts

Trademark Infringement | MP High Court upholds Excise Commissioner’s order prohibiting reuse of embossed Mount Everest beer bottles

“Private Respondents are free to reuse generic beer bottles manufactured by third parties which do not violate the label, trademark/brand/logo of another entity.”

Case Briefs Supreme Court

Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates

Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.

Case Briefs High Courts

Delhi Police to coordinate with social media platforms and prepare handbook for timely information from these platforms: Delhi High Court

The said handbook can include the details of the way the requests have to be made and the details of the Nodal Officers of these platforms. In case any training is required, the Commissioner of Police may also call for meeting with the platforms and hold training sessions for Police Officials.

Case Briefs High Courts

Bombay High Court permits Shri Saibaba Sansthan Trust Shirdi to resume offering of flowers/garlands

The auctions of flowers did not take place in any of the market committees in the vicinity of Shirdi namely, Kopargaon, Rahata and Shrirampur and the market committee at Rahata could start auctioning of flowers within its premises.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tap the untapped drains having gradient towards Adi Ganga River and releasing pollutants: NGT

Reportedly, the Adi Ganga River had dried up due to extreme heat resulting in 50-60 % of the river becoming waterless, and several dead fish emanating a foul smell. It was alleged that the death of the fish was due to chemical pollution emanating from Sonar Mandi where silver is refined with acid chemicals.

Case Briefs High Courts

Allahabad HC grants divorce to couple living separately for over a decade; Cites continuous mental cruelty by wife

“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”

Case Briefs High Courts

‘Legal profession is noble profession’; Punjab and Haryana HC refuses to quash punishment of a law student disqualified from appearing in university exam for 2 years

The petitioner while appearing in first semester in the subject of Law of Contract was found with handwritten notes, which were in his own handwriting and the same answers were copied at Pages 16 and 17 of answer book.

Case Briefs High Courts

Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials

“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”