Case Briefs Archives | Page 211 of 914

[Absolute Barbecque Restaurant case] Delhi Court directs registration of FIR for cheating and criminal conspiracy against owners of a property in Connaught place

The landlord concealed the fact that NDMC’s approval for dismantling work in the premise was not taken, leading to sealing of the premise, where Absolute Barbecque was about to run.

Case Briefs High Courts

Delhi High Court refuses to exercise jurisdiction by invoking the doctrine of forum conveniens

“The issuance of the letter dated 10-05-2016 from Delhi can, at best, be said to constitute a ‘slender part of the cause of action’ and cannot be determinative of the question as to whether this Court ought to entertain the petition.”

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC finds Nik Bakers liable for deficient services for providing “unhealthy dye cake”; directs them to pay compensation of Rs 40,000

“Complainant had levelled the very serious allegations vis-a-vis the quality of the cake, and that too on the same day when the cake was consumed. Thus, a heavy duty was cast upon the bakers, who claimed themselves to be equipped with appropriate laboratory facility, to get the sample of the cake tested”.

Case Briefs High Courts

“Question of claiming maintenance does not arise when wife is staying in adultery”: Karnataka High Court

In view of the wife’s “conduct and dishonesty”, the Court dismissed revision petition filed by the wife seeking to set aside the order of the Sessions Judge setting aside her monetary maintenance and compensation.

Case Briefs High Courts

Himachal Pradesh HC directs DGP to comply with POCSO Act for protecting identity of victim

“This Court must record its concerned about the manner, in which, the mandatory provisions of Section 33(7) of the Protection of Children from Sexual Offences Act, 2012 are being violated, with impunity.”

Case Briefs High Courts

Social reservations need not be maintained by Educational Institution administered and managed by Minorities: Madras High Court

“State Government is within its right to impose the threshold cap of admitting students from minority community to 50 percent”

Case Briefs High Courts

Pre-Deposition Certificate by Controlling Authority under Section 7(7) of Payment of Gratuity Act, 1972 enables employer to file appeal without actual deposit: Calcutta High Court

Calcutta High Court acknowledged that LIC had indeed transferred the amount and issued a certificate to employer, enabling them to file the statutory appeal.

Case Briefs High Courts

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.

Case Briefs High Courts

Significance of socio-cultural activities cannot be ignored: Delhi High Court permits Dussehra celebration at district park

“What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment.”

Case Briefs High Courts

Calcutta High Court upheld BL&LRO’s permission to private party for conducting Durga Puja on disputed land

Calcutta High Court held that since the party have been conducting Durga Purja on the said land for so many years, therefore, no question arises of asking for permission from others except BL&LRO.

Case Briefs District Court

‘Custodial Torture not part of official duty’; Gurgaon Court directs Commissioner of Police to take legal action against CIA officials

“It takes extraordinary courage for an accused to speak out for the atrocities committed by any police official. Simply because the allegations are coming from the mouth of the accused should not be the reason to outrightly disbelieve him.”

Case Briefs High Courts

Prohibition on cut flowers import through all airports, except for Chennai, not arbitrary against traders in Delhi-NCR region; aims to fortify nation’s biosecurity: Delhi High Court

“Biosecurity constitutes an integral facet of national security. The inadvertent introduction of invasive alien species or harmful exotic pests, whether through flowers, fruits, vegetables, or other pathways, poses a grave threat to the country’s native agricultural produce and, by extension, its agrarian economy.”

Case Briefs Supreme Court

Trial not likely to be concluded soon; SC grants bail to NDPS accused after 6 years in Jail

The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.

Case Briefs Foreign Courts

Supreme Court of Mauritius decriminalises sodomy between two consenting adult males

S. 250(1) of Criminal Code Act, 1838, is discriminatory in effect, and breaches Section 16 of the Constitution inasmuch as it criminalises the only natural way for homosexual men to have sexual intercourse.

Case Briefs High Courts

Delhi High Court criticizes Authorities for abusing procedure of booking venue for Ramlila and Dussehra Mela

“The basic requirement of Article 14 of the Constitution is that any action of the State must be non-arbitrary in essence and substance. It is the heartbeat of fair play and State actions are amenable to judicial review to the extent that the State must act validly for a discernible reason and not whimsically.”

Case Briefs Supreme Court

COVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court

The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.

Case Briefs Supreme Court

Child Custody| Supreme Court modifies Family Court’s order, allows father to meet child in mall instead of Court premises

Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.

Case Briefs High Courts

[Asian Games 2023] Delhi HC upholds disassociation of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) due to sexual harassment allegations

“The High Court would be empowered to exercise the powers when it finds that the decision impugned is so arbitrary and capricious that no reasonable person would have ever arrived at.”

Case Briefs Supreme Court

Supreme Court rebukes Jharkhand Govt. for sleeping over 20-year-old case on back wages; Summons State’s Chief Secretary

During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.

Case Briefs High Courts

Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018

Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation