Case Briefs Archives | Page 238 of 914

Case Briefs Tribunals/Commissions/Regulatory Bodies

Explained| SAT order directing SEBI to refund Rs. 25 crore penalty deposited by Reliance for violating SAST Regulations

There is no such thing under the SAST Regulations that acquisition and holding of shares without making a public announcement is a violation.

Case Briefs High Courts

‘Performance cannot be both unsatisfactory and outstanding in same year’; Rajasthan High Court quashes adverse entries made in Annual Confidential Report

“It is duty of the Reporting Officer and the Reviewing Officer to take care not only that in their assessment of overall performance of the subordinate officer but also they are not influenced by any personal interest, bias or malice.”

Case Briefs High Courts

Delhi HC dismisses petition of a person suffering from ‘locomotor disability’ seeking to pursue MBBS course under PWD category

“Rejection of the disability contained the reason that the petitioner is suffering with Locomotor Disability which is a physical disability and the same is assessed as zero per cent, so no certificate is provided to the petitioner with respect to the disability suffered by him.”

Case Briefs Supreme Court

Money Laundering Case | Supreme Court refuses to interfere with bail to Unitech Promoter’s wife Preeti Chandra

Delhi High Court had granted bail to Preeti Chandra through order dated 14-06-2023.

Case Briefs High Courts

Delhi High Court directs Delhi Government to ensure availability of cloud storage services to Sub-Registrars for preservation of documents

“The Delhi Government is directed to ensure that the necessary systems and cloud service is made available to all the Sub-Registrars’ offices so that the documents can be preserved without a situation as arose in the present case being repeated.”

Case Briefs High Courts

Madras High Court directs State to provide employment to woman whose brother was victim of caste-based murder

Madras High Court rejected the argument that compensation has been already paid to the petitioner, thus the question of providing employment to the surviving daughter will not arise, as the petitioner is relying upon the provision of a Special Act.

Case Briefs High Courts

Postal Department is liable for fraudulent act committed by its authorized SAS Agent: Calcutta High Court

The Postal Department has a sacred duty in upholding Trust as the nation’s preferred carrier and guardian of savings.

Case Briefs Supreme Court

‘Beneficial Standing Orders to prevail over employer-employee agreements’; SC holds workmen temporarily engaged with Jet Airways entitled to permanency

Supreme Court regarded the Industrial Employment (Standing Orders) Act, 1946 as a special Act expressly and exclusively dealing with the schedule-enumerated conditions of service of workmen in industrial establishments, giving recognition and form to workmen’s hard-won and precious rights.

Case Briefs High Courts

Delhi High Court grants injunction in favour of PUMA for alleged design infringement of its RS-X 3D Series shoes

The main grievance of the plaintiff is that defendant 2 has by adopting a trade dress for its BERKINS brand range of shoes which is nearly identical to the plaintiff’s RS-X range of shoes, sought to pass off its products as those of the plaintiff.

Case Briefs High Courts

Use of words like “Taliban”, “goonda” in news items is per se beyond the scope of guidelines issued by Press Council of India: Karnataka HC

Deliberating over a decade old case, the Court also noted that media being the 4th pillar of democracy should act like it, for it has a social responsibility to maintain peace, as publication of the news items have wide implication on the society at large.

Case Briefs Supreme Court

Modi Surname Defamation Case | Supreme Court stays Rahul Gandhi’s conviction

Rahul Gandhi was sentenced to two years imprisonment for offence under Sections 499 and 500 of IPC for his ‘all thieves have Modi surname’ remark.

Case Briefs Supreme Court

Supreme Court settles long-standing Greyhounds land dispute in Telangana’s favour; says no to compensation on resumption

In the case at hand, the Subject land was assigned to landless Scheduled Caste/Scheduled Tribe persons for the purpose of cultivation in 1960s who then transferred the land to a third party for consideration, violating the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

Case Briefs High Courts

Mass burial of Kuki-Zo community: Manipur HC directs State and Centre to maintain status quo ante of land where burial was proposed

A big mob from both the communities had gathered in and around the land in question and at any moment violence would have taken place, hence the Acting Chief Justice took up the matter at 6:00 A.M.

Case Briefs High Courts

[S. 34 Arbitration Act] Delhi High Court refuses to interfere in Indian Railway’s plea regarding arbitral award being perverse

Indian Railway’s has failed to substantiate its grounds for setting aside the impugned Arbitral Award that the impugned award suffers from patent illegality and the findings therein are perverse and would shock the conscience of this Court.

Case Briefs High Courts

Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother

The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.

Case Briefs Supreme Court

Supreme Court upholds the constitutionality of R. 4(10) and R.7(3) of Rajasthan Minor Mineral Concession Rules

Supreme Court reiterated that there is no right vested over an application made which is pending seeking lease of a Government land or over the minerals beneath the soil in any type of land over which the Government has a vested right and regulatory control.

Case Briefs High Courts

MV Act | Multiplier method for calculating compensation also applicable in serious injuries; Kerala High Court

“The very purpose of adopting the multiplier method in Sarla Verma (supra) is to do away with the considerable variation and inconsistency in assessing compensation and also to bring uniformity and consistency.”

Case Briefs Supreme Court

‘Witnesses from West Bengal expected to communicate and convey their version in National Language Hindi before UP Court’: SC

There are at least twenty-two official languages in India, and it is no doubt that people speak different languages, however, Hindi is the national language.

Case Briefs High Courts

Delhi High Court grants injunction in favour of Glaxo Group for its marks Betnovate-N, Betnovate-C, T-Bact, Cobadex, Zentel, Augmentin

“The comparison of the defendant’s and the plaintiffs’ marks will show that the defendant has not merely copied one mark or packaging but has deliberately adopted a series of marks, in packaging with almost identical colour combinations.”

Case Briefs High Courts

Notional increment cannot be denied on the ground that the person retired one day before the increment was due: Rajasthan High Court reiterates

“When the position of law is almost identical everywhere in the other States and when the benefit of Annual Increment is given to such employees, then denial of such benefits to the petitioners would amount to violation of their right of equality enshrined under Article 14 of the Constitution.”