Case Briefs Archives | Page 17 of 914

Employer not expected to seek proof beyond doubt of marriage for granting maternity leave: Madras HC awards Rs.1 Lakh compensation to Magistrate’s office assistant

“When prima facie evidence is available, the Magistrate, in our considered opinion, erred grievously in rejecting the application for maternity leave on assumptions and surmises. The action of the District Munsif cum Judicial Magistrate, to say the least is inhuman.”

Case Briefs High Courts

Telangana HC denies relief to BSF personnel wards claiming eligibility for reservation granted to Armed Forces personnel’s wards in medical courses

“The Act which governs the services, the method of recruitment, the conditions of services and tenure of Armed Forces and CAPF are different and by no stretch of imagination, it can be said that the Armed Forces viz., Army, Navy and Air Force and BSF/CAPF forms a homogenous class.”

Case Briefs High Courts

‘Person becomes zombie upon using narcotic drugs’; Punjab and Haryana HC denies bail to NDPS accused allegedly caught with 290 grams of heroin

“This highlights the State Government’s failure to address the growing drug problem, which is particularly alarming in Punjab. The widespread drug abuse is severely undermining the future of the country, as it is gradually eroding the youth population, much like a termite.”

Case Briefs High Courts

Selection process, prioritising educational qualification over disability severity, contradicts spirit of Rights of Persons with Disabilities Act: MP High Court

The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.

Case Briefs High Courts

Madras High Court dismisses ex-serviceman’s plea seeking inquiry into Havana Syndrome in India; Cites lack of evidence and jurisdictional limits

The Court said that while the appellant claimed to be a target of high-frequency microwave radiation, he had not provided any evidence to substantiate these claims, nor had he identified those allegedly targeting him.

Case Briefs Supreme Court

SC takes note of disturbing pattern of student suicides; Constitutes National Task Force to prevent commission of suicides in higher educational institutions

Referring to relevant reports and studies, Supreme Court pointed out that the number of student suicides has now surpassed suicides committed by farmers due to agrarian distress, with a four percent rise in 2024 alone.

Case Briefs Supreme Court

Supreme Court orders Uttarakhand Govt. to pay Rs. 1 crore to family of doctor killed on duty after 9 years of legal battle

“Prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years.”

Case Briefs Supreme Court

‘Mere presence at the spot, or arrest therefrom, not sufficient to prove that they were part of unlawful assembly’; SC acquits 6 in 2002 Gujarat Riots Case

“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”

Case Briefs High Courts

Delhi High Court| Jurisdiction under S. 11 Arbitration Act must be determined by the CPC if the parties haven’t agreed on the arbitration seat or venue.

It is a settled position in law that when the arbitration agreement is silent on the aspect of ‘seat’, ‘venue’ or ‘place’ of arbitration, the determining factor will be where the cause of action arises as well as where the defendant/respondent actually or voluntarily resides or carries on their business.

Case Briefs High Courts

‘Obscene message sent to female colleague on WhatsApp was unintentional’; Bombay HC quashes FIR against retired professor after he claimed to be suffering from mental illness

Respondent 1 filed “Affidavit of Consent” for quashing the proceedings and stated in her Affidavit that at the time of filing of the FIR, she did not know that the petitioner was suffering from mental disease and ailment (FTLD).

Case Briefs High Courts

Delhi HC seeks Centre’s response on regulatory mechanism to ensure taxi apps are disabled friendly prior to their launch and have all accessibility features mandated under law

The Accessibility Audit Report revealed an alarming state of affairs inasmuch as 207 accessibility issues is identified in the ‘Rapido Android App’. Notably, 81 of these issues are referred to as “High Impact (P0)”.

Case Briefs Supreme Court

‘No agreement on choice of appointing authority’; SC directs parties to approach Secretary General of Permanent Court of Arbitration

While considering the petition, the Court took note of Article 6 of United Nations Commission on International Trade Law Arbitration (UNCITRAL) Rules, 2021 which deal with “Designating and appointing authorities”.

Case Briefs High Courts

Rajasthan High Court appoints panel to probe into Khap Panchayats’ illegal activities including honour killings, social boycotts, exorcism, etc.

“Khap Panchayats are informal, quasi-judicial bodies prevalent in villages, particularly in northern and western India. These organizations impose severe penalties and fines based on age-old traditions, enforcing outdated customs on modern societal issues.”

Case Briefs Supreme Court

Read why SC refused bail to retired IAS Pradeep Nirankarnath Sharma in illegal land allotment case

The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.

Case Briefs High Courts

Convenience of litigants weigh more than that of advocates; Andhra Pradesh High Court upholds shifting of Court from Machilipatnam to Avanigadda

“The distance between Avanigadda and Machilipatnam is approximately 35 km. Litigants from the Avanigadda area would be relieved from having to traverse that distance to file their cases on each and every date of hearing.”

Case Briefs High Courts

‘Need for vigilance at entry point rather than indiscriminate denial of bail’; Punjab & Haryana HC grants bail to foreigner in Rs 2.81 Crore cyber fraud case

“When a foreign national faces criminal prosecution within Indian jurisdiction, legal proceedings may tether them to the country, disrupting their academic aspirations, familial responsibilities, commercial enterprises, and personal liberties.Justice delayed is justice denied, but in the context of foreign nationals, justice prolonged is justice misplaced.”

Case Briefs High Courts

S. 24 CPC cannot be invoked for proceedings filed without jurisdiction, Order VII Rule 10 CPC has to be invoked: Bombay High Court

The Court held that when any Civil Court holds that it lacks jurisdiction over the subject matter of the suit or application, it had to pass order under Order VII Rule 10 of CPC for return of plaint, and procedure of transfer of proceeding under Section 24 of CPC could not be invoked.

Case Briefs High Courts

Exemption requests of sexual violence victims deserve sensitivity unlike those of hardened criminals: Delhi High Court

One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever etc, caused by nervousness and agony.

Direct transfer motor accident compensation

Case Briefs Supreme Court

Supreme Court advocates direct bank transfer of compensation to streamline motor accident claims process

“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”

Case Briefs High Courts

Commenting on colleague’s hair that she must be using JCB to manage them, not sexual harassment; Bombay HC sets aside Industrial Court’s order

The Internal Complaints Committee of HDFC Sales (P) Ltd. did not consider the important issue that whether the allegations levelled against the petitioner in really constituted sexual harassment to the complainant.