Case Briefs Archives | Page 168 of 914

‘Strike balance between Compliance and Natural Justice’; Calcutta High Court provides procedural guidelines for fraud allegations under RBI Master Directions

Calcutta High Court stated that show-cause notices are analogous to a First Information Report (FIR) and are not required to detail the probative value of the Forensic Audit Report at this stage.

Case Briefs High Courts

Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce

“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”

Case Briefs Supreme Court

Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC

Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.

Case Briefs High Courts

Delhi High Court grants anti-arbitration injunction in an international commercial arbitration

“It needs no re-articulation that one of the cardinal principles of arbitration is, that since arbitration is a remedy that is founded on consent of parties, the agreed procedure for appointment of an arbitrator must be scrupulously followed. However, the same is not done in the present case.”

Case Briefs High Courts

Calcutta High Court grants compensation after lapse of proceedings and utilisation of land for Flyover Construction

Calcutta High Court noted that the previous judgments and record of rights post-vesting supports petitioners’ claim for compensation.

Case Briefs High Courts

Prosecution Witness entitled to benefit of Section 132 of Evidence Act and Section 307 CrPC; Calcutta High Court sets aside trial court’s order

Calcutta High Court emphasised the need for the trial court to adhere to legal procedures and directed to proceed with the trial from the date preceding the date of the order under revision.

Case Briefs High Courts

Delhi HC upholds arbitral award for transfer of Kashmir Harvard Educational Institute’s domain name ‘kashmirharvard.edu.in’ to Harvard College

“Petitioner shows a scant regard for the limited scope of intervention with an award in an international commercial arbitration, or for the process of the Court. Pleas have been advanced which are contrary to the record, and many attempts have been made to mislead the Court.”

joe biden genocide military aid gaza conflict israel

Case Briefs Foreign Courts

US District Court dismisses suit against President Joe Biden vis-à-vis military & financial aid to Israel in the ongoing Gaza conflict on jurisdictional grounds

The Court however implored the US Government to examine the results of their unflagging support of the military siege against the Palestinians in Gaza especially in backdrop of ICJ’s finding that it is plausible that Israel’s conduct amounts to genocide.

Case Briefs High Courts

‘Aimed at ensuring that education is not commercialized’; Patna HC rejects petition challenging validity of provisions of Bihar Private Schools (Fee Regulation) Act, 2019

“The absence of guidelines cannot ipso facto result in invalidation of Bihar Private Schools (Fee Regulation) Act, 2019, especially one in the nature of regulation aimed at ensuring that education is not commercialized and reduced to mere means of profiteering.”

Case Briefs High Courts

[IIT Delhi students’ death] ‘Faculty/staff of IIT shall counsel students to give their best without succumbing to pressures/stress of performing better’: Delhi HC

“The Court deeply discourages the growing trend of pressurizing young minds to perform the best in every aspect of life, leading them to take unfortunate steps.”

Case Briefs High Courts

Delhi High Court dismiss paternity test plea due to no sperm count; Emphasis on child’s interests in parental disputes

Azoospermia means there is an absence of live spermatozoa in the semen. There could be various causes for such a condition, including obstruction of the tubules or ducts, i.e., the reproductive tract, or even due to infection, retrograde ejaculation or aspermatogenesis. Thus, azoospermia is categorized under two heads: obstructive and nonobstructive.

Case Briefs Supreme Court

Identification of private forests in Goa| ‘No uniform criteria due to distinctive geographical features’; SC holds existing criteria valid

The identification of forests in Goa is based on forest tree composition, canopy density and minimum area.

Case Briefs High Courts

‘Court cannot turn its back on distressed family’: Delhi HC quashes FIR against a man accused under POCSO after considering his happy married life with victim

“The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”

Case Briefs Supreme Court

Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC

‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’

Case Briefs High Courts

Revenue Authorities cannot issue ‘No Caste No Religion’ Certificate in absence of powers conferred by law or by Government: Madras HC

“The Revenue Authority is expected to exercise their powers within the ambit of the statutes, rules and the Government Orders in force. They are not expected to issue the certificates at their choice. The claim of the petitioner has not been supported by any statute or Government Orders”.

Case Briefs High Courts

[Vyas ji tehkhana] Allahabad HC grants time to Masjid Committee to amend pleadings to challenge order appointing DM as a receiver

On the joint request of the parties, the matter will next be taken up on 06-02-2024

Case Briefs High Courts

‘Rs. 500-900 per month is paltry’; Orissa HC directs State Government to reconsider pension for disabled persons

A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.

Case Briefs Supreme Court

SC grants interim protection from arrest to Odisha MLA Jayanarayan Mishra in woman police officer’s assault case

Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.

Case Briefs High Courts

Medical Assessment and Rating Board lacks jurisdiction to retrospectively cancel admissions by medical colleges/institutions: Rajasthan High Court

“Medical institutions, having admitted hundreds of students, play a vital role in the healthcare and education sectors. Fair and systematic approach is imperative to avoid abrupt refusals and ensure a gradual fulfilment of infrastructural and faculty requirements.”

Case Briefs High Courts

Flowering tops dried with seeds not ganja? Punjab and Haryana High Court explains

For specific facts, the Court said that the entire weight of the material was to be considered to know the total weight of the contraband recovered.