A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

Following a petition filed by the Uday Foundation, in February 2011, the Court ordered the Union of India to state whether a global policy had been framed regarding the subject of “junk food” and the emphasis of health and nutrition in schools. The Food Safety and Standards Authority of India (FFSAI) responded to the Court …Read more

The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more

Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more

Bayer Corporation (Bayer) challenged the order(s) of 2012 and 2013 passed by the relevant statutory authority, the Controller of Patents (the Controller), granting a Compulsory License to Natco Pharmaceuticals Limited (Natco) of the drug Nexavar. Bayer developed the drug to treat patients suffering from kidney cancer. In 2008, the Controller granted a patent to Bayer …Read more

The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more

Mr. Y, Petitioner No.1, was a person belonging to the backward class. He held a valid driving license and was asked to apply for an interview to the Tamil Nadu State Transport Corporation, Respondent, for the post of a driver. He was asked to submit his medical fitness certificate and certificate relating to eyesight to …Read more

The Delhi High Court made its own motion because of a newspaper report about a destitute woman who died on a busy street while giving birth to a baby girl. The girl had been struggling for life at a foster home named Udayan which was located in Delhi. The Court had subsequently issued directions to …Read more

The issues presented in this case involved citizens living in poverty and the gaps in essential services provided by the government. The first issue was the availability of cash assistance to new mothers. The petitioners alleged that, per past orders of the Supreme Court, benefits should be made available to them under both the National …Read more

This case deals with two petitions, Laxmi Mandal v. Deen Dayal Hari Nagar Hospital and Jaitun v. Maternity Home, MCD, Jungpura. Shanti Devi, Laxmi Mandal’s (the Petitioner) sister, died shortly after giving birth to a premature baby. This was her sixth pregnancy. The previous pregnancy ended in miscarriage. Shanti Devi was not provided with any …Read more

The Petitioner, a student, was not allowed to sit for the All India Senior School Certificate Examination because of frequent absences from school. The Court accepted that her poor attendance record was attributable to a “special learning disability.” A provision in the school by-laws allowed for exemptions from school attendance policies for blind, physically handicapped …Read more

A. Arul, the Petitioner, was a government employee who incurred medical expenses as a result of surgery for his wife. The Petitioner had previously contributed to the Government Employees Health Fund, which was set up to extend grants to remedies not available in the government hospital. The State of Tamil Nadu and others Respondents, failed …Read more

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more

Petitioner, a government employee, submitted claims for (a) reimbursement for his wife’s cancer treatment prior to the 2003 date on which the Export Inspection Council (the “Council”) determined that certain Special Diseases, including cancer, would be exempted from a 3,600 rupee ceiling on reimbursement. The Council had not revised the rates since 1989;  (b) certain …Read more

In 1986, the Delhi Capital Government (“GNCTD”) decided to convert the vacant Players’ Building into a multi-specialty hospital on a ‘no profit, no loss’ basis and invited offers from private institutions. GNTCD issued a notice stating that the vacant building along with the land was to be made available free of cost provided that the …Read more

In order to regulate the distribution of licenses for liquor shops the Government of West Bengal promulgated the West Bengal Excise (Selection of New Sites and grant of License for retail sale of liquor and certain other intoxicant) Rules, 2003 (the new Rules). Under the earlier Rules, objections were invited from elected representatives from the …Read more

Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more

After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more

The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more

This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more

The Delhi Development Authority (DDA) and the Land and Development Office (L&DO) allocated land to some hospitals in the city of Delhi at rates which were much lower than the market value of the land (concessional rate) but with some conditions. Hospitals which were being awarded land at concessional rates were to provide free treatment …Read more

The petitioner, who worked as a Head Constable in Tamil Nadu, filed a case against the Secretary to the Government, Health and Family Welfare Department, Tamil Nadu and others, for rejecting his request for reimbursement under the Tamil Nadu Government Employees’ Health Fund Scheme. The petitioner requested such reimbursement for an angioplasty he underwent on November …Read more

The Respondent, Monsanto Chemicals of India, was engaged in the formulation of herbicides in India. In accordance with the Insecticide Act, 1968, the Respondent had been granted statutory approval by the Central Insecticides Board. Mangesh G. Salodkar, the Petitioner was employed at Monsanto’s establishment at Lonavala. Soon after taking voluntary retirement, he suffered a brain …Read more

The Petitioners, including Praveen Rashtrapal, filed this public interest litigation in the Gujarat High Court under Article 226 of the Constitution (original writ jurisdiction of High Courts). The petition was filed on behalf of sewage cleaners (cleaners) in and around the City of Ahmadabad. The Petitioners claimed that the right to life and health of …Read more

The Petitioner was a retired Works Inspector at the Public Works Department in the State of Tamil Nadu. He was enrolled under the Tamil Nadu Government Employees Health Fund Scheme (the Scheme). He was thus entitled to free medical treatment for himself and his dependents at approved hospitals. In 1998, the Petitioner’s son had to …Read more

Petitioner had worked for the Coffee Board (the “Board”), a statutory body working under the administrative control of the Department of Commerce, for 24 years prior to his retirement. The pension benefits for retiring employees under the Central Civil Services (Pension) Rule (the “Rules”) were fixed by the Board. The Central Government had effectuated a …Read more

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

The petitioner, Rajesh Kumar Srivastava, filed the contempt petition to enforce and to monitor the orders passed by the Supreme Court in D. K. Joshi v. State of U.P., ((2000) 5 SCC 800). In that case the Supreme Court had taken notice of the appalling condition of public health in the State of U.P. and …Read more

Mr. X, the Petitioner,  was an armed reserve police constable and had applied for the post of stipendiary cadet trainee sub-inspector of police (civil). He passed the physical test and the written exam, on the basis of which he was provisionally selected for the post. During the medical examination, however, he tested positive for HIV. …Read more

KS Mathew, the Petitioner, was a Deputy Secretary in the Ministry of Civil Supplies when he retired. He was entitled to free medical aid under the Central Government Health Scheme (CGHS). After suffering a heart attack in 2001, he was admitted to Escort Heart Institute and Research Centre (EHIRC). EHIRC was a recognized hospital under …Read more

The petitioner was a widow whose husband was an employee of the respondent university before his death. The petitioner had an independent income of 7000 rupees per month. She filed a claim for the reimbursement of medical expenses incurred during the treatment of her husband. However, the respondent university refused this claim stating that she …Read more