Case Briefs Archives | Page 210 of 914

College authorities must issue NOC for Transfer Requests; Suitability not their Domain: Calcutta High Court

The petitioner’s request for transfer of service for personal reasons deemed justified on humanitarian grounds under the principles of ‘Natural Justice’.

Case Briefs High Courts

West Bengal post-Panchayat Polls violence | Calcutta High Court directs investigating officer to expedite investigation

Calcutta High Court noted that upon its intervention, the investigating agency had taken appropriate steps in the investigation, including the arrest of some accused and the issuance of warrants against the absconding ones.

Case Briefs High Courts

[Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] Delhi HC suggests Select Committee to replace “shall” with “may” and “bail or bail bond” with “personal bond with or without surety”

“It is observed that in Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, the word “shall” means “it is mandatory for the accused to furnish bail bond with surety”.”

Case Briefs Supreme Court

Why should grounds of arrest be furnished in writing by ED? SC explains constitutional and statutory mandate

“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.

Case Briefs High Courts

Explained| Madras High Court verdict on scope of Sections 3(d) and 3(e) of Patents Act, 1970

Madras High Court viewed that there is nothing in the text or context of Section 3(d) which supports the interpretation that enhancement of known efficacy of the substance should be restricted to engineering or prospecting variants of phytase with inherently greater enzymatic activity over the reference phytase.

Case Briefs High Courts

“No violation of Kolkata Municipal Corporation Building Rules, 2009”; Calcutta High Court refuses to quash sanctioned building plan

Calcutta High Court examined the Building Rules and found that the construction was within the permissible limits of FAR and height after the land was gifted to Kolkata Municipal Corporation.

Case Briefs High Courts

Calcutta High Court dismisses challenge to appointment of Fair Price Shop dealer on meeting of all eligibility criteria

Calcutta High Court observed that the Courts should refrain from interfering in the grant of contracts or licenses unless there is clear arbitrariness or malafide conduct.

Case Briefs High Courts

Know why Bombay High Court granted bail to alleged Sanatan Sanstha member in UAPA Case

The accused was in custody for the past 5 years, and the prosecution intended to examine almost 417 witnesses, while only 4 witnesses were examined by then.

Case Briefs High Courts

Do not file petitions without prior communication or representation to the relevant State Authorities: Delhi High Court

A court-monitored investigation is a significant measure, typically invoked when there is a palpable sense of governmental neglect or oversight. It is not a mechanism to be employed routinely or without just cause.

Case Briefs High Courts

Calcutta High Court grants permission to hold peaceful ‘Religious Jalsha’ subject to maintenance of certain norms

Calcutta High Court directed respondent authorities to maintain a sharp vigilant presence at the event to ensure the preservation of peace.

Case Briefs High Courts

Delhi High Court directs Rs 50,000 as compensation to be drawn from salaries of errant policemen for illegal detention for half an hour

A punishment of censure which is not likely to have any effect on the career of the police officers will not be a sufficient deterrent to the officer. The censure should be of such nature that other officers too must not emulate such actions in future.

Case Briefs High Courts

Delhi High Court directs CIC to provide details of contract entered by UIDAI with external organsations for handling grievance redressal

Transparency forms the core of good governance, and promotes efficiency and effectiveness in the functioning of the government

Case Briefs High Courts

Doctrine of Estoppel by Election inapplicable when Section 79 of the RERA Act clearly ousts civil courts’ jurisdiction: Calcutta High Court

Calcutta High Court opined that there was no contract between the parties due to the lack of a meeting of minds, therefore, the Specific Relief Act, 1963 cannot be invoked.

Case Briefs High Courts

Anganwari helper post| Calcutta High Court upholds merit-based appointment of candidate belonging to Scheduled Caste community against unreserved vacancy

As per West Bengal’s reservation policy, unreserved vacancies could be filled by meritorious reserved category candidates without adjusting them against reserved category vacancies.

Case Briefs High Courts

‘Easy for sellers to proliferate images and dupe customers’; Delhi HC grants injunction to Tibra Collection, a seller on Meesho, against its garments copyright infringement

“While E-Commerce provide new platforms for small designers and businesses, the same ought not to be misused for the purposes of imitating and producing look alike products thereby violating any intellectual property rights.”

Case Briefs High Courts

Magistrate duty bound to scrutinise complaint under Section 200 of CrPC, even if lodged by Public Servant: Calcutta High Court

Calcutta High Court stressed the importance of ensuring that the complaint is not false, vexatious, or intended to harass the accused.

Case Briefs Supreme Court

‘Conclusion of Trial to take reasonable time’; SC grants bail to murder accused in custody for more than 4.5 years

The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.

Case Briefs High Courts

Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence

Calcutta High Court held that although the JJB conducted a preliminary assessment, it did not adequately assess the Juvenile’s mental and physical capacity to commit the offense.

Can Karta sell HUF property without consent

Case Briefs Supreme Court

Can Karta sell HUF property without the consent of other joint family members? Supreme Court answers

Supreme Court clarified that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”

Case Briefs High Courts

Sexual Assault Case | Investigating and Presiding Officers have duty to make victims comfortable before recording statements: Bombay High Court

On determination of age, Bombay High Court expressed that “When there is still margin of four years, it cannot be said that the girl was not a “child” as defined under Section 2(d) of the POCSO Act.”