Case Briefs Archives | Page 159 of 914

Disputes arising from commercial contracts with Government not amenable to writ jurisdiction; remedy available in civil law: Telangana High Court

“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”

Case Briefs High Courts

Calcutta High Court upholds RBI’s Executive Intern’s right to maternity benefits despite contractual limitations

Calcutta High Court noted that as per Section 5(1) of the Maternity Benefits Act, 1961, every woman is entitled to, and her employer shall be liable for, the payment of maternity benefits.

Case Briefs High Courts

‘Equalizing the differently abled with their peers itself infracts Article 14’; Delhi High Court upholds Rights of visually disabled student for hostel accommodation at JNU

It is truly ironical that the JNU is seeking to defend its case by relying on the fact that the petitioner, a 100% visually challenged student — has provided a residential address 21 km away from the JNU campus. The submission deserves no further comment.

Case Briefs Supreme Court

Multiple reasons possible for marriage proposal not reaching desired end; SC quashes S. 417 case against man for lack of intention to cheat

“To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.

Case Briefs Supreme Court

Whether non-disclosure of criminal case in job verification form is always fatal to candidate’s employment? Supreme Court answers

“Broad brushing every non-disclosure of criminal case as a disqualification from the recruitment will be unjust.”

Case Briefs High Courts

Calcutta High Court directs ‘M.V. Marintrust – 01’ vessel’s owner to appoint Surveyor to assess goods’ quantity, damage and current value

Calcutta High Court directed the Joint Special Officers to conduct a fresh auction for the vessel in conformity with the order of sale and appoint a fresh valuer who will reflect a more realistic value of the vessel.

Case Briefs Supreme Court

Registry cannot decide whether dismissed review petition merited relook through curative jurisdiction: Supreme Court

Supreme Court highlighted that the provision for filing curative petitions was incorporated in Order XLVIII of the 2013 Rules.

Case Briefs High Courts

‘CBSE has no right to stop the student from entering exam hall’; Delhi High Court comes strongly in Domicile Certificate case

“If any other candidate that has been held up outside the Examination Hall for want of uploading the domicile certificate in time, all such students will be entitled to enter the Examination Hall and undertake the examination with extension of time as noted above.”

Case Briefs High Courts

[Kalkaji Mandir Jagran Accident] ‘No jagran shall be held in Mandir’; Delhi High Court lays down safety directives

Delhi High Court affirmed the Administrator’s sole authority for granting event permissions within the Kalkaji Mandir precincts, emphasizing the need for formal application processes. Enhanced security measures were endorsed to address crowd management deficiencies, particularly during peak footfall periods.

Case Briefs Supreme Court

Supreme Court upholds Madras HC order directing demolition of illegally constructed Mosque and Madrasa in Koyambedu

In 2023, Madras High Court had held that the mosque was illegally constructed without any building sanction plan.

Case Briefs High Courts

[Mogappair Eri Scheme] Madras HC sets aside discharge of Tamil Nadu Rural Development Minister I.Periyasamy in corruption case

The legitimacy of the administration of criminal justice will be eroded, and public confidence shaken if MLA’s and Ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case.

Case Briefs High Courts

Delhi HC directs Government of Delhi to complete selection process in Child Welfare Committees and Juvenile Justice Boards by 15-04-2024

“The delay in timely addressal of rehabilitation and repatriation procedures directly impacts the well-being and rights of children, as they remain in vulnerable situations for prolonged periods without adequate support and intervention.”

Case Briefs High Courts

Calcutta High Court sets aside New Town Kolkata Development Authority’s order to file fresh plan for entire ‘Rosedale Garden Complex’ Project

Calcutta High Court opined that the “allegations of encroachment are essentially a title dispute which is beyond the jurisdiction of a Writ Court.”

Case Briefs High Courts

DJS-2023| ‘Objections taken by any candidate attain universality’: Delhi HC grants marks to candidate who did not earlier file an objection to question

“Since this a case that brings to the fore a palpable error, the Court, which is otherwise wary of entering an arena reserved for the experts, is constrained to entertain the writ petition and grant the necessary relief.”

Case Briefs High Courts

Delhi High Court holds NHPC entitlement as decree enforceable in law; Grants execution of arbitral award

If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.

Case Briefs High Courts

‘Can’t approach Writ Court to enforce Contract of personal service’; Calcutta High Court dismisses Writ Petition on Termination of Employment by Private School

Calcutta High Court held that a party can resort to the writ jurisdiction only if there involves public law element and not to enforce a contract of personal service, including all matters relating to the service of the employee-confirmation, suspension, transfer, termination, etc.

Case Briefs Supreme Court

Supreme Court upholds KPSC Recruitment Notification for Home Science Lecturers Post; criticizes HC’s erroneous approach

“Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service.”

Case Briefs High Courts

‘No bonafide use of mark in relation to rice’; Delhi HC directs Registrar of Trade Marks to remove Chaman Lal Sachdeva’s mark ‘AL-WALIMAH’ due to non-use

“The investigation report, prima facie, reveals that the mark ‘AL-WALIMAH’ is never used by Respondent 1 and no rice product under the impugned mark is found in the market survey of relevant shops, nor did any shopkeeper expressed any knowledge in that regard.”

Case Briefs High Courts

Allahabad HC rejects Masjid Committee’s plea against order permitting Hindus to pray in Vyas ji tehkhana inside Gyanvapi Mosque

“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State”

Case Briefs High Courts

Punjab and Haryana HC ask Haryana Shehri Vikas Pradhikaran to assign reasons for cancelling auction of Gurugram plot

It was alleged that HSVP exercised unfettered powers and cancelled the auction of the plot without providing any reason or jurisdiction.