Case Briefs Archives | Page 146 of 914

Orders passed by tribunals under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also amenable to challenge under Article 227: Delhi High Court

The orders passed by the tribunals and the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution.

ECJ fingerprints for ID cards false id cards

Case Briefs Foreign Courts

Obligation to insert fingerprints into the storage medium of ID cards is compatible with objectives of combatting the production of false ID cards: ECJ

The ECJ stated that obligation to insert fingerprints into the storage medium of identity cards constitutes a limitation of the fundamental right to privacy and protection of personal data, which are guaranteed by the ECHR.

Case Briefs Supreme Court

Enforcement of foreign awards may be refused for bias only in exceptional circumstances: Supreme Court

Supreme Court upheld the High Court’s decision and emphasised the need for early enforcement of the foreign award by the competent forum.

Case Briefs High Courts

[Eveready v Everyday] Delhi High Court grants ad interim injunction in favour of Eveready Industries for trademark infringement

The case arises from the alleged infringement of Eveready’s trademarks by the defendants. Eveready contends that the defendants’ use of the mark “EVERYDAY” for electric gas lighters is deceptively similar to Eveready’s “EVEREADY” trademark.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Notice should be served at Company’s registered office: Maharashtra SCDRC in Consumer Case against Decathlon

SCDRC opined that the submissions made by the complainant for serving notice at the Branch Office could not be considered.

Case Briefs High Courts

Deputy Colonization Commissioner not empowered to make reference under Section 232 of Rajasthan Tenancy Act: Rajasthan High Court

Rajasthan High Court set aside the reference made by Deputy Colonization Commissioner, Bikaner.

Case Briefs High Courts

Article 30 does not give power to the State Government to establish Educational Boards; Allahabad High Court holds UP Madarsa Education Act unconstitutional

“A perusal of syllabus of the Madarsa Board shows that the education provided therein is only of languages and Islam as a religion with a little touch of maths etc. The modern subjects including science are only optional and entire school education can be completed without studying modern subjects.”

Case Briefs High Courts

Wife openly humiliating husband, calling him impotent in front of family members amounts to mental cruelty: Delhi HC grants divorce to husband

A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.

Case Briefs Foreign Courts

Air carriers may reimburse through vouchers instead of cash for flight cancellations: ECJ

Upon the cancellation of a flight by the air carrier, the passenger will be deemed to have consented to reimbursement through a travel voucher when they fill a form online with the said carrier, and foregone the monetary means to reimbursement provided the carrier informed the passenger of other means available to them for reimbursement.

Case Briefs High Courts

Delhi High Court passes dynamic injunction in favour of Viacom 18, restraining rogue websites from illegally streaming IPL Events

It is essential for the legal framework to remain vigilant and responsive to challenges presented by digital piracy, ensuring that protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding rights and interests of rightful owners.

Case Briefs Supreme Court

‘Gross violation of mandate under JJ Act’: Supreme Court reverses POCSO conviction

Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.

Case Briefs High Courts

Husband put on higher degree than wife is unacceptable; Calcutta High Court grants restitution of conjugal rights to wife

“It is a collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life and mutual respect to the decision of each other appears to be the hallmark of the society. Even the Constitution recognises equality in gender and, therefore, the husband to be put on higher degree than that of the wife is unacceptable.”

Case Briefs High Courts

“Transfer an incidence of service; can’t be challenged without prejudice”; Rajasthan High Court refuses to interfere with transfer order

“An employee on the strength of the transfer policy cannot claim that he cannot be transferred in any manner whatsoever, even when no prejudice has been caused to him.”

Case Briefs High Courts

Equal Pay for Equal Work | Equality is not to be based solely on designation or nature of work; J&K and Ladakh HC reiterates

The High Court stated that that the person who asserts that there is equality in work has to prove the same first.

Case Briefs Supreme Court

Supreme Court grants bail to 25-year-old man after over 16 months of incarceration in rape case

The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.

Case Briefs High Courts

Affidavit of Disclosure required to be filed by wife in maintenance cases, despite ex parte order on husband; Jharkhand High Court

Even if the proceeding was ex-parte against the petitioner, still the required affidavit was to be filed by the wife so as to find out her assets/liabilities/source of income etc.

Case Briefs Supreme Court

Supreme Court sets aside order directing Bloomberg to remove article on Zee Entertainment

“The grant of a pre-trial injunction against the publication of an article may have severe ramifications on the right to freedom of speech of the author and the public’s right to know.”.

Case Briefs High Courts

Rajasthan High Court permits ‘Genius College of Nursing’ to admit additional students in B.Sc Nursing Course for 2023-2024

Rajasthan High Court noted that both the State Government and the Rajasthan Nursing Council had retrospectively grant affiliation for 60 seats for the B.Sc Nursing Course.

Case Briefs Supreme Court

Can Court impose bail condition restricting involvement in political activities? – Supreme Court answers

Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.

Case Briefs High Courts

Calcutta High Court affirms Single Bench’s Interim Order protecting Daily Wage Workers from termination amid tender process

Calcutta High Court opined that the Single Bench had appropriately safeguarded the interests of both parties by restraining termination pending the final outcome of the writ petitions.