Case Briefs Archives | Page 103 of 914 | SCC Times

Delhi High Court

Case Briefs High Courts

‘Suffered undeserved legal injury to her reputation’; Delhi HC orders TMC MP Saket Gokhale to pay Lakshmi Puri Rs 50 lakh damages for defamatory tweets alleging financial impropriety

“It is necessary to draw a distinction between a person’s financial affairs being open to public scrutiny, by requiring disclosure or clarification through legitimate means, which may not amount to defamation; and a person being subjected to vilification and to baseless and false ignominy, by asking tendentious questions laced with innuendo.”

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Donald Trump immunity criminal prosecution dissenting opinion

Case Briefs Foreign Courts

Explained | SCOTUS Dissent on Absolute Immunity for former US President Donald Trump from criminal prosecution

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

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Orissa High Court

Case Briefs High Courts

‘Reluctance to marry after engagement cannot be made penal offence’; Orissa HC quashes Trial Court’s cognizance order for offence u/s. 306

“The case unveils the kind of damage caused in the minds of young people due to societal pressure, particularly in this age where psyche of the society as a whole is dominated by internet and social media platforms. It is unfathomable that a highly educated young girl, who was pursuing her Ph.D in Electrical Engineering, could even thought of taking her own life.”

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Madras High Court

Case Briefs High Courts

Madras HC takes suo motu cognizance of Kallakurichi hooch tragedy; Directs Registry to place matter before Acting Chief Justice

“The people inhabiting the Kalvarayan hills are from economically and socially backward sections of the Society and their fundamental right to life under Article 21 of the Constitution need to exercised to the fullest.”

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Bombay High Court

Case Briefs High Courts

‘A person belonging to LGBTQ+ community is vulnerable to ridicule, harassment in jail’; Bombay HC grants bail to man accused of child trafficking

The applicant contended that their gender identity and medical condition made them vulnerable to harassment and ridicule in society and in jail.

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Jharkhand High Court

Case Briefs High Courts

‘Totally illegal, arbitrary and whimsical’; Jharkhand HC directs State to pay Rs 5 lakh compensation for illegal demolition of shops

The Court stated that even though the right to property is no longer a fundamental right and was never a natural right, it must be accepted that without the right to property, other rights become illusory.

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Delhi High Court

Case Briefs High Courts

Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam

The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.

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Telangana High Court

Case Briefs High Courts

‘Preposterous to assume that Chief Minister of State will personally handle twitter for posting trivial, casual tweets’: Telangana HC dismisses plea to register FIR against CM

As per petitioners, the Chief Minister is responsible for tweeting fake circular of closure of hostels and messes in the Osmania University due to acute shortage of water and electricity.

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Orissa High Court

Case Briefs High Courts

‘Awards of Lok Adalat are not independent verdict, should strive to function as conciliators and have no jurisdiction to try policy matters’: Orissa HC

“The Lok Adalat should resist their temptation to play the role of regular Judges rather they should constantly strive to function as conciliators. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of justice.”

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Donald-Trump-Absolute-Immunity-from-criminal-prosecution

Case Briefs Foreign Courts

[Trump v. United States] Former US Presidents have Absolute Immunity for actions within Conclusive and Preclusive Constitutional Authority: SCOTUS

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury on four counts for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

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Rajasthan High Court

Case Briefs High Courts

‘Article 21 includes right to safe and healthy food’; Rajasthan High Court issues interim measures to curb food adulteration

“Food adulteration is an increasingly recognized global public health problem… Adulteration or contamination of natural food product is one of the major challenges in today’s society.”

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Madras High Court

Case Briefs High Courts

Madras HC directs State Bar Council to expedite elections for Egmore Court Advocate’s Association

“In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities.”

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Kerala High Court

Case Briefs High Courts

Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty

“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”

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Andhra Pradesh High Court

Case Briefs High Courts

Andhra Pradesh HC directs State authorities to file details regarding implementation of electronic monitoring and enforcement of road safety

The Court also directed that the Legal Services Authority and the police authorities to start campaigns to highlighting the evil effects on account of non-usage of the protective headgear.

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Madras High Court

Case Briefs High Courts

Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC

“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”

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Madhya Pradesh High Court

Case Briefs High Courts

Waqf Tribunal has no jurisdiction to decide pre-Waqf Act suits pending before civil courts: MP High Court

Section 7(5) of the Waqf Act, 1995 states that the Wakf Tribunal does not have jurisdiction over matters that were already the subject of a suit or proceeding in a civil court before the commencement of the Act.

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Calcutta High Court

Case Briefs High Courts

Calcutta High Court refuses to consider order of the U.S. Bankruptcy Court for binding Trial Judge to stay anti-arbitration suit

The Calcutta High Court said that the principle of comity of nations and comity of courts had been recognized by the Indian Courts by giving adequate weightage to orders or decrees of a foreign court while deciding any proceeding in a domestic court.

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Bombay High Court

Case Briefs High Courts

Relationship between two adult individuals does not justify sexual assault on partner: Bombay High Court

A relationship may be consensual at the beginning, but the same state may not remain so for all time to come. Whenever one of the partners show their unwillingness to indulge in a sexual relationship, the character of the relationship as ‘consensual’ ceases to exist.

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Calcutta High Court

Case Briefs High Courts

Age Evidence Must Be Assessed Before Ordering Ossification Test; Calcutta High Court remands Compassionate Appointment Application

The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.

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Delhi High Court

Case Briefs High Courts

‘Non-filing of certificate at relevant stage is a curable defect’; Delhi HC sets aside order dismissing to take on record certificate u/s 65-B of IEA

The Court stated that certificate under Section 65-B of the IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.

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