Case Briefs Archives | Page 161 of 914

‘Heart breaking, nerve cracking incident’: Rajasthan HC grants Rs. 4 lakh compensation to a woman who gave birth to twins in middle of the road

“There can be no second opinion that preservation of human life is of paramount consideration. This is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man.”

Case Briefs High Courts

‘Hospital deemed an ‘Industry’ under Industrial Disputes Act’; Delhi High Court affirms Rights of a ‘Workman’ in Hospital Dispute

Delhi High Court upholds Labour Court’s finding, affirming Hospital as an Industry under the Industrial Disputes Act, 1947 validating State Government’s referral authority, and confirming the continuous service of the workman.

Case Briefs Supreme Court

Supreme Court acquits convict in a 42-year-old murder case

“Any lingering doubt about the involvement of an accused in the crime he is accused of committing, must weigh on the mind of the court and in such a situation, the benefit of doubt must be given to the accused.”

Case Briefs High Courts

Special laws override general laws| Consumer Forums must adhere to Arbitration mandate under Multi-State Co-operative Societies Act: Calcutta High Court

Calcutta High Court noted that specific provision under Section 84 of the Multi-State Co-operative Societies Act, 2002 mandates arbitration for disputes involving members and the society.

Case Briefs Supreme Court

Limitation for appeal against acquittal can be condoned: Supreme Court

Supreme Court acknowledged that in case of special law prescribing a limitation period, Section 5 of the Limitation Act would have no application.

Case Briefs High Courts

Andhra Pradesh High Court directs Chittor District Collector to ensure no illegal sand mining is permitted at bed of River Neena

“The PIL has been filed highlighting the inaction of the Mines and Geology Department and other agencies to check illegal sand mining being conducted by unscrupulous elements in the River Neeva in Chittoor District and particularly in SettiappamThangal Village, Ananthapuram Panchayat.”

Case Briefs High Courts

Calcutta High Court upholds public use presumption for pot dumping land; dismisses Permanent Injunction claim

“When damages have been paid for unlawful use of land then plaintiff, being a wrong doer, cannot claim equitable relief for wrongful use of such land, in respect of which he has no right, title, interest.”

Case Briefs High Courts

Punjab and Haryana High Court deprecates frivolous contest by State instrumentalities over appointment of arbitrators

Punjab and Haryana High Court commented that “Such an approach would defeat the intent and objective behind the incorporation of the Act of 1996, which provides for a speedy and efficacious resolution of disputes.”

candidate denied appointment as primary teacher

Case Briefs Supreme Court

‘Classic case of Arbitrary action’; SC directs Institute to pay 1 lakh compensation to candidate who was denied primary teacher position in 2017

The primary duty of the Constitutional Courts is to maintain a check on arbitrary use of power, including setting aside illegal administrative actions and take secondary measure of addressing the injurious consequences arising from arbitrary and illegal actions.

Case Briefs High Courts

[NOVA v NOVYA Trademark Dispute] Delhi High Court grants permanent injunction in favour of Sterling Agro Industries

Sterling Agro Industries emerges victorious in the trademark clash between NOVA and NOVYA, as Delhi High Court decrees in their favor, enforcing a permanent injunction against the defendants and awarding litigation costs.

Case Briefs High Courts

Madras HC directs State to grant permission to lawyer to conduct an indefinite fasting demanding use of Tamil language in High Court

Madras High Court directed the petitioner to give an undertaking that he would not initiate violence while organising meetings in connection with his indefinite fasting and he should co-operate with the police to ensure law and order

Case Briefs High Courts

Madras HC permits State to conduct Formula 4 Race in Chennai Racing Circuit with highest degree of public safety

Formula 4 (F4) Indian Championship is a motorsport series of races in India sponsored by Racing Promotions Private Limited in collaboration with the State Governments. The F4 Indian Championship – Indian Racing League is being conducted in India for the first time in the year 2023 The drivers from across the world such as, UK, Switzerland, Australia, Malaysia and South Africa, are expected to participate in this event.

Case Briefs District Court

[Bumble Relationship] | Delhi Court grants bail to a man accused of rape under section 376 IPC

While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.

Case Briefs High Courts

Allahabad HC refuses to quash criminal case against AIMIM leader for allegedly trying to enter in a Mosque located inside the Police Lines premises to offer namaz

Allahabad High Court directed the Superintendent of Police, Pratapgarh to ensure that the further investigation of the case in question be completed as early as possible and to submit a report before the Court concerned.

Case Briefs High Courts

Calcutta High Court dismisses District Child Protection Officer’s revision application on failure to establish proceedings as frivolous or vexatious

Calcutta High Court emphasised that the power under Section 482 of the CrPC should be exercised sparingly and only to prevent abuse of process or to secure the ends of justice.

Case Briefs High Courts

Can Copyright Societies grant license under Section 30 of Copyright Act? Bombay High Court explains

The Court explained that the 1994 amendment was introduced for protecting and facilitating the exercise of owner’s rights and not restricting or diminishing them.

Case Briefs High Courts

‘Law has more focus on reformatory side’; Tripura HC commutes death sentence to life imprisonment of a man convicted for murdering five people

“The sword of justice given to a Judge has to be exercise with utmost responsibility and judiciously considering the reforms.”

Case Briefs High Courts

‘No claim certificate’ by a party does not automatically render dispute non-arbitrable: Gujarat HC

“If the Court reaches a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable, it may refuse to refer the dispute to arbitration, otherwise, the rule is to refer the dispute to arbitration”.

Case Briefs High Courts

Omission of disease’s name in amended claims expands scope of composition, exceeding specification set in original claim: Delhi HC refuses to grant patent

“It is not in doubt that the composition is at best a derivative and would be the same substance as the ‘known substance’, therefore, unless and until significant enhancement of therapeutic efficacy is shown, such a composition would not be liable to be granted patent protection.”

Case Briefs High Courts

[Higher Judicial Service Examination] Rajasthan HC directs Examination Cell to constitute an Expert Committee of eminent Jurists/Professors for examination of copies

“Getting few answer-sheets evaluated by an Expert Committee would do justice not only to the Examinees, but to the Examiners as well.”