Case Briefs Archives | Page 233 of 914

“Election contest not an action at law or suit in equity, but a purely statutory proceeding; Election provisions must be strictly construed”: Supreme Court

“Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of.”

Case Briefs High Courts

Rajasthan High Court commutes death penalty of a man convicted for rape and murder of 4 and a half-year old girl

“The Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.”

Case Briefs District Court

Wife earned 90 lakhs, husband employed in her firm earned 3.5 lakhs; Mumbai Court sets aside order granting maintenance to wife

The Court pin-pointed the huge difference in income of the husband and wife, and that there was no documentary evidence to support the wife’s claims of being indebted.

Case Briefs High Courts

Calcutta High Court upholds cessation of Letter of Intent due to unauthorized change in business structure

Calcutta High Court observed that the petitioner admitted the mistake of changing the business structure without obtaining prior approval.

Case Briefs High Courts

Mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place: Delhi High Court

The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”

Case Briefs High Courts

Air India Limited being a private entity is no longer amenable to writ jurisdiction: Delhi High Court

“The writ petition, while initially deemed maintainable, has since become non-maintainable due to the privatization of Air India Limited. This development has rendered it beyond this Court’s jurisdiction to issue any writ, order, or direction against the respondents.”

Case Briefs High Courts

Lapsed acquisition notice yields compensation entitlement under 2013 Land Acquisition Act: Calcutta High Court

The Calcutta High Court held that since the acquired land had been used for public purposes, compensation under the Act, 2013 should be provided to the petitioners.

Case Briefs Supreme Court

Marine Hull Insurance Policy| Insurer not liable to reimburse loss upon Insured’s failure to comply with warranty class; SC upholds NCDRC order

Supreme Court said that when the defects are not intimated, and the warranty class has not been complied with, the Classification Certificate automatically becomes invalid.

Case Briefs High Courts

‘Labour Cess not leviable on supply of materials for contract distinct from civil works’; Jharkhand High Court concurs with Single Judge Bench

The Court viewed the levy on consultancy or supply to be a clear deviation from provisions of Cess Act.

Case Briefs High Courts

Karnataka HC refuses to quash charges against former intern of IIS allegedly involved in data theft of Light Combat Aircraft and selling it on Dark Web

The Court stated that necessity to regulate the usage of dark web has become the need of the hour and persons involved in acts of uploading sensitive data of defence of the nation on to the dark web should be dealt with iron hands.

Case Briefs High Courts

‘When father takes role of predator, it has serious impacts on humanity’; Orissa HC upholds father’s conviction for raping minor daughter

“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”

Case Briefs High Courts

Madras High Court dismisses lawyers’ pleas praying to participate as eligible candidates in direct recruitment to the post of Civil Judge

“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”

Case Briefs High Courts

Unambiguous intent required for incorporating Arbitration Clause by reference under Section 7(5) of the Arbitration and Conciliation Act, 1996: Calcutta High Court

In the instant matter, the primary issue was the incorporation of arbitration clauses from the Master Facility Agreement and Settlement Agreement and the maintainability of a composite reference.

Case Briefs High Courts

Rajasthan High Court: Chest measurement criterion for female candidates is arbitrary, outrageous and lacks sensitivity

“When the yardstick of minimum chest size is not provided for other government jobs involving comparable or more physical activity, one does not see any rhyme or reason behind the criterion in question, particularly for female candidates.”

Case Briefs High Courts

‘Mere fining not sufficient’; Uttaranchal High Court directs State to blacklist handlers/owners who subject their Equines to cruelty, maltreatment

“The District Magistrate concerned is to ensure that sufficient police force is deployed at barrier to prevent forced unauthorized entry into Yatra Route by unregistered handlers, along with their unregistered Equines and any other routes, which are not barricaded, should be blocked to prevent unauthorized entry.”

Case Briefs High Courts

Delhi High Court restrains Hi Tech Private Limited from using the marks HTA or ARS-HTA

“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”

Case Briefs High Courts

Andhra Pradesh High Court stays construction of houses for Economically Weaker Sections in Amaravati R5 Zone

“If the construction is completed it will be a fait accompli. The loss will be irreparable. Balance of convenience is in favour of maintaining the status quo with respect to the construction of houses in R5 zone till the final judicial orders are passed.”

Case Briefs High Courts

Right to Vent| Madras High Court quashes charge memo against bank employee who mocked higher authorities on WhatsApp group

“When even prisoners have fundamental rights and it has been declared by the Supreme Court that Part III of the Constitution does not stop at the prison gates, it would be ridiculous to suggest that the moment a person becomes a bank employee, he has to bid good-bye to Article 19(1)(a).”

Case Briefs High Courts

Selection Committee need not record reasons for its decision as long as due consideration was given to candidate’s merit: Delhi High Court

“The role of the Selection Committee is neither judicial nor adjudicatory. In the absence of any rule or regulation, there was no obligation on the Appointments Committee of the Cabinet (‘ACC') for providing reasons while passing the order regarding approval or non-approval of a candidate.”

Case Briefs Supreme Court

Supreme Court upholds P&H High Court’s order striking down decision of HSIIDC to conduct manual auction from end stage of e-auction

“Public interest need not remain exclusively limited to ensuring maximum revenue accrual for the government. Instead, public interest includes, without limiting itself to, a fair, transparent and stable process which all executive actions must adhere to.”