Case Briefs Archives | Page 190 of 914

Chhattisgarh High Court commutes death sentence of man convicted for killing his parents over ideological differences

“Murder was committed by him by 3 gunshot injuries to each of them, hence no doubt, such heinous crime should be deprecated and no amount of criticism can be given to such gruesome act, that too, of his own father and mother.”

Case Briefs Supreme Court

‘HC should not have examined and evaluated facts in detail’; Supreme Court restores Cheating Case against Mehul Choksi and his wife

Supreme Court expressed that the High Court should not have examined and recorded the conclusion on the disputed fact to quash the FIR.

Case Briefs High Courts

Delhi High Court imposes 10 lakhs cost on father of a minor student for availing EWS benefits by misrepresentation; Issues directions for RTE compliance

The present case reflects a tormenting situation where the opulent class is putting in blood, sweat and tears to reap the benefits of EWS reservation at the expense of the economically marginalized candidates. A calculated attempt at subverting the cherished constitutional vision of education for all is under scrutiny in this case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Proceedings before DCDRC must be mandatorily decided in presence of its President and not just the Members: SCDRC

Uttarakhand SCDRC sets aside the impugned order of DCDRC passed in a consumer complaint as its President was not part of the proceedings, thereby disregarding the mandate in S. 36 of Consumer Protection Act, 2019.

Case Briefs High Courts

Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial

“The Court, recognizing the significant delay in trial commencement and the uncertainty around its duration, granted bail to the accused and also extended the benefit of the proviso to Section 45 of the PMLA.”

Case Briefs High Courts

Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark

“Copying of so many marks, labels, packaging, and containers is a deliberate act on defendants’ behalf to gain monetarily by selling counterfeit products.”

Case Briefs High Courts

Calcutta High Court upholds Bank’s right to take disciplinary action against employees for proven misconduct

“Any misconduct on the part of the bank employee/ officer can be meted out with disciplinary action in accordance with the service rules and regulations.”

Supreme Court Judgments on discharge of accused

Case Briefs Supreme Court

Skipping to reconsider Minakshi Bala case, Supreme Court surveys judgments on discharge of accused to set aside vexatious prosecution

“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”

Case Briefs Supreme Court

Group of Companies Doctrine applicable in Indian Arbitration Jurisprudence; Can bind non-signatory parties to Arbitration Agreement: Supreme Court 5 Judge Bench

“The approach in Chloro Controls India Private Limited v. Severn Trent Water Purification, (2013) 1 SCC 641 to the extent that it traces the group of companies doctrine to the phrase ‘claiming through or under’ as given under Section 8 of the Arbitration Act was erroneous and against the well settled principles of contract in commercial law”.

Case Briefs High Courts

Rajasthan High Court grants bail to man accused of providing confidential military information to Pakistani Intelligence

“This lethargic attitude of the prosecution is seriously violating the fundamental right of the speedy trial of the petitioner as guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo.”

Case Briefs High Courts

Domestic Violence Act focuses on providing immediate relief to victims through maintenance, not Imprisonment for non-payment of maintenance: Delhi High Court

“The Domestic Violence Act was enacted to offer certain civil remedies to the victims of domestic violence. These remedies encompass an array of protective measures, residence orders, and monetary reliefs, designed to address the multifaceted nature of abuse.”

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC reiterates importance of consumer’s right to legible and durable receipts; Poorly printed receipts may amount to deficiency of service

The District Consumer Commission observed that issuance of poorly printed bills to consumers may constitute ‘deficiency of service’ and an ‘unfair trade practice’ as per directives issued by Kerala State Department of Consumer Affairs.

Case Briefs High Courts

Madhya Pradesh High Court quashes FIR in contractual dispute due to ‘lack of specific allegations and delay in lodging complaint’

Madhya Pradesh High Court emphasised that a purely civil dispute should not be converted into a criminal prosecution.

Case Briefs High Courts

Jurisdiction for Appeal against denial of Succession Certificate by Civil Judge lies with District Judge, not High Court: Allahabad HC

“The legislative intent in providing for an appeal before a District Judge in case of an order passed by an inferior court upon investiture of jurisdiction under Section 388 (1), is also clear from the emphasis in the language of the proviso where it states, ‘and not to the High Court’.”

Case Briefs High Courts

Directions for investigation u/s 156(3) CrPC cannot be given mechanically by Magistrate; application of mind necessary: Delhi High Court

“Magistrate is not bound to direct investigation by police even if all allegations made in complaint disclose ingredients of cognizable offence. Each case must be viewed depending upon facts and circumstances involved therein.”

Case Briefs Supreme Court

[Section 35 Stamp Act] Insufficiently stamped documents cannot be prohibited from admission in evidence, if not chargeable with stamp duty: Supreme Court

“The object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. Section 35 is a provision to cater for the instruments not being properly stamped and, as such, not being admissible in evidence”

Case Briefs High Courts

Illegal Sand mining on Kathajodi | “False affidavit by Collector; permission of mechanized mining”; Orissa HC rebukes State, warns legal action

“Even after knowing the situation, the authorities did not take care of and attempted to control the situation, rather it appears that they have hands in glove with the lessees involved in illegal mining, for the reasons best known to them.”

Case Briefs High Courts

“No Anticipatory bail when Investigating Officer does not intend to arrest”; Madhya Pradesh High Court directs cooperation in Investigation

Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.

Case Briefs High Courts

Calcutta High Court invokes Force Majeure in sand mining lease dispute; grants extension of lease

Calcutta High Court opined that the Assistant Secretary wrongly rejected the petitioners’ request based on irrelevant considerations, ordering an extension of the lease for the lost period.

Case Briefs High Courts

‘Poor financial condition of State and lack of instructions from higher authority is not a ground to deny pension benefits’: Manipur HC

“Pension is not a bounty from the state authority to the retired employee, it is compensation for the past service rendered by the employee. It cannot be withheld without assigning any reason”.