Case Briefs Archives | Page 132 of 914

Tata Steel’s contribution of Rs. 212.52 cr made to Compensatory Afforestation Fund to be treated as Revenue expenditure:Bombay High Court reiterates

The Court held that contribution to Compensatory Afforestation Fund will be considered as revenue expenditure and not capital in nature

Case Briefs High Courts

Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers

“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”

Case Briefs High Courts

Chhattisgarh HC registers suo motu PIL based on news report highlighting lack of sufficient staff and experts at Cyber Police Stations

The Court opined that it is highly disturbing and a matter of great concern that the people are being misled, allured and deceived by the persons using digital technology and electronic devices which come under the category of cybercrime.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Homebuyers/Allottees with or without RERA orders are treated equally under Section 7(1) proviso (2) IBC: NCLAT

The NCLAT held that the appellant, having obtained a recovery certificate from RERA, qualified as Financial Creditors.

Case Briefs Tribunals/Commissions/Regulatory Bodies

BookMyShow is not receiving any consideration by allowing card companies to extend discount offers, thus not providing any service to them: CESTAT

“It is very simple in the accounting standards that unless invoice is raised consideration is not collected. Therefore, it is very clear from the record that the appellant was not receiving any consideration from card companies.”

Case Briefs Foreign Courts

[MeToo Movement] | Why NY Court of Appeals decided to reverse Harvey Weinstein’s conviction for multiple sexual crimes?

In 2017, prominent American newspapers reported stories of several women who accused Harvey Weinstein of sexual abuse, harassment, and using his influence as a Hollywood power broker to take advantage of young women. These revelations eventually kickstarted the ‘#MeToo Movement’.

Case Briefs High Courts

Delhi High Court rules on Hindu woman’s right over life estate of deceased husband as per his will

“In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands who may predecease them is an essential safeguard for their financial security during their lifetime.”

Case Briefs High Courts

Tragic death of 8-year-old prompts Allahabad High Court to take suo motu cognizance of open manholes and ducts around Lucknow

Allahabad High Court: In a suo motu cognizance of the issue of open manholes and ducts within the municipal limits of Lucknow,

Case Briefs High Courts

2022 Khargone communal riots incitement| MP High Court directs SHO to consider Congress Spokesperson Aminul Khan Suri’s complaint against BJP’s Kailash Vijayvargiya

The petitioner alleged that the BJP Minister Kailash Vijayvargiya shared a false video on X (Twitter) to incite the communal riots which erupted in Khargone during the Ram Navami in April 2022.

Case Briefs High Courts

Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC

“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”

Case Briefs High Courts

‘Compensation fixed as token’; Patna HC directs two Judicial Officers to pay Rs 100 each to a man for subjecting him to trial u/s 498-A IPC not maintainable against him

The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.

Case Briefs Supreme Court

Inside Supreme Court verdict on appointment of Technical Assistants as Assistant Engineers in Tamil Nadu PWD

Supreme Court said that the attempt of the Association of Engineers to grab all the posts available, even those apportioned for the candidates promoted from subordinate services, is totally unequitable.

Case Briefs High Courts

Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay

The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.

Case Briefs High Courts

Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court

The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.

Case Briefs High Courts

[Cash for Job Scam] Calcutta HC invalidates 24000 appointments secured through WB-SSC 2016 for State Fund Misappropriation for Illicit Employment

“Documents placed on record suggest that the State Government, at the level of the Cabinet had approved creation of the supernumerary posts to accommodate the persons who had received employment illegally in the selection process”

Case Briefs High Courts

Prescribing specific raaga/ tune for singing the State Anthem in qualified spaces, is not an arbitrary action by the State Govt: Karnataka HC

‘Jaya Bharata Jananiya Tanujate’ was penned by Kaviratna Kuppalli Venkatappa Puttappa ‘Kuvempu’, in 1930, which was adopted as State Anthem by the Government of Karnataka on 29-12-2003.

Case Briefs Supreme Court

Supreme Court directs Himachal Pradesh Govt. to reconsider grant of Child Care leaves to mothers, including making special provisions consistent with RPwD Act

Participation of women in the work force is not a matter of privilege, but a constitutional entitlement protected by Articles 14, 15 and 21 of the Constitution; besides Article 19(1)(g).

Employer’s financial capacity factor in fixing wage

Case Briefs Supreme Court

‘Employer’s financial capacity is a strong factor and cannot be ignored in fixing employee’s wage structure’: SC

The application of industry-cum-region test is the standard criteria, followed by the industrial adjudicator, while determining the revision of wages and other facilities, which implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region.

Case Briefs High Courts

‘Classic instance of triple identity’: Delhi High Court grants permanent injunction in favour of Heifer Project International in a trade mark infringement dispute

“Even after the termination of their contractual relationship and the explicit withdrawal of rights to use the plaintiff’s trademarks and logos, defendants have unauthorisedly continued use of their deceptively similar marks.”

Case Briefs High Courts

‘State Govt best authority to protect temple’s right’; Rajasthan High Court affirms Devsthan Department’s control over temple land acquisition compensation

Rajasthan High Court held that “the Commissioner, being a Treasurer is empowered to exercise its control over the Temple and also to receive compensation in lieu of acquisition of the Temple land.”