Case Briefs Archives | Page 155 of 914

“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act

The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.

Case Briefs High Courts

Can candidates be allowed to change category after initiation of recruitment process because of subsequent widowhood, disability?; Raj HC refers matter to larger bench

“Such incidents, including the one involved in the present case, is an Act of God, actual prediction or otherwise whereof, by any stretch of imagination, cannot be within the domain of an individual aspirant or an employer/recruiter.”

Case Briefs High Courts

[GOLD STEP v. GOLD FLAKE] Delhi High Court grants ad-interim injunction to ITC Ltd for its mark ‘GOLD FLAKE’ in relation to cigarettes

“Since defendants are using different marks on outer packaging of the impugned products and identical roundel devices on the individual cigarette sticks, the Local Commissioner is permitted to open cigarette packs to inspect the logos/devices on the individual cigarette sticks.”

Case Briefs District Court

Application under Section 12 DV Act cannot be transferred to Family Court u/S 408 CrPC; Delhi Court reiterates

The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice.

Case Briefs Supreme Court

Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’

Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.

Case Briefs High Courts

Complaint for dishonour of cheque to be filed within one month from the date on which cause of action arose: Allahabad HC upholds summoning order

Allahabad High Court said that the petitioner had 15 days’ period to make the payment from the date of receipt of notice, on 08-01-2020, and the said period expired on 23-01-2020. Therefore, the cause of action for filing the complaint arose on 23-01-2020, as per clause (c) of the proviso of Section 138.

Case Briefs Supreme Court

‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period

Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.

Case Briefs Supreme Court

[Pakhro Tiger Safari Project] SC directs MoEFCC to establish committee for environmental restoration and cost evaluation in Jim Corbett Park

“This is a classic case that shows how the politicians and the bureaucrats have thrown the public trust doctrine in the dustbin.”

Case Briefs High Courts

A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife

Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.

Case Briefs Supreme Court

Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities

A social activist group dedicated to the common cause for imparting education to the children, alleged that several schools in the district of East and West Champaran were in bad condition.

Case Briefs High Courts

‘Aggrieved parties in cases of Doxing cannot be rendered remedy-less’; Delhi High Court directs X to reveal subscriber information

The term ‘Doxing’ comes from the phrase ‘dropping documents’ or ‘dropping dox’ on someone, which appears to have originated in 1990s, that involved uncovering and revealing the identity of people who fostered anonymity.

Case Briefs High Courts

Whether state-funded ‘public trust institution’ obligated to provide ‘information’ under RTI? Bombay High Court clarifies

A Full Bench was constituted to consider whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act 1950, which is running an institution that receives a grant from the State is duty bound to supply information sought from it under provisions of Right to Information Act 2005.

Case Briefs High Courts

Deductions such as PF/LIC premium can’t be considered while calculating husband’s salary in determining quantum of maintenance: Karnataka HC

The High Court cautioned that if consideration of such artificial deductions is allowed, then in every petition under Section 125 of CrPC there would be tendency by the husband to show lesser salary with an intention to mislead the Courts so as to avoid giving maintenance.

Donald Trump Colorado Supreme Court presidential primary ballot SCOTUS

Case Briefs Foreign Courts

SCOTUS reverses Colorado Supreme Court’s decision to remove Donald Trump’s name from the state’s presidential primary ballot

In a unanimous verdict, the SCOTUS held that power to enforce Section 3 of 14th Amendment to the US Constitution against federal officeholders and candidates, lies with the Congress rather than the States.

Case Briefs Supreme Court

24 years after a woman’s suicide, Supreme Court finds no evidence to convict accused for abetting the same

Supreme Court raised doubts that if prosecution version was to be believed, there had to be presence of syringe and needle or a container at the scene of occurrence.

Case Briefs High Courts

Delhi High Court upholds ‘first-come-first-served’ basis to allot free election symbols to unrecognized parties

“Petitioner is seeking to retain an advantage for the registered unrecognized political parties to get continued access to a particular free symbol and therefore indirectly converting a free symbol into a reserved symbol.”

Case Briefs High Courts

‘Where corporate character is employed for defrauding others, Court should pierce the corporate veil’: Allahabad HC refers Cloud 9 Projects cheating case to ED

“We cannot keep our eyes shut and be a mere mute spectator of the fraud, which the builders have played on the home buyers and Noida Authority”

Case Briefs High Courts

Custom duties and charges shall not be levied on medicines, drugs and therapies for rare diseases: Delhi High Court

“Whenever medicines are brought in respect of rare diseases, the custom authorities shall ensure that the same are cleared expeditiously and no unnecessary impediments are caused in ensuring that the same reach the hospital concerned.”

Case Briefs High Courts

Orissa HC declares nomination and election of Congress MLA Mohammed Moquim, as void

“A responsible man seeking election to the House of the State Legislature is not expected to file his nomination whimsically without verifying the contents thereof.”

Case Briefs High Courts

Raj HC orders POCSO convict to serve parole at a place away from victim’s residence to balance victim’s safety and accused’s rights

“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”