Case Briefs Archives | Page 218 of 914

Family Court cannot grant divorce on the ground of irretrievable breakdown of marriage: Delhi High Court

“Family Courts must restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Hindu Marriage Act, 1955 (‘Act’). Irretrievable breakdown of marriage is not a ground in the Act.”

Case Briefs High Courts

Right to choose life partner cannot be affected by matters of faith, belief, and religion: Delhi High Court

“Article 21 of the Constitution gives Protection of Life and Personal Liberty to all persons whereby it is the inherent right of every individual to exercise personal choices, especially in matter relating to marriage.”

Case Briefs High Courts

Contractual employment not enforceable when contract lacks statutory governance: Madhya Pradesh High Court

Madhya Pradesh High Court noted that the petitioner had been absent for an extended period, both before and after the court’s interim orders.

Case Briefs High Courts

Can a writ petition for restoration of dealership, arising out of a non-statutory contract be maintainable? Allahabad HC answers

Allahabad High Court said that negative onus cannot be fastened upon the petitioners as alleged by the Corporation, as it is not in dispute that at the time of survey, the dispensing unit was not in working condition or it was not dispensing oil.

Case Briefs High Courts

‘Post of Public Prosecutor is an integral part of criminal court system’; Delhi High Court directs Government of Delhi to conduct training of newly recruited public prosecutors

“Given the distinct role played by the Public Prosecutors, it becomes imperative that the appointees are adequately equipped to shoulder the weighty responsibilities the post carries.”

Case Briefs High Courts

Adibasi Kudmi Samaj’s indefinite protest by blocking railways and roadways “Illegal and unconstitutional”; Calcutta High Court directs State to ensure law and order

Calcutta High Court held that Adibasi Kudmi Samaj and its members do not possess a vested right to block roadways and railways, causing inconvenience to both the residents of the four West Bengal districts.

Case Briefs High Courts

Bombay High Court directs MCGM to issue DRC in favour of Eversmile Construction Company

Bombay High Court expressed that the holder of a property could not be denied a legitimate and recognized form of compensation for taking over a part of such property for public use.

Case Briefs High Courts

Bombay High Court allows transfer of divorce case for diabetic wife required to travel 468 Km

The Court also acknowledged the husband’s difficulty taking leave every now and then and allowed him to appear through video conferencing for the days when his physical presence is not required.

Case Briefs Supreme Court

Court cannot convict one accused and acquit other when there is similar evidence against them: Supreme Court

“The Criminal Court should decide like cases alike, and in such cases, the Court cannot make a distinction between the two accused, which will amount to discrimination”.

Case Briefs High Courts

Stamp Duty assessment dispute leaves no room for third-party intervention: Calcutta High Court

In the instant matter, the Calcutta High Court dismissed an application for addition of the applicant as a party in a writ petition challenging the assessment of stamp duty.

Case Briefs High Courts

Depositing award amount for withdrawal with due notice to the decree holder is sufficient to discharge onus on the judgment debtor: Delhi High Court

“The decree holder was not required to await the outcome of the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996, however, if it did choose to remain under a self-imposed embargo, then it can’t demand interest.”

Case Briefs High Courts

Any unit undergoing relocation, expansion, change of ownership, will not be eligible under Budgetary Support Scheme: Sikkim High Court

“Budgetary Support Scheme is limited to the tax which accrued to the Central Government under the Central Goods and Services Tax Act, 2017 and the Integrated Goods and Services Act 2017, after devolution of the Central Tax or the Integrated Tax to the States.”

Case Briefs High Courts

‘Not violative of Articles 19(1)(g), 300-A of Constitution’; Patna High Court upholds constitutionality of Section 16(4) of CGST Act, 2017 and BGST Act, 2017

“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”

Case Briefs High Courts

‘Supervisory or regulatory authority over trade mark agents and patent agents appears to be the need of the hour’; Delhi High Court observes

“There are repeated cases wherein litigants have raised allegations against Trade Marks Agents and Patent Agents and apart from reprimand from courts, there are no other consequences that visit them.”

Case Briefs High Courts

Opening/retaining history sheets, which interferes with right to privacy, should be done adhering to parameters inbuilt in the Police Rules: J&K and Ladakh HC

If an officer, mechanically, under the guise of prevention of crime and to protect others, opens or extends history sheets, it impacts the right to privacy of not only the individual against whom the order is passed, but also causes harm to other person’s rights.

Case Briefs High Courts

Drawback benefits available on gold exports despite non-payment of basic custom duty, if additional duty is paid during import: Delhi High Court

“Once the petitioner had paid the duties as contemplated under Section 3 of the Tariff Act, 1975, it could not be possibly contended that the goods were imported ‘duty free’.”

Case Briefs High Courts

Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements

“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.

Case Briefs Supreme Court

Supreme Court 5-Judge Bench seeks Union’s view on question of validity of LMV license for transport vehicles of specific class

Supreme Court left it to the Union Government to determine whether a change in law was warranted through diverse considerations falling within its remit during policy making choices and decisions.

Case Briefs High Courts

Delhi High Court: Mere inadvertent mentioning or non-mentioning of surname in caste certificate cannot be labeled as impersonation or furnishing of false information

In case of an alleged mismatch of details of the candidate during document verification, the caste certificate ought to be read in conjunction with other documents.

Case Briefs High Courts

Decoding Madras High Court verdict on right of detenu to make effective representation against preventive detention order

“This right of a detenu to make an effective representation against a preventive detention order is a very sacrosanct and sanctus constitutional right and such constitutional safeguard is ingrained in Article 22(5) of the Constitution of India”