Case Briefs Archives | Page 250 of 914

Condition of Right to Repurchase in Sale Deed not Personal unless specifically stated: SC

The Court also said that the right to repurchase can always be assigned and the contract containing such condition shall be enforceable, with only exception that such a right should not be personal in nature.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor cannot constitute Committee of Creditors with a single Operational Creditor under IBC: NCLAT

NCLAT held that CIRP be closed with respect to the Corporate Debtor since not a single ‘Claim' was received by the IRP even after the public announcement.

Case Briefs Foreign Courts

“Sad day for American constitutional law and LGBTQ+ people”: Decoding the Dissent to SCOTUS allowing wedding website designer to decline services to same-sex couples

In a fierce dissent to the majority decision of allowing a wedding website designer to decline services to same-sex couples, 3 SCOTUS Judges pointed out that US Constitution contains no right to refuse service to a disfavoured group and cautioned that this decision may negatively impact not only the LGBTQ+ community, but also interracial couples in future.

Case Briefs Foreign Courts

When a Canadian Court ruled that “thumbs-up” emoji constitutes a valid non-traditional means to convey acceptance of a contract

Court was also of the view that signature in a classic presentation and does denote identity and confirmation of an agreement; however, that in itself does not prevent the use of a modern- day emoji such as thumbs-up emoji.

Case Briefs High Courts

Delhi High Court dismisses plea challenging the mandatory uniform for auto and taxi drivers

The petitioners have not been able to make out any case as to how Rule 7 of the DMV Rules is so manifestly arbitrary and only by stating that there can be several shades of khaki or that it does not state whether it should be a pant-shirt or kurta-pajama or the nature/details of stitching etc., does not make the provisions vague.

Case Briefs High Courts

West Bengal Panchayat Election 2023: Central Forces to be deployed for 10 more days post elections due to apprehension of post-poll violence: Calcutta HC

“All that the court can hope is that the elections of the Panchayat to be held on 8th July, 2023 is peaceful and the public will be entitled to cast their vote without any fear in their mind.”

Case Briefs High Courts

50-60% Power shortage completely unacceptable; Meghalaya HC pulls up State for inadequate supply of electricity

The Court directed the State to file a more comprehensive report indicating the measures taken to obtain additional power from the national grid and other sources that are available to reduce the shortfall.

Case Briefs High Courts

Does harassment of wife due to sarcastic remarks attracts penal provisions for abetment to suicide per se? J&K and Ladakh HC answers

The Court was considering a case where a wife had set herself ablaze after having telephonic conversation with her husband who refused to come back and live with her and asked her to go from where she had come.

Case Briefs Supreme Court

Section 180 IPC applies only if the person making a statement refuses to sign it when legally required to do so by a competent public servant: SC

The Court reprimanded the DSP and said that a DSP, ought to know that in terms of Section 162 of Cr.PC, no statement made by a person to a police officer in the course of any investigation, which is reduced to writing, is required to be signed by the person making the statement.

Case Briefs High Courts

Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice Nisha Banu’s opinion

This report provides Justice Nisha Banu’s opinion in the Habeas Corpus plea.

Case Briefs High Courts

Delhi High Court dismisses PIL challenging method of empanelment of Government Advocates by calling it a ‘Publicity Interest Litigation’

Delhi High Court observed that it seems that the petitioner, who is an Advocate, filed the present petition after being a beneficiary of the very same process only because he has been denied extension or reappointment.

Case Briefs High Courts

Gujarat HC rejects Rahul Gandhi’s plea to stay Conviction in Modi Surname Defamation Case

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 High Courts

Muck Dumping case: Himachal Pradesh High Court directed to initiate appropriate disciplinary action against responsible officials

“We are shocked to note from the affidavit of Engineer-in-Chief, HPPWD that five of the designated dumping sites are located in the catchment areas of the Nullah”.

Case Briefs High Courts

[In-service quota in NEET-PG 2023] Temporary service in rural/difficult areas cannot be counted: Bombay High Court

Bombay High Court explained that the impugned Government Resolution dated 19-03-2019 indicated that a candidate appearing for the examination without prior permission of the Deputy Director of Health Services so concerned, would not be relieved from posting.

Case Briefs Supreme Court

1996 Lajpat Nagar Blast: 27 years later, SC awards life term to 4; expresses anguish at slow trial due to ‘possible involvement of influential persons’

“A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention. To our great dismay, we are forced to observe that this may be due to the involvement of influential persons.”

Case Briefs High Courts

West Bengal Panchayat Elections 2023: Calcutta High Court upholds Single bench’s order quashing NHRC order appointing ‘Special Human Rights Observer’

The Single bench of the Calcutta High Court had earlier set aside the NHRC’s order to take a pre-emptive step and appoint a ‘Special Human Rights Observer’ to conduct an on-the-spot survey of the State of West Bengal and identify constituencies where violation is likely to occur during West Bengal Panchayat Elections.

Case Briefs High Courts

[Luhri Hydroelectric Project] Himachal Pradesh HC directs DLSA to submit report of muck dumping and damage caused to rock above village Narola

The Court suo motu impleaded the State of Himachal Pradesh as party respondent in the petition.

Case Briefs Supreme Court

Here’s all you need to know about Tandav Web-Series Row as SC directs States to file Status Report of FIRs

The makers and producers of the Amazon web-series ‘Tandav’ were accused of hurting religious sentiments and outraging religious beliefs by inserting controversial dialogues.

Case Briefs High Courts

Delhi High Court directs Indian Coast Guard to make a seat available to the non-merit candidate in the interest of justice

Delhi High Court observed that the petitioner’s strong determination to join the Force is established by the fact that he lost 15 kg in 42 days with utmost dedication to qualify the Stage IV i.e. Medical and was declared successful.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application under Section 9 of the IBC is not maintainable in absence of strict proof of Debt and Default: NCLAT

“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”