Case Briefs Archives | Page 194 of 914

Can scheme for compassionate appointments adopted by Regional Rural Banks operate retrospectively? Allahabad HC refers to Larger Bench

“Compassionate appointment is never a part of service condition of any employee or a vested right”

Pacific Metro Mall charging parking fee does not violate Unified Building Byelaws for Delhi, 2016 or Master Plan for Delhi-2021: Delhi High Court

“There is no provision in the Unified Building Byelaws for Delhi, 2016 which proscribe charging of fees or controls the terms on which buildings are used.”

Case Briefs High Courts

Delhi High Court decrees against various domain names from using the mark AAJ TAK or alike

As per a status report dated 20-11-2023, the use of the mark ‘AAJ TAK’ has been disabled on all channels, and the domain names have been either suspended, locked or blocked.

Case Briefs High Courts

Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC

“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”

Case Briefs High Courts

Delhi HC restrains DJ Light and Sound Association Chandigarh from misinforming public that no licence required to play Phonographic Performance Limited music recordings

“It is further pointed out that, without filing any response to the present plaint, Defendant 2 is continuing to mislead the public into believing that no license is required to be obtained from the plaintiff before exploiting the recordings in which it has copyright.”

Case Briefs High Courts

‘Special Judge failed to appreciate requirement of proving charge beyond reasonable doubt’; Calcutta High Court quashes conviction under Essential Commodities Act, 1955

Calcutta High Court emphasized that the prosecution did not provide sufficient evidence to establish when and how the rice was weighed.

Case Briefs High Courts

Unexplained prolonged criminal trial violates constitutional rights; Denial of Government Servant’s rights impending delayed trial is double jeopardy: Orissa HC

“The act of keeping the petitioner’s promotion recommendation in sealed cover without even once subjecting it to review, is nothing but adding insult to an injury”.

Case Briefs High Courts

Accomplishments of athletes with intellectual disabilities often forgotten; Delhi High Court allows PIL highlighting irregularities in functioning of Special Olympics Bharat

The Court appreciated the incredible accomplishments of the athletes that represented India in the Special Olympics World Games, 2023 held in Berlin under the able and commendable guidance of SOB The athletes representing India finished their campaign with 200 medals.

Case Briefs High Courts

Delhi High Court directs Bar Council of Delhi to act against advocate for alleged fabrication of document placed on record

Delhi High Court noted that after coming to know that the said document was manufactured, respondent 1 filed a complaint before the Bar Council of Delhi against Mr. Sanjay Aggarwal, Advocate.

Case Briefs High Courts

Depriving furlough to convict undergoing long term imprisonment counterproductive to reformative approach: Delhi HC grants furlough to man convicted of rape and murder of minor

“Only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that his temporary release on furlough would be against the interest of the society.”

Case Briefs High Courts

Obtaining licence to run restaurant without specifying any area as smoking zone, does not entitle owner to run restaurant as hookah centre: Telangana High Court

“Restrictions imposed by law for supply and serving of tobacco products including serving hookah cannot be said to be violative of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

Delhi High Court restrains rogue websites from disseminating copyright content of Universal City Studios

Technology has posed a major challenge for entities like the Plaintiffs as there is a proliferation of many platforms including websites from where unauthorised, unlicensed and pirated content of the Plaintiffs can be downloaded, accessed and viewed by customers and viewers.

Case Briefs High Courts

Offences u/s 21 of POCSO Act bailable; pre-arrest bail not maintainable: Himachal Pradesh High Court

“The classification of the offences under the Criminal Procedure Code clearly shows that if the offences are punishable with imprisonment for less than three years, the offences are bailable and non-cognizable.”

Case Briefs High Courts

‘Section 24 of Hindu Marriage Act, 1955 is gender neutral’, Delhi High Court reduces maintenance pendente lite from Rs. 30,000 to Rs. 21,000

“The spouse having reasonable capacity of earning but chooses to remain unemployed without indicating sincere efforts to gain employment, should not be permitted to saddle other party with one sided responsibility of meeting out expenses.”

Case Briefs High Courts

Can the age of ink be determined? Bombay High Court explains

While relying on the Madras High Court’s decision, Bombay High Court opined that there was no justification to take up a futile attempt to find out the age of ink on the instrument under question.

Case Briefs High Courts

Women cannot be presumed to have disowned their residential rights at parental home after marriage: Madras High Court

“A choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism to deny her the residential status there”

Case Briefs High Courts

Orissa High Court grants bail to a blind PMLA accused in chit fund scheme case for lack of evidence

The Court also considered the fact that the accused is a permanent resident of his locality, having his family members and ancestral property, hence, there is no scope of absconding if the accused person is granted bail.

Case Briefs High Courts

Former Resident Additional Collector accused of installing Spy Cam in District Collector’s chamber; Gujarat HC grants bail

The Former Resident Additional Collector had also set up a honey trap for the District Collector in order to gain access to some controversial land clearance files.

Case Briefs Supreme Court

Appointments can only be made for vacancies advertised, holds Supreme Court; 2 Judges retain Posts despite flawed 2013 Selection Process

Supreme Court reiterated the timeline fixed in Malik Mazhar for vacancies to be declared on 15th January each year, and the process has to be completed by October of the same year.

Case Briefs High Courts

Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution

The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.