Case Briefs Archives | Page 164 of 914

Calcutta High Court quashes Section 144 CrPC order; permits State to promulgate more focused order for specific disturbance areas in Sandeskhali

The instant matter highlights the delicate balance between security measures and citizens’ rights, emphasizing the importance of lawful and justified actions by authorities in maintaining public order.

Case Briefs Supreme Court

Subordinate legislation ultra vires to Parent Act? Supreme Court summarises principles for deciding cases

“If a rule is challenged as being ultra vires, the Court must, firstly, determine and consider the source of power, secondly, the meaning of the subordinate legislation, and that whether the subordinate legislation is consistent with and within the scope of the delegated power.”

Case Briefs High Courts

Weight of carriers like towels, bedsheets cannot be included to determine small/commercial quantity of contraband: Delhi HC

“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”

Case Briefs High Courts

[Brick Throwing Case] Convict didn’t come prepared and armed with any weapon at all; Allahabad HC modifies ‘murder’ conviction to ‘grievous hurt’

Allahabad High Court noted that the deceased survived for seven days, thereafter he succumbed to this injury, and viewed that a single injury caused by throwing a piece of brick, which is not a handheld weapon, cannot be categorised as an injury likely to cause death.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI holds Guest Experts in violation of SEBI Regulations for Insider Trading nexus in stock recommendations on Zee Business

SEBI’s crackdown reveals guest experts’ violations in insider trading nexus on Zee Business, signaling a breach of regulatory standards. The investigation highlights a sophisticated network exploiting advance information for illicit gains, prompting stringent regulatory action.

Case Briefs Supreme Court

Can breaking up and advising a partner to marry someone else amount to abetment to suicide? Supreme Court answers

Supreme Court remarked that broken relationships and heart breaks are part of everyday life.

Case Briefs High Courts

‘Mere recovery of amount cannot prove alleged demand of bribe’; Telangana HC sets aside conviction against Sub-Inspector of Police

“The Investigating Officer becomes functus officio when charge sheet is filed after investigation, unless there will be further investigation under Section 173(8) of the Criminal Procedure Code, 1973.”

Case Briefs High Courts

Calculation must be made as per limits prescribed by Central Govt from time to time in case Payment of Gratuity is applicable on any establishment: Tripura HC

“Section 4(5) of Payment of Gratuity Act, 1972 is indicative of fact that the Act being a beneficial legislation, entitlement of employee cannot be reduced below the prescribed ceiling limit under Section 4(3) of Act, rather this provision approves receiving of a better gratuity than what is notified by Central Government.”

Case Briefs High Courts

Benefits under MSME Act do not apply retrospectively if registration is obtained after commencement of contract: Delhi HC reiterates

“The purpose of Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006, gives the right to a micro, small and medium enterprise to have its disputes adjudicated by approaching the facilitation councils and it cannot be obliterated on account of any other contract to the contrary.”

Case Briefs Supreme Court

Explained | Supreme Court verdict on Tenants right to pre-emption in the ‘urban immovable property’ under Punjab Pre-Emption Act

The notification dated 08-10-1985 limits its application for taking away the right of pre-emption only with reference to sale of land falling in the areas of any municipality.

Case Briefs

Live Updates : Philip C. Jessup International Law Moot Court Competition, 2024 – Indian Rounds

The relevance of International Moots, as a strategy to solve complex International Criminal Disputes is irrefutable. Its use and profile have seen

Case Briefs High Courts

Municipal authorities cannot be expected to wipe out all stray animals from roads; duty is to take sincere steps to ensure animals are rehabilitated: Delhi HC

“The duty of the municipal authorities is to take concerted, sincere and optimum steps to ensure that such animals are rehabilitated and do not possess a menace to residents of Delhi or to the traffic plying on the roads.”

Case Briefs Supreme Court

Supreme Court grants bail to Sadanand Kadam in Sai Resort Money Laundering case

Supreme Court directed that Sadanand Kadam to be produced before the Special Court within one week from the date of this order.

Case Briefs High Courts

Andhra Pradesh High Court grants bail to accused who allegedly stabbed Chief Minister YS Jagan Mohan Reddy in 2018

“Right to speedy trial is implicit in the broad sweep and content of Article 21 of the Constitution. A quest for speedy trial shall not remain as a desolate mirage but serve as an oasis.”

Case Briefs High Courts

Award by Facilitation Council without recording failure of conciliation or reference to arbitration void; Jharkhand High Court remits matter

Jharkhand High Court noticed that the Facilitation Council proceeded with an award, with no record of failure of conciliation or parties going for arbitration.

Case Briefs Supreme Court

Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC

Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”

Case Briefs High Courts

Delhi High Court directs State prompt ex-gratia payment to COVID-19 victim’s family under Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana

The present case show that the husband of the petitioner had contracted COVID-19 and was admitted in the hospital on 25-04-2021 and his health condition did not improve thereafter, and he passed away after two months in the hospital itself only due to COVID-19 complications.

Case Briefs High Courts

Controller of Legal Metrology competent authority to fix jurisdiction of license; can restrict license to one city: Andhra Pradesh High Court

“The Gazette notification dated 07-05-2015 and proceedings 09-06-2016, are not violative of Article 19(1)(g) of the Constitution and do not infringe the petitioner’s fundamental to carry on his business in a particular District.”

Case Briefs High Courts

Charge sheet not invalidated/vitiated, if documents relied on by prosecution not filed along with it: Delhi High Court

“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”

Case Briefs High Courts

‘No clarity on nature of action taken for removal of unauthorized religious structures’; Gujarat HC directs State to file fresh affidavit

“Out of total unauthorized religious constructions, the action was taken with respect to only 23.33 per cent of them”.