Case Briefs Archives | Page 202 of 914

Second bail application concealing facts leads Punjab and Haryana HC to impose 1 lakh cost on lawyer

“Exemplary costs need to be imposed so that no one could dare to take the Courts for a ride.”

Delhi High Court directs Tree Officer and Municipal Corporation of Delhi to ensure preservation of 140-160 years old banyan tree in Nai Sarak’s area

“The Tree Officer and the Officer concerned of MCD were directed to conduct an inspection at least once in four weeks to ensure that the site is being maintained in a manner conducive to the preservation of the banyan tree.”

Case Briefs Supreme Court

Is Second Petition under Section 482 CrPC maintainable on grounds available at the time of First Petition? Supreme Court determines

The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.

Case Briefs Supreme Court

[Conviction for offence not charged] Acquittal in 304B by Supreme Court accompanies clutches of Section 306 of IPC

Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.

Case Briefs High Courts

Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions

Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI bans ‘Baap of Chart’ owner from securities market; Imposes penalty of Rs. 17.2 crores

Securities and Exchange Board of India: In the instant matter, Mohammad Nasiruddin Ansari was alleged to have induced / influenced investors to

Case Briefs High Courts

Delhi High Court restrains Franchisebyte from advertising, publishing video reflecting WOW! MOMO mark

“In a case such as this, if injunction is not granted ex parte, it would result in the defendant continuing to defraud the public at the expense of the plaintiff.”

Case Briefs High Courts

Delhi High Court restrains China Social from using mark ‘SOCIAL’ for services related to food; grants injunction to Impresario Entertainment and Hospitality (P) Ltd.

“There is every likelihood of defendant’s cloud kitchen services being perceived as another extension of plaintiff’s services owing to the nature of the ‘SOCIAL’ series of marks used by plaintiff.”

Case Briefs High Courts

Wife expressing doubt towards her husband for frequently coming late at night does not constitute cruelty: Chhattisgarh High Court sets aside divorce decree

“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”

Case Briefs Supreme Court

Supreme Court | No bail for Manish Sisodia in Delhi Liquor Excise Policy Scam case

In case of a sloppy trial, the Supreme Court kept scope for Manish Sisodia to file another application for bail.

Case Briefs High Courts

[National Policy on Biofuels] Change in policy causing hardship or contrary to group interest does not necessarily render it unconstitutional: Delhi HC

Policies are often drafted keeping in view the larger public interest, balancing various competing interests. Unless a policy is manifestly arbitrary, discriminatory, or mala fide, the wisdom and advisability of governmental policies are outside the purview of judicial review.

Case Briefs High Courts

‘Reputation is a crucial factor in society’; Calcutta High Court grants ad interim injunction restraining posting of defamatory content

Right to freedom of speech and expression does not confer right in absolute form to tarnish someone’s image and reputation which he/she owns in the society.

Case Briefs High Courts

Madras HC directs Union Govt. and Nigerian embassy to pursue requests of two women claiming compensation from past 11 years, for husbands’ death in Nigeria

The remedy for the petitioners is only as against the Private Company by filing necessary applications at Nigeria. However, these poor widows cannot pursue the litigations in Nigeria and therefore, there is a responsibility cast upon the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to take appropriate action through the Embassy to redress the grievance of these petitioners.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Restricted use of firecrackers’; ‘No authority can violate Supreme Court’s directions and permit banned firecrackers under the guise of celebration’: NGT

“The use of firecrackers in cities/towns where air quality is ‘moderate’ or below was restricted to only green crackers only and for duration of not more than two hours and only for celebration of any specified festival or occasion”.

Case Briefs High Courts

Delhi High Court grants interim injunction to SmithKline Beecham Limited for its ‘GSK’ mark

“Considering that the plaintiff operates in the pharmaceutical and medicinal sector and is also registered for the ‘GSK’ mark, the use of an identical mark, especially in an identical colour combination, is clearly dishonest and mala fide.”

Case Briefs Supreme Court

Land Acquisition Compensation Rate | ‘11 years gap pretty large’: Supreme Court reduces 15% annual increase to 8%

Supreme Court considered what would be fair and just compensation to do justice between the parties so that landowners get a fair and reasonable compensation for losing their land.

Case Briefs High Courts

Delhi High Court quashes proceedings under S. 56 FERA for violation of principles of natural justice

It is for violation of Section 18(2) and Section 18(3) of the FERA that would entail action under Section 56 FERA, but the intervening threshold of issuance of show cause notice/opportunity notice and hearing the notice before passing the decision upon such mandatory application of principles of natural justice alone that the action under Section 56 could, at all, have been initiated.

Case Briefs High Courts

‘Right to marry a person of their own choice is indelible and protected under Constitution’: Delhi HC directs State to provide protection to couple who married against parents’ wishes

“There is no doubt about the factum of marriage between the petitioners and the fact that they are major. No one, not even the family members can object to such relation or to the matrimonial ties between the petitioners.”

Case Briefs Supreme Court

Strong incriminating evidence required for application of Res Ipsa Loquitor doctrine; SC upholds NCDRC order denying medical negligence

“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”

Case Briefs High Courts

Delhi High Court | DNA Test vitiates the Legal Presumption of Paternity under Section 112 of Evidence Act

Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy.