Case Briefs Archives | Page 235 of 914

‘Inculcate a culture of better treatment of animals, even if they are bred to be culled’: Meghalaya HC

The Meghalaya High Court said that the State may consider being a model in the Country regarding the ethical treatment of animals.

Case Briefs High Courts

Calcutta High Court dismisses premature writ petition challenging appointment of WBSCTVESD’s Chief Administrative Officer

The petitioner challenged the appointment of the Chief Administrative Officer based on the absence of a notification number and approval details in the 2021 notification.

Case Briefs High Courts

Madras HC requests CBI to investigate against Pondicherry University professor and others for misappropriation of funds

The Finance Section of Pondichery University had found that from 2008 to 2016 a Professor had misappropriated the funds financed by the Government of India using fake and forged bills causing a wrongful loss to the Government of India to the tune of Rs.2.25 Crores.

Case Briefs High Courts

Calcutta High Court directs examination of safety measures to prevent entry of ragpickers into dumping yards

The Calcutta High Court asked for a detailed report from the appropriate authorities on the steps to be taken to prevent the entry of ragpickers and ensure their safety.

Case Briefs High Courts

Calcutta High Court quashes criminal proceeding under Section 153-A of IPC in Dhulagarh Riots Coverage Case

Calcutta High Court held that a necessary element of “intent to cause disorder or incite violence” under Section 153-A of the IPC, was not established in the case dairy

Case Briefs High Courts

Revocation Petition under Section 64 of Patents Act is not a suit within the meaning of Section 10 of CPC: Delhi High Court

“The Court cannot create a deeming fiction on its own, where the statute does not do so. In the absence of any provision which deems a revocation petition under Section 64 of the Patents Act to be a suit, a Court cannot, even in the interests of expediency, so hold.”

Case Briefs High Courts

Madras HC directs State to restore display board prohibiting Non-Hindus from entering Dhandayuthapani Swamy Temple

Madras High Court said that there was a prevailing practice of exhibiting a Board in all Temples that non-Hindus are not allowed in the Temple premises. It is not known as to why the State had removed the Board. Therefore, it granted interim status quo ante.

Case Briefs High Courts

What is the importance of motive in a case based on circumstantial evidence? J&K and Ladakh HC answers

The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.

Case Briefs High Courts

Distant relatives having no ‘domestic relationship’ roped to cause harassment and build pressure on husband; Bombay High Court invokes S. 482 CrPC to quash DV proceedings

The power of the High Court under Section 482 of the Criminal Procedure Code is of the widest amplitude, which can be exercised to secure ends of justice, unless barred by specific provision or by implication. Such power can be exercised to prevent unwanted harassment caused to a respondent with the application of rigour of the Criminal Procedure Code.

Case Briefs High Courts

POCSO| Delhi High Court dismisses petition to recall 7-year-old victim for cross examination; says repeated opportunities do not necessarily indicate fair trial

“While balancing the right of the accused to a fair trial and upholding the intent of the legislation, the courts are duty bound to remain sensitive to the plight of the seven-year-old sexual assault victim.”

Case Briefs High Courts

Punjab and Haryana High Court allows Father to live with Daughter, says ‘Father-daughter relationship much older than one with daughter-in-law’

Punjab and Haryana High Court allowed the petitioner to meet her father-in-law once a week for 1 hour.

Case Briefs High Courts

“Unproven Extra-Marital Affair allegations do not constitute cruelty”; Delhi High Court sets aside Divorce Order

In the present case, though the wife had made allegation of extra-marital affair against her husband in her written statement, nonetheless, when the husband entered-into the witness box and tendered his affidavit in evidence, he did not whisper even a word in this regard.

Case Briefs High Courts

Calcutta High Court dismisses PIL alleging misappropriation of funds by Kharagpur Panchayat Samity’s Executive Officer

Calcutta High Court observed that at this stage, the Court we cannot examine the disputed questions and directed the District Magistrate to provide an appropriate reply to the petitioner.

Case Briefs High Courts

Delhi HC directs Goldmines Telefilms to not upload audio-visual songs from 14 movies in copyright infringement case by Super Cassettes Industries

“The suit is filed in respect of exploitation of audio-visual songs from the movies, namely, Diljale; Main Aisa Hi Hoon; Vaastav; Bees Saal Baad; Ek Chaddar Maili Si; Guru; Hisaab Khoon Ka; Jungbaaz; Pati Patni Aur Tawaif; Pyaar Ka Mandir; Tahakla; Muddat; Indaniyat ke dushman; and Oonche Log.”

Case Briefs High Courts

Explained | Madras High Court verdict on payment of stipend to PG students by medical colleges

“Payment of a stipend is a statutory liability of the College; thus, it is not open for the College to deny the payment of the same to the students.”

Case Briefs High Courts

Delhi High Court issues directions to avoid medical negligence during MTP procedure in sexual assault survivors; Refuses bail

“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level.”

Case Briefs High Courts

‘Quashing of charge memo cannot be in routine manner’; Andhra Pradesh HC directs State to take appropriate steps to serve charge memo to Former Forest Range Officer

“It is the basic duty and responsibility of the respondent to protect the environment of the forest by complying with the G.O.Ms.No.91, Environment Forests Science and Technology (FOR.III) Department and by submitting the complete report as it is on his recommendation that the shifting is permitted.”

Case Briefs High Courts

Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court

“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”

Case Briefs High Courts

Calcutta High Court dismisses PIL in alleged misuse of National Flag in election campaign

Calcutta High Court dismissed the PIL as after noting that the FIR is already registered on the alleged offence and the investigation was in progress.

Case Briefs High Courts

Legal profession not a commercial activity, chambers should not be charged commercial rate of electricity: Allahabad High Court

Allahabad High Court directed UPPCL to charge for the consumption of electricity by the lawyers chambers in the court premises as per the rate schedule LMV-I as approved by the U.P. Electricity Regulatory Commission.