Case Briefs Archives | Page 138 of 914

Bombay HC allows acid attack victims to seek compensation beyond limitation period provided in Maharashtra Victim Compensation Scheme

Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.

Case Briefs High Courts

‘Orders passed by UK Court enforceable in India as per Sections 13, 44-A of CPC’: Delhi HC permits TWC Aviation Capital to inspect aircraft frames leased to SpiceJet

Keeping in view the principles of Comity of Courts and that a substantial sum of money is due from SpiceJet Ltd. to TWC Aviation Capital Ltd., the Aircrafts and the engines deserve to be secured.

Case Briefs Supreme Court

SC enhances Motor Vehicle accident compensation awarded by MP High Court; Says percentage of disability reduced on surmises & conjectures

“Compensation awarded under the head ‘loss of income’ towards permanent disability deserves to be enhanced by construing the whole-body disability at 17%.”

Case Briefs High Courts

[S. 115 CPC] | ‘The Pension Act, 1871 not enforced in Sikkim’; Sikkim High Court holds that claims to be made under State Pension Rules

The Court held that the Sikkim Government Pension Rules do not prohibit the revisionist from entering into a compromise deed with the respondent, therefore, the former is bound by the deed.

Climate Change Swiss Administration reduce greenhouse gas emissions

Case Briefs Foreign Courts

[Climate Change] Switzerland failed to comply with its positive obligations under ECHR Convention; Failed to reduce greenhouse gas emissions: ECHR

In a landmark ruling, the 17-Judge Grand Chamber of the Court found that there were critical gaps in the process of putting in place relevant domestic regulatory framework vis-à-vis climate change and that Switzerland had failed to meet its greenhouse gas emission reduction targets.

Case Briefs High Courts

Maintenance cannot be denied solely because wife is leading modern lifestyle: Madhya Pradesh High Court

Madhya Pradesh High Court deliberated on whether morality could supersede legal provisions and questioned if leading a modern lifestyle could be deemed immoral.

Case Briefs High Courts

Union of India clarifies five percent IGST rate for import of dialysis machines in a petition before Delhi High Court

Respondents further submits that IGST rate of five percent is also applicable for “Artificial Kidney” and “Disposable sterilized dialyzer”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Interim relief to Deccan Charters; NCLAT stays Corporate Insolvency Resolution Process

The NCLT admitted Section 7 IBC application against the Deccan Charters, Air Charter Company over a default of approx. Rs. 9 Crore 82 Lakhs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT seeks comprehensive plan from CPCB addressing Environmental Compensation Fund misuse and Health Hazards of Air Pollution

The National Green Tribunal expressed doubt about the permissibility and potential misuse of Environmental Compensation funds by CPCB, specifically for road construction by local bodies like GMC.

Case Briefs High Courts

Protestors hiding behind a shield of religious legitimacy by placing Guru Granth Sahib is no reason for State to not act against them: Punjab and Haryana High Court

“On account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the Tri-city and the misery is continuing.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds Resolution plan and affirms parties’ right to seek redress for ‘reliefs and concessions’ in Competent Court

The NCLAT upheld the grant of reliefs and concessions regarding shared utilities and services in Resolution Plan to facilitate the smooth and successful implementation of the Resolution Plan.

Case Briefs High Courts

No bar on political parties under Articles 243-ZA or 243-R of the Constitution from contesting municipal elections: Delhi High Court

The backbone of the Indian democracy are the people itself, who go on to choose their representative by way of direct election.

Case Briefs High Courts

‘Hindrance to traffic, free movement of people not a ground to reject permission for conducting political rallies’; Madras HC allows BJP President JP Nadda to conduct rally from alternative route

Madras High Court directed the District Secretary to comply with the conditions imposed by the Election officer and Police, and all the parties were directed to ensure that the rally takes place peacefully without giving rise to any law-and-order problem

Case Briefs High Courts

Delhi High Court rejects VCK party’s petition to allot “POT” symbol for contesting 2024 General Elections

“Petitioner has simply mentioned the numerical number of constituencies it intends to contest without complying with the mandatory provisions of the Election Symbols (Reservation and Allotment) Order, 1968”

Case Briefs Supreme Court

Supreme Court allows husband’s plea for Potency Test on wife’s claim of his impotency

Supreme Court said that as the husband is willing to undergo potency test, the High Court should have upheld the order of the Trial Court to that extent

Case Briefs High Courts

‘Duty of prosecution to examine Magistrate who conducted TI parade’; Orissa HC acquits dacoity convicts after severe lapses

“Non-examination of the Magistrate strikes a severe blow not only on the prosecution’s case but also on justice as irregularities committed in TI parade cannot be canvassed and discussed by the Trial Court in his absence from the witness box.”

Case Briefs High Courts

Not providing food to married woman over dowry demands constitutes physical & mental harassment: Madhya Pradesh High Court

Regarding the timing of the FIR in relation to the divorce petition, the Madhya Pradesh High Court held that the pendency of a civil proceeding does not bar criminal proceedings.

Case Briefs Supreme Court

‘Voter’s right to know not absolute’; SC upholds Karikho Kri’s 2019 election from Tezu Assembly

“Not necessary for a candidate to declare every item of movable property that he or his dependent family members owns, such as, clothing, shoes, crockery, stationery and furniture, etc., unless the same is of such value as to constitute a sizeable asset.”

Case Briefs High Courts

[NH 39] Debarment/Blacklisting notice can cause civil death of business; following principles of natural justice a must: Delhi HC sets aside order declining suspension of debarment

Debarment encompasses a broader scope than termination, as it can prohibit an entity from entering into any contracts with a company altogether, rather than just ending one specific contract, as is the case with termination.

Case Briefs Supreme Court

‘Mere absence of motive does not impinge testimony of reliable eye-witness’; SC upholds conviction in 1993 day-light murder case

“The lack or absence of motive is inconsequential when direct evidence establishes the crime.”