Case Briefs Archives | Page 106 of 914

Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation

‘The D.G.P., U.P., Lucknow is directed to file affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing’

Case Briefs High Courts

[Land Acquisition] Bombay HC directs Municipal Corporation to follow MRTP Act to acquire church’s land reserved for public purposes

The Court stated that until the Municipal Corporation resorted to appropriate procedure in law to acquire the disputed land, it should not disturb the peaceful possession of the Church in any manner whatsoever.

Case Briefs High Courts

[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA

The Court referred to Govind Sakharam Ubhe v. State of Maharashtra, 2009 SCC OnLine Bom 770, wherein it was held that the charge under MCOCA ropes in a person who as a member of the syndicate commits organised crime either individually or jointly.

Case Briefs High Courts

Punjab and Haryana HC allows student accused in murder case to appear for LLM Exams for being an outstanding and meritorious student

The Court stated that if petitioner is not permitted to give the exams, it will cause irreparable loss to the petitioner, as he will not be able to complete his LLM and the same will jeopardize his future.

Case Briefs Supreme Court

Mesne Profits on continuation of possession payable only after ‘expiry of lease’ or even after ‘determination, forfeiture or termination’? SC answers

In the matter at hand, the Court directed the tenant to deposit Rs.5,15,05,512/-, considering the location of the demised premises in the heart of Kolkata, the rent, the alleged non-payment of rent, the default in payment of interest, as alleged.

Case Briefs High Courts

Rajasthan High Court issues notice to NTA and Union of India seeking reply on NEET-UG 2024 exam’s cancellation

The Court adjourned and scheduled the matter on 10-07-2024, thereby allowing the respondents time to file their replies.

Case Briefs High Courts

‘Deceased was a brilliant student’; Punjab and Haryana HC enhances compensation granted by Motor Accident Claims Tribunal for accidental death of nine-year-old child

The Court stated that the appellants were entitled to the compensation on the count of ‘loss of consortium’, ‘loss of dependency’, ‘loss of estate’ and ‘funeral expenses’.

Case Briefs High Courts

Court is required to look only into existence of the arbitration clause at the stage of appointing arbitrator u/s 11 of Arbitration Act: Jharkhand HC

The respondent raised an objection to the maintainability of the present application on the ground that the petitioner being an agent governed under Section 48 of the Bihar Cooperative Societies Act, 1935, was required to approach the Registrar of the Cooperative Societies for initiating a dispute resolution proceeding.

Case Briefs High Courts

Orissa HC upholds Forest Rangers’ promotion who were promoted through reservation under OFS Group A (JB), 2013

“Denial of consideration of the cases of the appellants, who had completed five years of continuous service in the rank of OFS Group-A (JB) for their promotion in the rank of OFS Group-A (Senior), would amount to nullifying their promotions to the rank of OFS Group-A (JB) from the post of Forest Rangers, without following due procedure.”

Case Briefs High Courts

‘Barred by delay and laches’; Delhi High Court dismisses petition challenging tender award passed by Indian Oil Corporation

The Delhi High Court said that the issuance of a commitment letter does not make the issuer a ‘bidder’ in the tender process.

Case Briefs High Courts

Writ Court may award compensation on account of breach of public duty, in addition to claim under civil action based on tort: Punjab and Haryana HC

The Court awarded an interim compensation amounting 5 lakhs rupees to the petitioner on account of death of the petitioner son due to contributory negligence by the petitioner and the respondent-department.

Case Briefs High Courts

Delhi High Court grants legal protection to a trans-woman facing Gender Dysphoria

When X was examined at IHBAS, she had expressed distress about her “male body parts” and reiterated before the doctor that she identified herself as a female. The doctor also noted the symptoms of anger outburst and anxiety with apprehension of impulsive self-harm.

Case Briefs High Courts

Can adopted child’s biological family claim share in his property as legal heirs? Madras HC answers

Madras High Court said that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption

Case Briefs High Courts

[Delhi Excise Liquor Policy] Delhi HC stays Trial Court’s order granting bail to Delhi Chief Minister Arvind Kejriwal

The Court stayed the bail granted to Kejriwal by the Trial Court on 20-06-2024, on the ground that the averments of ED and relevant materials were not appropriately appreciated.

Case Briefs High Courts

Can mandate of arbitral tribunal be extended u/s 29A of the Arbitration Act, even after expiry of such mandate? Delhi HC answers

Section 29A of the Arbitration and Conciliation Act, 1996, empowers Courts to extend mandate of arbitral tribunals beyond the specified limitation.

Case Briefs High Courts

Court must give reasons for releasing the amount under Section 19 of MSME Act, 2006: Telangana High Court

The Court is empowered to permit release of such percentage of amount under Section 19 of the MSME Act, 2006, deposited to the supplier as it considers reasonable under the circumstances of the case, subject to such condition as it deems necessary to impose.

Case Briefs High Courts

Bombay HC acquits four gang members convicted of murdering and attempting to murder rival gang members

The Court held that the benefit of reasonable doubt shall be given to the appellants and therefore partly allowed both the appeals, by acquitting them under Section 302 of IPC, and releasing the incarcerated appellants sentenced under Section 307 of IPC, for having served the ordered sentence period.

Case Briefs High Courts

High Court does not function as a Court of Appeal or Revision while exercising jurisdiction u/s 482 of CrPC: Uttaranchal High Court

The Court opined that inherent jurisdiction under Section 482 of CrPC though wide should not be capriciously or arbitrarily exercised but should be exercised in appropriate cases to do real and substantial justice. Thus, quashing of charge sheet or setting aside summoning order on appreciation of evidence is not justified.

Case Briefs Supreme Court

S. 14(1) Hindu Succession Act | Hindu female must have both possession and acquisition to establish full ownership of undivided joint family property: SC

“Such acquisition must be either by way of inheritance or devise, or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by her own skill or exertion, or by purchase or by prescription.”

Case Briefs High Courts

Delhi HC restrains South Infosys Limited from using mark ‘INFOSYS’ in its corporate/trade name

The Court restrained Southern Infosys Limited from using the mark ‘INFOSYS’ as part of their corporate/trade name or in any other manner amounting to infringement of the Plaintiff’s trademarks.