Case Briefs Archives | Page 229 of 914

‘Transgender’ is not a caste identity; every individual shall be permitted self-determination: Patna High Court

“The intention is not to give benefits based on caste, but to identify communities with the caste as an indicator of the larger group of individuals; who will require measures for their social, economic and educational upliftment, to ensure an equal status and decent living conditions, within the society.”

Case Briefs High Courts

Read why Allahabad HC ordered status quo on land held by Development Authority for establishing New Kanpur city

Allahabad High Court said that Development Authority is only in possession of part of the land and the scheme for proposed ‘New Kanpur City’ as of now is not viable.

Case Briefs High Courts

Calcutta High Court awards Rs. 5 Lakhs Compensation for 11-year-old’s death by electrocution

The single-judge bench had directed the Distribution Company to adopt the multiplier method used in assessing compensation in Motor Accident Claim Cases while issuing compensation in the present matter.

Case Briefs High Courts

Delhi High Court directs VAT Authorities to process Flipkart’s VAT refund along with interest

A pre-deposit does not partake the character of a tax or duty. Those are sums which are deposited by an assessed solely for the purposes of pursuing the remedy of appeal.

Case Briefs High Courts

‘Serious constitutional, administrative issues’; Delhi HC requests Attorney General for India’s assistance in a petition challenging appointment of Junior Judicial Assistants

“This Court opines that the present writ petition raises serious constitutional and administrative issues and requests the Attorney General for India to assist this Court as amicus curiae on the next date of hearing.”

Case Briefs High Courts

Non-disclosure of previous blacklisting justifies five-year blacklisting: Calcutta High Court

While prohibiting the appellants from participating in tenders, the Calcutta High Court admitted the present appeal for further consideration and deliberation.

Case Briefs Supreme Court

Dissenting Opinion in Arbitration cannot be treated as an award if majority award is set aside: Supreme Court

“Dissenting opinion of arbitrators might provide useful clues during procedural issues, which forms a critical part when the hearings are challenged”.

Case Briefs High Courts

COVID Protocol Violation Case | Punjab and Haryana High Court quashes FIR against Sukhbir Singh Badal

Punjab and Haryana High Court supported Sukhbir Singh Badal's claim of case being bereft of substance after joint reference to all the sections in the FIR.

Case Briefs Supreme Court

Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court

“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”

Case Briefs High Courts

‘DATAPAQ’ as a whole is a registered trade mark, no exclusivity is vested in ‘DATA’ or ‘PAQ’ separately: Delhi High Court

“The appellant's mark ‘DATAPAQ' has been registered in a large number of countries and the appellant has a number of marks ending with ‘PAQ '. Thus, the mark is consistent with the series of marks being used by the appellant.”

Case Briefs High Courts

Limitation period to file counter statement to notice of opposition would run from date of receipt of e-mail: Madras High Court

Madras High Court directed the Registrar of Trade Marks to re-consider and decide the matter on merits after providing a reasonable opportunity to both the parties

Case Briefs Supreme Court

Test Identification Parade does not violate Article 20(3) of Constitution: Supreme Court upholds conviction order of murder convict

The Supreme Court viewed that after the introduction of Section 54A in CrPC, an accused is under an obligation to stand for Test identification parade.

Case Briefs High Courts

Principal Amount should be static; Arbitral Tribunal cannot add pre-reference interest to the principal amount: Delhi High Court

“The interest awarded for that period could not have been subjected to a further levy of interest running through the period during which proceedings remained pending before the tribunal.”

Case Briefs High Courts

Husband’s Live-in Partner not being a ‘relative’ cannot be prosecuted for cruelty under IPC Section 498A: Kerala High Court

“By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a ‘relative’.”

Case Briefs High Courts

Gauhati HC sets aside conviction and sentence of a rape accused due to inconsistencies in the deposition of the prosecution witnesses

The Court was of the view that the depositions did not have the requisite sterling quality and inconsistencies in the same created serious doubt regarding the nature of the alleged sexual offence but also credibility of the deposition.

Case Briefs Supreme Court

“Where women are respected Gods live there”; Supreme Court cancels bail of Rajasthan MLA’s son in 15-year-old’s gang-rape case

The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.

Case Briefs High Courts

Article 226 does not empower High Court to issue positive direction for Muslim Marriage Registrar post creation: Calcutta High Court

Calcutta High Court directed the appellant to consider the formation of the new Police Station and relevant rules to create a permanent or temporary MMR post.

Case Briefs High Courts

Changing gender is a constitutionally recognised right: Allahabad HC directs DGP to allow lady constable for Sex reassignment surgery

If modern society does not acknowledge this vested right in a person, then it is only encouraging gender identity disorder syndrome

Case Briefs High Courts

Rajasthan High Court appoints sole arbitrator where performance security was forfeited without considering force majeure clause

“The Court exercised the powers conferred under Section 11 of the Arbitration and Conciliation Act, 1996 and appointed, Jai Prakash Narayan Purohit, Retired Additional District Judge, as the sole Arbitrator to adjudicate the dispute between the parties.”

Case Briefs High Courts

Social ostracisation is anti-thesis of humanity: Madras HC directs State to grant reservations to Transgender persons in local body elections

Transgenders have to be absorbed into the mainstream activities of society and for that, a change in attitude towards them is essential. Each human being has their own likes and dislikes, but when it comes to living in a society under the umbrella of togetherness, it is vital to accept the differences within us.