Case Briefs Archives | Page 234 of 914

CCTV in Court complexes; Judicial Infrastructure Digitisation: Supreme Court’s big guidelines for improved security for all stakeholders

“Preserving the sanctity of a court as a space where justice is administered and the rule of law upheld being non-negotiable, it is critical that judicial institutions take comprehensive steps to safeguard the well-being of all stakeholders.”

Case Briefs High Courts

Burden of Proof remains unshifted on failure to substantiate misrepresentation contentions; Calcutta High Court dismisses partition appeal

“The appellants/plaintiffs are to prove their own case and they cannot bank upon the laches on the part of the respondent/defendants.”

Case Briefs High Courts

Google’s use of trade marks as keywords for display of advertisements, amounts to ‘use’ under Section 29(6) of Trade Marks Act, 1999: Delhi High Court

“There is nothing illegal in seeking out internet users as targets for advertisements that they may find relevant. In brick-and-mortar world, there will be no question of infringement if customers looking for a product are also offered products of rival competitors”.

Case Briefs High Courts

‘Demolition carried out is in violation of interim orders’; Patna High Court initiates contempt case against officials of Patna Municipal Corporation

“A contempt case is initiated against the Municipal Commissioner, the Additional Municipal Commissioner, the Executive Officer and the Executive Engineer of the Patna Municipal Corporation; and against the Project Director of the Patna Smart City.”

Case Briefs Supreme Court

Supreme Court strikes 75% marks criteria in Class 12 for sports quota

“The objective of introducing the sports quota i.e., 2% of intake, was to promote and encourage those who excelled and gained a certain degree of prescribed proficiency and achievement in defined competitive sports.”

Case Briefs Supreme Court

“Right to education not only includes free and compulsory, but also quality education”; Supreme Court rules B.Ed. Graduates ineligible for primary school teaching

Supreme Court said that B.Ed. is not a qualification for teachers at Primary level of schooling. The pedagogical skills and training required from a teacher at Primary level is not expected from a B.Ed. trained teacher.

Case Briefs High Courts

No eviction under Section 108 of Transfer of Property Act on unauthorized construction outside tenanted portion: Calcutta High Court

Calcutta High Court remanded the eviction case to First Appellate Court on finding that the alleged construction was outside the tenancy property.

Case Briefs High Courts

Delhi High Court directs Registrar of Trade Marks to remove Deal International’s mark ‘SHERRIN’ due to non-use and trade mark squatting

“The logo and style of writing of the mark ‘SHERRIN’ having been designed in Australia by Russell Corp Australia (P) Ltd., several years prior to the application filed by Ashok Mahajan, trading as Deal International, is also liable to be protected under the law of copyright.”

Case Briefs High Courts

Assailing vires of a statutory provision does not oblige Court to examine and entertain petitions: Bombay High Court

Bombay High Court allowed the petitioner to avail the remedy of appeal under Section 406 of MMC Act assailing the impugned assessment orders within 4 weeks, to be adjudicated by appellate authority on merits.

Case Briefs High Courts

Criminal Proceedings against victim must be initiated in cases of false FIRs filed under POCSO and SC/ST Act: Allahabad High Court

It is very unfortunate that now a days, in maximum cases the women are using false rape FIRs as a weapon just to grab money from State, which should be stopped.

Case Briefs High Courts

“There was a calculated attempt to undermine administration of criminal justice” Madras HC on transfer of corruption case against Former Transport Minister K Ponmudi

“When a manifest illegality by a criminal court resulting in gross failure of justice comes to the notice of the High Court, it is the bounden duty of the High Court as a Constitutional Court to set right the illegality and to ensure that public confidence in the criminal justice system is maintained.”

Case Briefs High Courts

Calcutta High Court orders examination of rehabilitated horses for potential return to owners

Calcutta High Court gave directions to veterinarians attached to the Government Institution to examine rehabilitated horses and submit compliance report on next date of hearing.

Case Briefs High Courts

Calcutta High Court criticizes Authorities’ unjustifiable procrastination and inaction; orders refund of lapsed deposit with interest

Calcutta High Court observed that “…inaction and ‘shifting the blame game' by one authority to another is highly deprecated by this court.”

Case Briefs High Courts

Calcutta High Court dismisses revision seeking cancellation of bail in assault case

The Calcutta High Court criticized the trial court for solely relying on party’s submissions and not calling for injury report.

Case Briefs High Courts

Delhi High Court takes suo motu cognizance of sexual assault on 3-year-old girl child by school cleaner in South Delhi

“The counsel for the respondent was directed to take all necessary measures to protect the identity and right to privacy of the girl child and that the media acts in compliance with Section 23 of Protection of Children from Sexual Offences Act, 2012.”

Case Briefs High Courts

‘Right to conduct business is subject to reasonable restrictions’; Delhi HC dismisses plea to quash Northern Railways tender notification on new trains

“Engaging in opportunistic litigation undermines the fairness and credibility of the tendering process, creating an environment of unpredictability. Such practices must be strongly discouraged to ensure the integrity of the tendering system of procurement.”

Case Briefs High Courts

Can Micro & Small Enterprises Facilitation Council entertain references to arbitration from ‘Medium Enterprises’ under MSMED Act, 2006? Delhi High Court analyses

The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.

Case Briefs Supreme Court

How Trial for offences under IPC would be affected if Sanction for offences under PC Act is declined? SC Highlights

“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”

Case Briefs High Courts

Delhi High Court directs issuance of guidelines to address non-compliance of Section 195 of CrPC

“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”

Case Briefs High Courts

Madhya Pradesh High Court grants Bail on merit and willingness to serve social cause

The applicant offered to serve the environment or national/social causes, such as planting saplings, to make amends.