Case Briefs Archives | Page 130 of 914

Read why Madras High Court refused anticipatory bail to Gangster Rocket Raja

Madras High Court remarked that Tirunelveli is a communal prone area. It is only for the past few years; the city has been without any communal violences. During the ensuing parliamentary elections, any small spark may lead to a catastrophe.

Case Briefs High Courts

Ujjain Sinhast Terror Alarm | MP High Court refuses to suspend sentence of man accused of creating potential Communal Disturbance

The prosecution alleged that the appellant, along with a co-accused, conspired to create disturbance during the Sinhast occasion at Ujjain by leaving behind the bag with explosive substances and forged identity documents to falsely implicate a particular community.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Over 3000 missing girls in State of Andhra Pradesh | NHRC issues notice to Chief Secy, Govt. of Andhra Pradesh and DGP

Taking into consideration the gravity of the matter, the Commission directed the authorities concerned to submit their response within twelve weeks.

Case Briefs High Courts

‘Patwari is not God’; MP High Court directs to register FIR against Patwari for creating report to prove Former CM’s son title

Madhya Pradesh High Court held that Patwari may be a “demigod in the rural society but, he cannot supersede the legal provision”.

Case Briefs High Courts

Cattle Cruelty| Andhra Pradesh HC directs District Collectors of Kakinada and East Godavari to file report on safe keeping and transportation of cattle as per Government Order

The Court opined that some of the photographs annexed with the petition reflects a very sorry state of affairs. It reflects that number of dead animals in the cattle marketing area are being handled by cranes and other heavy machinery.

Case Briefs High Courts

Delhi HC quashes FIR against a man accused of fraud, forgery and fabrication of documents considering amicable settlement between parties

Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent 2 also states that he has settled the disputes with the petitioner out of his own free will, volition and without any coercion.

Case Briefs High Courts

Candidate not necessarily suffering from disability set out in RPwD Act but having special needs is entitled to reasonable accommodation: Madras HC

“If the facilities required by the petitioner are denied, she will not be able to take the examination, which would lead to discrimination that is forbidden by Article 14 of the Constitution of India.”

Case Briefs High Courts

Dismissal of complaint for non-appearance not justified when case is transferred without intimation: Rajasthan High Court

Rajasthan High Court held that power of the Magistrate under Section 256 CrPC to acquit an accused is “not to be indiscriminately exercised whimsically and mechanically for the statistical purposes of removing a docket from its rack as it undermines the cause of justice.”

Case Briefs High Courts

[Sexual Harassment] Accused being a police personnel cannot be a ground to presume that witnesses will not depose against him: Delhi HC upholds setting aside of dismissal order

The Court stated that only because respondent is police personnel, it cannot be a ground to hold him guilty without conducting the statutorily prescribed departmental enquiry and that too in a matter, where the complainant and the witnesses are also police personnel.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC upholds repudiation of claim by Aviva Life Insurance due to violation of ubberima fidei principle by the insured

The wife of the Deceased Life Assured had filed claims as the nominee of her husband’s life insurance policies. However, the claim was rejected as the DLA failed to disclose material facts while availing the policies, thereby violating the principle of ubberima fidei (utmost good faith)

Case Briefs High Courts

Bombay High Court directs State to provide information regarding effective implementation of Prohibition of Manual Scavengers Act, 2013

At present, as phase one, Bombay High Court directs that information be called from the Municipal Corporation of Greater Mumbai, Thane Municipal Corporation, Kalyan-Dombivali Municipal Corporation and MiraBhayander Municipal Corporation.

Case Briefs Supreme Court

[Financial Debt v. Operational Debt] SC clarifies when a ‘debt’ is considered as financial debt and operational debt under IBC

“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”

Case Briefs High Courts

Delhi Government, due to absence of the CM is at standstill; Delhi High Court rebukes State authorities over non availability of free textbooks and uniform

Non-availability of Chief Minister or non-formation of a Standing Committee or disputes pertaining to appointment of an aldermen by the LG or non-delivery of judgment by a competent Court or non-compliance of certain provisions of Delhi Municipal Corporation Act cannot come in the way of the school-going children receiving their free text books, writing material and uniform forthwith.

Case Briefs High Courts

Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers

The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.

Case Briefs High Courts

Calcutta High Court: Writ petition under Article 226 not maintainable against Bar Association; To be challenged before competent court of law

Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable.

Case Briefs High Courts

J&K and Ladakh HC directs resumption of defamation trial against Greater Kashmir vis-à-vis their articles alleging Rs 13 crore land sale by DAV School Management

It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.

Case Briefs High Courts

Can a married couple seek parenthood under Assisted Reproductive Technology (Regulation) Act, 2021 despite age constraints for one partner? Calcutta HC answers

“Section 21(g) makes no difference between a woman who approaches a clinic for taking resort to such technology individually and a woman who is one of the spouses of a commissioning couple approaching a clinic for similar purposes.”

Case Briefs High Courts

‘Unjustified perception that wife working as police officer can never be victim of domestic violence’; Delhi HC sets aside order discharging husband and his family of cruelty

“The essence of gender-neutrality must permeate through every line of a judgment, and a judge must cultivate thoughts that are inherently gender-neutral.”

Case Briefs High Courts

Bombay High Court upholds Cadbury’s termination decision for not being ‘employee’ under MRTU and PULP Act

Both Labour as well as Industrial Court have concurrently held that apart from performing supervisory nature of duties, the petitioner did not himself perform any manual, skilled, unskilled or clerical work.

Case Briefs High Courts

Inside Madras HC verdict declaring TN Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2010 as unconstitutional

“Amendment to the TNPP Act, `1975 in the year 2010, bringing within its realm the Waqf properties, would be a dead letter, inoperative and non-est. Any action taken by the Estate Officer in respect of the Waqf property, resorting to the TNPP Act, 1975, would be coram non judice, non est and void.”