Case Briefs Archives | Page 191 of 914

Madhya Pradesh High Court upholds bank’s right to recover excess payment in pension recovery dispute

Madhya Pradesh High Court noted that the petitioner did not dispute her liability to refund the commuted portion in instalments, as per her undertaking.

Case Briefs High Courts

Employee cannot be penalized for employer’s failure to deposit TDS: Delhi High Court

“If petitioner is able to obtain any amount of money towards tax deducted from his income at source for Assessment Years 2009-10, 2011-12 and 2012- 13 from his employer, the same shall be deposited by him with the revenue.”

Case Briefs Supreme Court

Explained| Supreme Court verdict in Kannur University Vice Chancellor reappointment Case

Supreme Court held that it is not necessary to follow the procedure of appointment as laid down in Section 10 of the Kannur University Act, 1996 for the purpose of reappointment.

Case Briefs High Courts

Madhya Pradesh High Court grants Maternity Leave to Contractual Employee in miscarriage case; says Contract doesn’t restrict the same

The instant matter was remitted to the respondents for a fresh decision on the petitioner’s maternity leave, with a directive to comply within a specified timeframe.

Case Briefs High Courts

Deprivation of livelihood violates Article 21 of Constitution; employer must circumspect before taking away livelihood on stigmatic grounds: Rajasthan High Court

“Even otherwise, trite law it is in service jurisprudence that a stigmatic order passed on ground of alleged misconduct cannot be sustained unless a proper enquiry in accordance with law has been conducted.”

Case Briefs High Courts

Inside Madras High Court’s verdict in 1997 Disproportionate Assets case against former Minister of labour welfare A.M. Paramasivam and his wife

Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.

Case Briefs High Courts

Delhi High Court allows Mankind Pharma Limited to run modified advertisement on DMF Quality APIs with disclaimer

Delhi High Court directed Mankind Pharma Limited to run a modified advertisement i.e., original advertisement with the disclaimer that DMF is not mandated under Indian law and is not a quality norm for products in India.

Case Briefs High Courts

Whether expression “any application for grant of a patent for an invention” in S. 39 (1) applies to a patent of addition? Madras HC answers

“The application for grant of a patent of addition cannot be filed earlier than the date of filing of the application for grant of patent for the main invention; it cannot be granted before grant of the patent for the main invention; the term of the patent of addition shall not exceed that of the main invention, even if granted later than the main invention”

Case Briefs High Courts

Calcutta High Court affirms right to seek de-requisition; directs Collector to issue formal order of de-requisition

The Calcutta High Court establishes the legal consequences of a court order setting aside requisition and its impact on subsequent attempts to acquire or lease the land.

Case Briefs High Courts

Calcutta High Court affirms Director’s liability under Section 32 of Industrial Disputes Act, 1947; directs compliance of compensation order

The Industrial Disputes Act, 1947 “is a beneficial legislation, for the benefit of the workmen and not paying the compensation since 2007 is clearly an abuse of the process of law.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Pollution from stubble burning a serious issue arising every year”; NGT directs Punjab and Haryana to prepare action plan for 2024

“The preparation of a comprehensive plan and remedial action for controlling this problem in 2024, needs to start now, including preventive steps.”

Case Briefs High Courts

‘Welfare of child is of prime consideration’: Delhi High Court rejects father’s application to move his seven-year-old child to different school

“If the intent of the appellant is to get the child admitted in Venkateshwar International School, Dwarka, the said school has a branch in Rohini and the respondent is agreeable if the appellant can ensure the admission of the minor child in the said school at Rohini.”

Case Briefs Supreme Court

Supreme Court delineates normal promotion as against promotion through Limited Departmental Competitive Examination (LDCE)

“Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion.”

Case Briefs High Courts

‘Deceptively similar to Sun Pharma’s mark ABZORB’; Delhi HC restrains Protriton Products LLP from using mark ‘ABBZORB’ in relation to health supplements

“Even if two device marks are visually completely dissimilar, and if their textual components are deceptively similar to each other, then visual dissimilarities between marks, owing to “added matter”, pale into insignificance, where infringement is concerned.”

Case Briefs High Courts

Delhi High Court dismisses India-Pakistan ‘Super Basmati’ Rice Dispute for non-prosecution

“Basmati has also been registered as a geographical indication under the provisions of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in India.”

Case Briefs High Courts

Beyond individual victims: Delhi High Court refuses to set aside order convicting man for offence u/s 6 of POCSO; says such crimes “cause ripples through society”

“In discussions surrounding the empowerment of women, education is rightly recognized as a fundamental pillar. However, when such incidents occur that force a girl to abandon her studies, the very notion of empowerment is compromised and society at large bears the consequences.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Speed post sender is a consumer under Consumer Protection Act; Postal Dept. cannot escape liability by virtue of S 6 of Indian Post Office Act, 1898, SCDRC reiterates

State Commission relying on NCDRC precedents, upheld District Consumer Commission’s decision to hold the Postal Department liable for delayed delivery of a speed post by 19 days which resulted the complainant’s son to miss his chance to get admission in JNU.

Case Briefs Supreme Court

“18 months D.El.Ed. Diploma by NIOS in Elementary Education not equal to 2 years regular Diploma”: Supreme Court

“The Uttarakhand High Court erred in its findings that 18 months Diploma in Elementary Education conducted through ODL mode in elementary education by the NIOS is a valid Diploma”.

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 304 IPC with modified sentencing in light of post-remission release

Calcutta High Court found no loopholes in the trial court’s analysis of the evidence, concluding that the appellant’s guilt under Section 304 IPC was proved beyond a reasonable doubt.

Case Briefs Supreme Court

Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide

“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”