Case Briefs Archives | Page 220 of 914

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”

Case Briefs High Courts

Delhi High Court| Fit case for adjudicating whether UPSC can be directed to release Answer Key for UPSC Prelims, 2023 before Final Results

In the instant case, since the candidates are merely asking for the disclosure of the answer key, the same stands on a different footing altogether than the recruitment in the context of Article 323A of the Constitution.

Case Briefs High Courts

Reserved category candidates can compete in unreserved category for PSC’s recruitment process based on merit, even after availing age and fee relaxation: Calcutta High Court

The instant matter involved a dispute over the preparation of a merit list for government posts in West Bengal, with a focus on the treatment of candidates from reserved categories who had availed age and fee relaxations.

Case Briefs High Courts

Calcutta High Court appoints Special Officer to determine Class X student enrolment status in St. Augustine’s Day School

The concerned school, despite being cautioned, continued to indulge in different kinds of irregularities resulting in discontinuation of the affiliation of the school.

Case Briefs High Courts

[Project NH-32] Delhi High Court upholds Award of Rs. 36 Crores to be paid by NHAI to Ashoka Buildcon Ltd

“It is essential that there be illegalities or deficiencies at the face of the Award which shocks the conscience of the Court for it to qualify to be set aside by an act of this Court while adjudicating upon a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.”

Case Briefs Supreme Court

Physical education and Library Personnel in Karnataka Government Grade Colleges drawing UGC pay scales of 1996 entitled to other government benefits: Supreme Court

Supreme Court expressed that since the benefit was granted in further cases, the appellants could not be denied the same. However, the directions for application of instant judgment were kept very specific by the Court.

Case Briefs High Courts

‘Kerosene oil — Poor Man’s Fuel’; Calcutta High Court directs Central Government to establish policy for subsidised Kerosene oil prices for consumers

Calcutta High Court acknowledges the Central Government’s efforts to promote cleaner fuels but emphasizes the importance of ensuring that essential commodities like kerosene remain accessible to those who depend on them for their basic needs.

Case Briefs High Courts

State’s justification for refusing 13 Judicial Officers’ promotions after Punjab and Haryana HC pulled the authorities for ‘language’

“Keeping in view the controversy involved, the original record received be sealed and kept with the Registrar Judicial.”

Case Briefs High Courts

Divorced daughter is not a dependant u/s 21 of Hindu Adoption and Maintenance Act, 1956, thus not entitled to maintenance: Delhi High Court

“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a ‘divorced daughter’ does not feature in the category of dependents entitled to maintenance.”

Case Briefs Supreme Court

RBI’s Amalgamation Scheme aimed at securing larger public interest and banking industry’s health: Supreme Court

Supreme Court clarified that Clause 3(3) of amalgamation scheme does mention regarding continuation of legal proceedings by or against a transferee bank, but such amalgamation is aimed at securing larger public interest.

Case Briefs High Courts

Being brother of a militant, and lacking any ostensible activities disrupting public peace or security, cannot justify preventive detention: J&K and Ladakh HC

The live and proximate link between the past conduct of the detenue and the imperative need to detain, must be harmonised to rely upon the alleged illegal activities of the detenue.

Case Briefs High Courts

Delhi High Court deprecates children being used as an instrument in matrimonial disputes; Directs lawyer husband to do 10 pro bono cases

Delhi High Court mentioned that children born from the wedlock will be free to pursue their legal rights in accordance with the law. The parties have entered a settlement only regarding their rights and titles leaving open the the rights, titles, and interests of the children to pursue their legal remedies as per law.

Case Briefs Supreme Court

SC acquits murder convict on ground of insanity; Sets aside HC’s life sentence verdict for murdering grandfather

“If the conclusion of the Trial Court is a plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused”.

Case Briefs Supreme Court

What is the ambit of “Commercial Purpose” defined under Consumer Protection Act?: Supreme Court answers

Supreme Court, while going by the ordinary meaning of ‘commercial purpose’, said that ‘Commercial’ denotes “pertaining to commerce”. However, the Explanation clarifies that even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’

Case Briefs High Courts

‘Highly qualified and has earning capacity’; Delhi High Court denies maintenance to a woman who did not disclose her true income

“Section 24 of the Hindu Marriage Act, 1955 is not meant to create an Army of idle people waiting for a dole to be awarded by the other spouse.”

Case Briefs High Courts

“Court cannot shut its eyes when it has been proven that employees were posted on basis of political pressure on employers”: Karnataka HC observes

“Any action of transfer based on political pressure brought by any employee for being posted to a particular place is not only required to be annulled, but such an employee cannot be granted the requested posting”.

Case Briefs High Courts

Trial Court rightly relied upon Aadhaar card to ascertain victim’s age u/s 94 of the JJ Act, 2015; Delhi High Court upholds discharge in POCSO case

“Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the Protection of Children Against Sexual Offences Act, 2012, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.”

Case Briefs High Courts

‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case

“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.

Case Briefs High Courts

Financial status of a spouse is not the sole determining factor to consider custody of a child: Delhi High Court reiterates

“Since the age of two years, the son has been in the exclusive custody of his mother and has had minimal interaction with his father. Now, when he is 16 years of age and has expressed his independent preference of continuing in his mother’s custody.”

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC directs developers to hand over possession of flat or refund sum of 1 crore to a buyer

NCDRC remarked that the argument of dissolution of joint venture agreement relieving obligations of one of the opposite parties was misconceived and could not be accepted.