Case Briefs Archives | Page 237 of 914

Calcutta High Court rejects plea challenging Minimum Wage Advisory for Tea plantations in West Bengal

Calcutta High Court held that tea plantation owners cannot challenge Government’s Wage Enhancements after willingly accepting them for so long.

Case Briefs High Courts

Delhi High Court grants injunction against WOW MOMO from using WOW CHINA BISTRO marks

Delhi High Court observed that the composite mark CHINA BISTRO cannot be said to be lacking in distinctiveness, when seen as a whole, in the absence of any evidence or material to that effect led by Wow Momo Foods Limited.

Case Briefs High Courts

Bombay High Court decides deceased’s first wife’s entitlement after she was denied pension due to second wife

The Petitioner is 86 years of age today and though she is a legally wedded wife, she received no pension after the demise of her husband for 25 years only because the second wife Rukhminibai was paid the pension after the demise of the freedom fighter husband.

Case Briefs High Courts

Rajasthan High Court| Vehicle driven by deceased in course of employment to be compensated by Insurance company only under Workmen Compensation Act, 1923

“The liability of the Insurance Company will be restricted to that arising under the Workmen Compensation Act, 1923 and the owner will be liable to satisfy the remaining part of the award.”

Case Briefs High Courts

Tax Recovery| Purchasing dealer cannot be denied Input Tax Credit for selling dealer’s failure to deposit tax: Calcutta High Court

The Calcutta High Court held that respondent authorities should proceed against a defaulting selling dealer for tax recovery and not deny ITC to the purchasing dealer.

Case Briefs High Courts

[WhiteHat Jr v. Whitehat Sr] Delhi High Court grants permanent injunction to Whitehat Education Technology for its marks ‘WhiteHat Jr’, ‘W’; awards Rs. 9 lakhs costs

“Due to the fact that the defendant has not contested the matter, but compelled the plaintiff to file the present suit, by not agreeing to give up the infringing mark, despite being put to notice, the plaintiff is entitled to receive actual costs.”

Case Briefs Supreme Court

Murder accused not represented by a lawyer due to strike; SC set aside Rajasthan HC order rejecting bail and remands matter

Supreme Court considered the fact that the accused was represented by his son, as the Advocates were on strike in Rajasthan and hence, the petitioner could not properly represent himself before the court of law.

Case Briefs High Courts

Sexual harassment victims under POCSO Act covered under Kerala Victim Compensation Scheme, 2017: Kerala High Court

Kerala High Court scrutinized the definition of ‘sexual assault’ and expressed that the same has to be construed as sexual offence against a victim, including sexual harassment.

Case Briefs High Courts

‘Policy framed by the Government is in national interest’; Delhi High Court dismisses plea against conversion of Ordnance Factory Board into Corporations

“The policy decision of the Government is aimed to enhance functional autonomy, efficiency and unleash new growth potential and innovation in Ordnance Factories. The re-structuring is aimed at transforming the Ordnance Factories into productive and profitable assets, deepen specialization in product range, enhance competitiveness, improving quality and cost efficiency.”

Case Briefs High Courts

For fixing inter se seniority, “date of appointment” of direct recruits should be considered: Delhi High Court

“The principle of determination of inter se seniority amongst direct recruits and promote officers makes it clear that for the purpose of fixation of inter se seniority, the date to be reckoned for the direct recruits is “the date of appointment.”

Case Briefs High Courts

FSSAI | Can Police, not being Food Safety Officers, investigate food safety matters punishable under IPC? Calcutta High Court examines

Calcutta High Court dismissed all the three criminal revision applications seeking quashing of the criminal proceedings and deemed them groundless.

Case Briefs High Courts

‘Animal Transportation Rules not followed’; Bombay HC upholds custody of animals to NGO

The animals were loaded 3-4 times beyond the capacity of the vehicles, no provision for first-aid equipment, fodder, and water in the vehicle.

Case Briefs High Courts

A woman has an identity that cannot be taken away depending upon her marital status: Madras HC directs police to ensure entry of a widow in temple

It is quite unfortunate that the archaic beliefs that if a widow enters a temple, it will cause impurity continues to prevail in this State. Even though the reformers are attempting to break all these senseless beliefs, it continues to be practiced in some villages.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking implementation of Mental Healthcare Act in educational institutions

The Court passed no further orders considering the information provided in the Status Report and the measures taken by the authorities concerned towards the implementation of the Mental Healthcare Act, 2017.

Case Briefs High Courts

Madhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal

Madhya Pradesh High Court held that the Trial Court failed to properly adjudicate the issue related to calculation of limitation period.

Case Briefs High Courts

Calcutta High Court criticizes authorities for cryptic considerations and denial of due process in rejecting OBC certificate; orders fresh enquiry

The Calcutta High Court held the considerations by both the BDO as well as the Appellate Authority were extremely cryptic, and they shirked their responsibility by rejecting the petitioner's application.

Case Briefs High Courts

Bombay High Court dismisses challenge against Mahalunge-Maan Town Planning Scheme by calling it as a ‘premature petition’

The 55 petitioners in the instant matter claimed that they were denied compensation of lands acquired for public purposes.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT directs RP to approach CoCs for refunds to passengers for cancelled Go Airlines tickets

NCLT seeks response from respondents to the application for refunds to passengers under Section 60(5) of IBC.

Case Briefs High Courts

Wife leaving matrimonial house with traditional marriage ornaments cannot form basis for criminal case: Calcutta High Court

Calcutta High Court quashed the criminal proceeding pending before the Judicial Magistrate and all related orders.

Case Briefs High Courts

Delhi HC dismisses PIL seeking removal of blockades while travelling from Supreme Court Additional Building to Delhi High Court

The traffic authorities are the best judges to decide the issue of regulation of traffic in the city and the Court while exercising its jurisdiction under Article 226 of the Constitution of India cannot sit over as an Appellate Authority over the decisions taken by the traffic authorities for regulating the movement of traffic in the city.