Case Briefs Archives | Page 134 of 914

Supreme Court sets aside NCDRC order against YRF for not including ‘Jabra Fan’ song in movie; says promotional trailers not binding offers

“Promotional trailers are unilateral and are only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer. A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship.”

Case Briefs High Courts

Existence of ‘Mens Rea’ is essential requirement for conviction under Section 276CC of Income Tax Act: Rajasthan High Court

Rajasthan High Court held that the Income Tax Department failed to prove that there was ‘Mens Rea’, i.e., willful attempt to evade any tax, penalty or interest chargeable on part of the respondent.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Maternity leave cannot be denied during probation period : Maharashtra Administrative Tribunal

Period of probation should not be an obstacle in the seniority of a woman who wants to be a mother

Case Briefs High Courts

A Will must be the product of free volition; Conscience of the Court must be satisfied when genuineness of Will is questioned, says Bombay High Court

“When the genuineness of a Will is called into question, the conscience of the Court has to be satisfied that the Will is not only executed and attested in the manner required, but also that the same was the product of free volition of the executant.”

Case Briefs Supreme Court

Supreme Court invokes power under Art. 142 of Constitution to allow abortion of 14-year-old rape survivor

Supreme Court noted that medical termination of pregnancy is sought for a minor who is 14, and this pregnancy is alleged to be an emanation from a sexual assault, and that the minor was unaware of the fact that she was pregnant until a very late stage.

Case Briefs High Courts

Delhi High Court addresses Yamuna River environmental crisis on waterlogging and flooding; Issues directives

Delhi has been facing the fury of river Yamuna in spate year after year with last year, 2023, being particularly bad. Waterlogging, flooding and related collapse of civic services have become perennial issues.

Case Briefs High Courts

Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC

The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.

Case Briefs High Courts

Suspension of democratically elected persons due to political vendetta weakens foundation of democracy: Rajasthan High Court

Rajasthan High Court held that passing of the suspension order casually in case of elected representatives adversely affects the public at large.

Case Briefs High Courts

Karnataka HC dismisses petitions challenging complete ban on sale of Hookah in any public place in the State

“It is a fact that a session of hookah is more harmful than a pack of cigarettes (…) If it is 200 puffs per session, it is equivalent to 100 cigarettes, in any of these sessions. Hookah, is, as addictive as a cigarette; as harmful as a cigarette; has the same chemicals as a cigarette”.

Case Briefs Supreme Court

Supreme Court imposes Rs. 5 lakhs cost on Telangana for abdication of duty to protect and preserve forests

“Human beings indulge themselves in selective amnesia when it comes to fathom the significance of forests. It is the forests which give life to the Earth by replacing carbon dioxide with oxygen, thereby providing a hospitable environment for the steady growth of diverse life forms.”

Case Briefs High Courts

Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident

Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence

Case Briefs High Courts

Delhi High Court dismisses PIL seeking extraordinary interim bail for Arvind Kejriwal; imposes cost of Rs. 75,000

“Petitioner’s claim to be custodian and representative of the people of India, is nothing but a fanciful claim which is devoid of any basis.”

Case Briefs High Courts

Manohar Parrikar Institute for Defence Studies and Analyses is an ‘instrumentality of State’ under Article 12 of the Constitution: Delhi High Court

An entity is required to be tested on three parameters namely, (a) financial, (b) functional, and (c) administration for its inclusion as ‘other authority’ in Article 12 of the Constitution.

Case Briefs High Courts

Rajasthan High Court stays Single Judge’s directive on ‘Chaotic’ Cause List Segregation until a later date

Rajasthan High Court permitted the Registry to bring to the Chief Justice’s attention any inconveniences expressed by the Single Judge regarding the impugned order for consideration.

Case Briefs High Courts

3 years practice or 70% marks in bachelor’s degree mandatory for Civil Judge exam: MP High Court upholds validity of amendment in MP Judicial Service Rules

“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”

Case Briefs High Courts

Madras High Court directs MoHFW to issue circular to all hospitals to find out blood alcohol level in drunk driving cases

Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.

Case Briefs High Courts

Gauhati HC directs State to file affidavit indicating results of tests conducted by Nodal Agencies to check formaldehyde use in imported fish

Though the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; and Dibrugarh University had found chemical formaldehyde in fishes, the Fishery Department in its survey found all the samples to be negative.

Case Briefs High Courts

Force Majeure | Rajasthan High Court waives contractual fees payable to Gram Panchayat during “unforeseen” COVID-19

Rajasthan High Court held that the Court must consider Unforeseen Circumstances in Contract Disputes, thereby, balancing equity for a just decision.

Case Briefs High Courts

‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter

“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”

Case Briefs Foreign Courts

Imposing penalties to discourage Trade Union members to participate in lawful strikes; UKSC declares S. 146 of TULRCA to be incompatible with Art. 11 of ECHR

The Court held that S. 146 of TULRCA is incompatible with ECHR Convention insofar as it fails to provide any protection against penalties, intended to deter trade union members from taking part in lawful strike action organised by their trade unions.