Case Briefs Archives | Page 162 of 914

Calcutta High Court finds no illegality or material irregularity in DRAT’s order; reiterates High Court’s jurisdictional limits under Article 227

Calcutta High Court reasoned that the High Court’s jurisdiction under Article 227 is not appellate in nature and cannot be exercised to correct mere errors of fact.

Case Briefs High Courts

Gujarat High Court directs NCLT Ahmedabad to permit use of electronic devices during hearings

A notice was posted outside the Court room by the NCLT, Ahmedabad prohibiting the use of mobile phones and other electronic devices.

Case Briefs High Courts

[Freedom Fighters Pension] Madras HC directs MHA to provide pension to ex-Army personnel who suffered imprisonment in Rangoon Jail in 1945

Madras High Court, while noting that the respondent is 94 years old, directed MoHA to comply with the order within a period of two months from the date of receipt of a copy of this Judgment.

Case Briefs High Courts

Calcutta High Court upholds validity of SEBI’s Exit Policy and SECC Regulations; directs Calcutta Stock Exchange to comply with SECC Regulations

“The SEBI has been established under SEBI Act as a statutory and regulatory body to protect the interest of the investors in securities and to promote the development of and to regulate the securities market and for matters connected therewith or incidental thereto.”

Case Briefs High Courts

[Sexual Harassment by Teacher] Delhi High Court holds recovery of overpaid salary invalid and denies increments

Delhi High Court bars the recovery of overpaid salary in a case involving teacher misconduct, citing unapproved suspension. However, increments are denied amidst allegations of serious nature.

Case Briefs High Courts

Whether RCCIIT amenable to writ jurisdiction? Calcutta High Court refers ‘issue of maintainability’ to Larger Bench

The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.

Case Briefs Supreme Court

May use name ‘Nationalist Congress Party – Sharadchandra Pawar’: Supreme Court issues notice to Ajit Pawar faction

Supreme Court kept the option open for Sharad Pawar to approach the Election Commission regarding allocation of symbol.

Lok Sabha Privileges proceedings against West Bengal officials

Case Briefs Supreme Court

[Sandeshkhali protests] SC stays Lok Sabha Privileges proceedings against West Bengal Chief Secretary and other officials on BJP’s Sukanta Majumdar’s complaint

Sukanta Majumdar, Bharatiya Janata Party’s President in West Bengal alleged that he was mistreated during the Sandeshkhali protests.

Case Briefs High Courts

Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC

Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.

Case Briefs High Courts

[IGNOU PGDCC Recognition Controversy] Delhi High Court upholds Central Government’s independent exercise in Contempt Jurisdiction

Delhi High Court upheld the Central Government’s independent exercise in contempt jurisdiction, emphasizing adherence to the original judgment’s directives and refraining from issuing supplementary orders. The decision underscores the judiciary’s cautious approach in contempt proceedings and affirms the sanctity of court orders.

Case Briefs High Courts

‘Life threatening nature of cardiac issues cannot be equated with other illnesses’; Delhi HC grants three months interim bail to PMLA accused having severe medical issues

“Each passing moment in the face of cardiac distress is fraught with the peril of irreversible harm, and in case of any eventuality that may occur in applicant not getting proper and specialised treatment, this Court will have to bear the weight of regret.”

Case Briefs High Courts

‘Controller must look into the substance of claim beyond choice of words of patent applicant’: Madras HC remands matter to Controller for de novo consideration

Madras High Court said that the Controller appears to have made short of his responsibility by merely extracting the priors he relied on but had not thought it fit to consider the explanations.

Case Briefs High Courts

Bombay HC upholds eligibility for the post of police sub-inspector from sports category as certificate verified during selection

Bombay High Court took note of the fact that the petitioner was already employed as a Police Constable under the ‘Sports Category’ much before the date of advertisement, which was on respondents’ record.

Case Briefs High Courts

Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court

Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.

Case Briefs High Courts

‘Restoration of conjugal life’ cannot be imposed as a condition for anticipatory bail u/s 498-A of IPC: Patna High Court

“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”

Case Briefs High Courts

Gujarat HC directs GPSC to conduct separate interview for mother who was asked to travel 300 km

The Court directed the Gujarat Public Service Commission to conduct a separate interview for the woman within 15 days from the date of order.

Case Briefs High Courts

Calcutta High Court upholds promotion selection process; emphasises on minimum merit benchmarks beyond written test stage

Calcutta High Court held that the appellant at best can make an endeavour before the fact-finding forum because in exercise of writ jurisdiction, the High Court found no tenable and cogent ground on which the impugned judgment can be faulted.

Case Briefs High Courts

Maintenance order passed without filing statements of assets and liabilities by wife not illegal, if income not specifically denied by husband: Andhra Pradesh HC

“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”

Case Briefs Supreme Court

SC sets aside Allahabad HC’s stay on investigation and blanket orders restraining arrest of IndiaBulls officers

“Judicial comity and judicial discipline demands that higher courts should follow the law. The extraordinary and inherent powers of the court do not confer any arbitrary jurisdiction on the court to act according to its whims and caprice.”

Case Briefs High Courts

‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement

“Where the job continues without even any performance appraisal or periodical renewal, and the person engaged in the same would be termed as a “trainee”, as it is in the present case, the same would be considered as unfair labour practice.”