Case Briefs Archives | Page 172 of 914

‘Duty of woman to serve ailing mother-in-law’: Jharkhand High Court cites Indian culture; rejects maintenance to wife

The wife restricted the mother-in-law from touching the baby and even threatened fabricating false cases against the family members.

Case Briefs High Courts

Delhi High Court restrains Dedicated Freight Corridor Corpn. of India Ltd. from invoking or encashing Bank Guarantees against Sojtiz-L&T till next date of hearing

“The Engineer, in terms of the Agreement, does not have the power to review the decision of 08-05-2015 made by the earlier Engineer who has adjudicated upon the issue regarding change in the liability of petitioner on account of reduced BCD.”

Case Briefs High Courts

Non-filing of GST returns for some period does not mean taxpayer’s GST registration will be cancelled retrospectively: Delhi HC

“The registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit do so. Such satisfaction cannot be subjective but must be based on some objective criteria.”

Case Briefs High Courts

Calcutta High Court dismisses application for appointment of Arbitrator; rules “May” in Clause 13 renders dispute resolution ambiguous

The Calcutta High Court emphasised the need for a clear and unequivocal expression of intent to arbitrate.

revised action plan on stubble burning in Punjab

Case Briefs High Courts

‘Mechanical removal and Processing; Analysis of Hotspot Areas’; Read NGT’s suggestions to Punjab for revised action plan on stubble burning

“The action plan submitted by Punjab was expression of routine exercise of the State Departments, it lacked a definitive time schedule, proper linkages/ manifest system.”

Case Briefs High Courts

Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable: Chhattisgarh High Court

“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”

Case Briefs High Courts

Delhi High Court refuses to interfere with corruption proceedings against Jharkhand Mukti Morcha’s Shibu Soren

The accused is the President of the Jharkhand Mukti Morcha, a State Political party in the State of Jharkhand and a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand.

Case Briefs High Courts

Delhi HC directs National Testing Agency to ensure uploading of final answer key prior to final declaration of result

“It was submitted that the exercise of re-examination of the answer keys after the final results were declared may have been avoidable but was undertaken bona fide, especially as a large number of objections were received even after the final result was declared.”

Case Briefs High Courts

Civil Courts have no jurisdiction to entertain the suits filed by app developers challenging Google’s Billing Policy: Madras HC

Madras High Court said that merely because Section 62 of the CCI Act, 2002 states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, it cannot be interpreted that any individual can institute proceedings in a Commercial Court alleging abuse of dominance, while completely ignoring Section 61 of the Act of 2002.

Case Briefs Supreme Court

SC quashes cheating case against wife for forging husband’s signature on minor’s passport application; Imposes 1 Lakh costs on Husband

“In the absence of any new evidence in further investigation to substantiate the conclusions drawn by the investigating officer in the supplementary report, a Judicial Magistrate is not compelled to take cognizance, as such a report lacks investigative rigour and fails to satisfy the requisites of Section 173(8) of the CrPC”.

Case Briefs High Courts

Delhi High Court orders to permanently block websites defrauding people on pretext of recruiting for part-time jobs with Croma

“The impugned websites emulate the terms and conditions of use, privacy policy etc. displayed on plaintiff’s website www.croma.com, which amount to passing off of plaintiff’s copyright.”

Case Briefs High Courts

Calcutta High Court upholds conviction under the Prevention of Food Adulteration Act, 1954; orders immediate imprisonment and fine recovery

“Revisional jurisdiction is basically supervisory in nature and may be exercised only when there is glaring defect in procedure or there may be a manifesting error on a point of law, resulting in a flagrant miscarriage of justice.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Air India to compensate flyer for re-routing his Jodhpur bound flight without any prior information

The complainant had booked a flight from Chennai to Jodhpur via Mumbai; however, his flight from Chennai to Mumbai was re-routed via Hyderabad without any prior information from the airlines.

Case Briefs High Courts

Stipend for Junior Lawyers | Punjab and Haryana High Court issues notice to BCI, BCPH

The petitioners mentioned a scheme prevailing in Kerala High Court providing stipend/remuneration of Rs 3,000 to young lawyers.

Case Briefs High Courts

Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement

The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.

Case Briefs Supreme Court

Hero Investcorp v. V.R. Holdings | Supreme Court refuses to interfere with Delhi HC’s stay in Trade Mark rectification matter

The Division Bench of Delhi High Court had stayed the order in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 1380.

Case Briefs High Courts

Calcutta High Court upholds Appellate Court’s order on pre-emption rights and limitation

Calcutta High Court held that issue of limitation being a question of fact ought to have been raised before trial court and evidence ought to have been adduced.

Case Briefs High Courts

Action contrary to departmental rules not criminal misconduct by public servant: Kerala HC

“Mere conduct and action of the accused contrary to rules and departmental norms would not amount to criminal misconduct by a public servant.”

Case Briefs High Courts

Delhi HC directs Chairperson, DTC to file affidavit stating details of officer who appointed person suffering from colour blindness as a driver

“It is evident that the Delhi Transport Corporation appointed respondent, who is unfit for the position of a driver as he is suffering from colour blindness, merely based on the medical certificate issued by the Guru Nanak Hospital.”

Case Briefs High Courts

Minor girl kidnapped, 20-year-old boy in jail for more than a year; Punjab and Haryana HC pulls Punjab Police for callous approach

Punjab and Haryana High Court pointed towards the irresponsible and callous approach of senior police officer who were also the members of SIT.