Case Briefs Archives | Page 136 of 914

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC sets aside SCDRC’s Rs 1 Lakh compensation order against Honda Cars due to lack of expert opinion on non-deployment of the airbags

NCDRC pointed out that the State Commission’s finding that non-deployment of the airbags when the respondent’s car crashed, warranted punitive damages, was not based on any finding of fact or legal precedent.

Case Briefs High Courts

Convicts under MCOCA can’t be excluded from availing the benefits of 2006 State Remission Policy: Bombay HC

The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.

Case Briefs Supreme Court

Candidature rejected for late submission of OBC certificate| SC grants ad interim relief, allows participation in selection process of Navik in Indian Coast Guard

The candidate had secured 88 marks, which was more than the cut-off of 84 marks in the ‘general category’ and 82 marks in the ‘OBC category’.

Case Briefs High Courts

Handling of Cargo in Customs Areas Regulations, 2009 is ultra vires the Customs Act, 1962: Telangana High Court

The High Court observed that the levy of cost recovery charges, i.e., salaries payable to customs staff deployed at the Airport, is an administrative charge and is a tax and hence, it cannot be exacted from GMR Hyderabad International Airport Ltd. without any statutory provision.

Case Briefs High Courts

‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child

“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”

Case Briefs High Courts

Courts will do well in not ordering concurrent running of sentences for serial offenders accused of heinous crimes: Punjab and Haryana High Court

“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”

Case Briefs High Courts

Madhya Pradesh High Court affirms decision to close ‘Scrap Sleepers Lifting’ contract and forfeiture of deposited money

Madhya Pradesh High Court rejected the petitioner’s argument for voiding the contract under Section 56 of the Contract Act, 1872, and found the failure to lift scrap was attributable to the petitioner.

Case Briefs High Courts

‘Take steps to inculcate discipline in Advocates’; Telangana HC directs State Bar Council after advocate uses high-pitched, intimidating voice

The counsels who adopt such practices, jeopardize the harmony with the Bench along with their professional careers, by ignoring the fact that they are not only required to conduct the case in a fair manner, but while doing so they are also officers of the Court.

Case Briefs Supreme Court

Supreme Court issues show cause notice to two NCDRC members for issuing non-bailable warrants despite SC’s interim protection

By the interim order, the Supreme Court had restrained the NCDRC from taking any coercive steps against Ireo Grace Realtech

Case Briefs High Courts

‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor

The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.

Case Briefs High Courts

Telangana HC directs fresh exam, both in English and Telegu languages to recruit teachers for Residential Educational Institutions Societies

The Notification No. 6/2023 dated 5-4-2023, issued by Telangana Residential Educational Institutions Recruitment Board, inviting applications for the post of Art Teacher categorically mentioned at Para (1)(v) that the question paper is bilingual i.e., English and Telugu.

Case Briefs High Courts

Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order

‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’

Case Briefs High Courts

Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity

Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.

Lexis Nexis Labour Court of South Africa

Case Briefs Foreign Courts

Criminal history is not relevant to the inherent requirement of a job: Labour Court of South Africa

The Court held that Lexis Nexis’ decision to deny the applicant the job of Senior Data Discovery and Enrichment Expert I, on the sole basis of his criminal history, constituted unfair discrimination.

Case Briefs High Courts

[POCSO Act] Charge of penetrative sexual assault can be made on some degree of insertion; non-tear of hymen of no consequence: Gauhati HC remands matter back to Trial Court

The version of the informant/victim must be considered with utmost care before discerning it. In fact, if the version of the informant/victim inspires confidence and appears to be trustworthy, credible, unblemished and of sterling quality, no further corroboration is required.

Case Briefs Supreme Court

Supreme Court verdict on ‘confiscation’ under Gujarat Prohibition Act and application of S. 451 CrPC on seized property

“Approaching the High Court directly under Articles 226/227 of the Constitution seeking release of the seized vehicle without approaching the Magistrate under Section 451 of the CrPC is not proper course of action.”

Case Briefs Foreign Courts

[Downgrading of Prince Harry’s Security] | UK HC directs the Duke of Sussex to pay 90% of reasonable costs to the Home Department for the legal expenses incurred

The instant costs order is in addition to successive series of orders passed by the English courts in the matter of Prince Harry, Duke of Sussex, who had stepped down from being a senior royal; thereby having his public-funded security downgraded whilst visiting the UK.

Case Briefs Supreme Court

Supreme Court upholds acquittal in 16-year-old cheque dishonour case; Says complainant failed to show if any sum was advanced towards financial assistance

“Both the appellate fora, on-going through the evidence did not find existence of any ‘enforceable debt or other liability’. This strikes at the root of the Rajco Steel’s case”

Case Briefs High Courts

Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night

Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.

Case Briefs Supreme Court

Supreme Court invokes power under Article 142 of the Constitution to grant mutual consent divorce

Supreme Court directed the parties to withdraw all the cases pending between them.