Case Briefs Archives | Page 236 of 914

“Issue an order to regulate sex-selective surgeries on infants and children within 3 months”; Kerala High Court to government

In the meantime, Kerala High Court restricted sex selective surgery to be permitted specifically on the opinion of a State Level Multidisciplinary Committee depicting the same to be essential for saving the child’s/infant’s life.

Case Briefs High Courts

Insulting husband over dark complexion and levelling false allegations to cover up the same, constitutes cruelty: Karnataka HC

In this case, the husband had petitioned for dissolution of his marriage on grounds of cruelty, but the Family Court dismissed his petition. However, the High Court upon close scrutiny of evidence on record, set aside the Family Court’s decision.

Case Briefs Supreme Court

‘Prosecution utterly failed to prove incriminating circumstances beyond reasonable doubt’; SC acquits three murder convicts

The Supreme Court said that the evidence regarding the last seen theory was totally unreliable and the evidence regarding the Call Detail Records also did not inspire any confidence.

Case Briefs High Courts

Mental Cruelty is subjective and varies from person to person; Calcutta High Court acquits accused in alleged domestic cruelty case

Calcutta High Court held the trial court’s findings were not aligned with the legal requirements for cruelty under Section 498A IPC.

Case Briefs High Courts

[Right to Health] Delhi High Court issues directions to ensure mental and emotional health of prisoners

It is time to ensure that a convict who leaves the correction home/prison is restored to the society as a law-abiding citizen who has repented his past conduct. This can be achieved only if the mental health issues of the convicts in prisons are recognized and attended to, rejecting the notion that this view is too idealistic.

Case Briefs Supreme Court

SC upholds Kerala High Court Order: Pathological Laboratories covered under ESI Act from 2007; not 2002

It was notified on 06-09-2007, that provisions of Employees’ State Insurance Act, 1948 would extend to Medical institutions, wherein 20 or more persons are or were employed.

Case Briefs High Courts

Rape and murder of 4-year-old girl child: Madhya Pradesh High Court commutes death sentence to life sentence without remission

The Madhya Pradesh High Court observed that the test which is to be applied for death sentence are – crime test, i.e., aggravating circumstances and mitigating circumstances, criminal test and R-R test.

Case Briefs Supreme Court

Decoding Supreme Court verdict on V Senthil Balaji’s plea in Cash for Job Scam case

Supreme Court held that the words “such custody” occurring in Section 167(2) of the CrPC, 1973 would include not only police custody but also that of other investigating agencies.

Case Briefs High Courts

Compliance of Section 19 of MSMED Act is a pre-requisite for seeking Stay on Arbitral Award: Calcutta High Court

The Calcutta High Court held that failure to comply with procedural requirements under Section 19 of the MSMED Act renders application for stay of Arbitral Award as not maintainable.

Case Briefs High Courts

Consent for extending arbitral period under Section 29A(3) of 2015 Amendment Act doesn’t need to be express or in writing: Himachal Pradesh HC

“The consensus of the parties in proceeding with the arbitration case beyond twelve months without raising any objection to the continuation of proceeding does amount to consent. On the basis of such consent, the arbitral award if passed after six months would be a valid award.”

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Deficiency in service] DCDRC directs Amazon to compensate for defective telescope

Amazon defended its case saying that it was merely an online platform and not the seller of such defective telescope, contending that there was no deficiency in service.

Case Briefs High Courts

‘Affected individuals should not lose pensionary benefits due to delay in appointment by authorities’; Calcutta High Court directs notional appointment

“The petitioner cannot be penalised for the delay caused by the respondent authorities in appointing the petitioner to the post in question.”

Case Briefs High Courts

[Glucon-D v Gluco-D] Delhi High Court restrains Cipla from using GLUCO-C and GLUCO-D for its energy drinks

Delhi High Court grants injunction against Cipla Healthcare from using the marks Gluco-C or Gluco-D either by themselves or as part of the marks Prolyte Gluco-C ++ or Prolyte Gluco-D ++ being deceptively similar to the plaintiff registered marks GLUCON-C or GLUCON-D respectively.

Case Briefs High Courts

Calcutta High Court warns disquiet litigant against misuse of Legal Process; imposes Rs. 5 Lakh cost

Calcutta High Court observed that the argument advanced by the applicants leave an impression that “a desperate attempt is made to have the order reviewed in the garb of recall”.

Case Briefs High Courts

Explained | Why Punjab and Haryana High Court halted Nuh demolition drive

The Court referred to Lord Acton’s words that “power tends to corrupt and absolute power corrupts absolutely”.

Case Briefs Supreme Court

Supreme Court grants regular bail to pregnant woman accused of abetting husband’s suicide

Earlier, the Supreme Court vide order dated 30-06-2023, had ordered release of the accused on interim bail, as she was pregnant.

Case Briefs High Courts

Raids by officials of Eastern Coalfields not illegal: Calcutta High Court

Calcutta High Court quashed the criminal proceedings initiated against officials of the Eastern Coalfields.

Case Briefs Supreme Court

Women sexual violence in Manipur | Supreme Court constitutes all-women committee to oversee probe, suggest remedies

Supreme Court further ordered the judicial committee and Dattatray Padsalgikar to submit separate reports before the Court.

Case Briefs High Courts

Superior court’s reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates

“In certain situations, it may be expedient to leave it to the arbitrator to determine the issue as to whether stamping is insufficient, and if so, the arbitrator will take recourse to Section 33 of the Stamp Act, 1889.”

Case Briefs High Courts

Delhi High Court | Courts must prioritise purpose of a statute over technicalities while deciding condonation of delay applications

The primary intent of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Act is to safeguard the rights of the unborn girl child and promote gender equality by curbing the misuse of diagnostic techniques for sex determination. Therefore, while deciding applications seeking condonation of delay, Courts should prioritize the Act’s underlying purpose over technicalities.