Case Briefs Archives | Page 256 of 914

Requirement of minimum length of service before seeking transfer does not contravene U.P. Basic Education (Teachers) Service Rules: Allahabad High Court

Transfer is not stipulated to be claimed as a matter of right in institutions. The State/Board would thus be justified in laying down a uniform criteria/process for entertaining applications for transfer.

Case Briefs High Courts

Excise Commissioner was duty bound to cancel liquor licence for sale of IMFL on application of Legal Heirs: Bombay HC

The Court said that the transfer of the liquor licence is at the discretion of the authority concerned.

Case Briefs High Courts

Husband acquiring property in wife’s name does not necessarily imply Benami transaction: Calcutta High Court

It is a well-settled principle that “burden of showing that a transfer is a benami transaction always lies on the person who asserts it.”

Case Briefs High Courts

Madras High Court directs Madras Bar Association to admit members without discriminating on caste, gender, religion, economic status, personal and political affiliations

The Lawyers being homogeneous class, further creating divisions on any criteria including economic status or otherwise will result in losing faith and ordinary Lawyers will get frustrated, resulting young and talented Lawyers leaving the profession. It is the primary duty of the Judicial Institutions to provide a conducive atmosphere for all the practicing Lawyers enabling them to have utmost trust in the Judicial System.

Case Briefs High Courts

[Poshan Abhiyan] Bombay High Court reprimands Government for delay in providing functional smartphones to Anganwadi workers

Bombay High Court directed the Government to provide functional mobile phones to Anganwadi workers.

Case Briefs High Courts

Whether time spent in PhD can be counted as ‘teaching experience’ for the post of Assistant Professor? Kerala High Court explains

Kerala High Court also reprimanded media to be cautious of unjustified comments and remarks while matters await adjudication, and to adopt a responsible journalistic conduct.

circumstantial evidence links in a chain

Case Briefs Supreme Court

Chain of Circumstantial evidence must be complete in all aspects to indicate guilt of accused: Supreme Court

The Supreme Court was of the view that the High Court ought to have interfered with the conviction when it found one of the links in circumstantial evidence missing and not proved, respecting the settled law in this regard.

Case Briefs High Courts

‘16-year-old girl capable of making conscious decision for her well-being’; Meghalaya HC quashes POCSO proceedings against boyfriend

The Court also said that prima facie, it appeared that there was no mens rea involved.

Case Briefs Supreme Court

Rented Shop belonging to Third Party cannot be accepted as Security by surety: Supreme Court

In the case at hand, the Security was a ‘shop’, which was not owned by the surety, but by the Municipal Corporation, Lucknow.

Case Briefs Foreign Courts

[South Africa] Supreme Court of Appeal strikes down Section 6(1)(a) of South African Citizenship Act; Orders for restoration of Citizenship in absence of no express provision of dual citizenship

“Citizenship is the gateway through which a number of rights under the Constitution can be accessed. It enables a person to enjoy freedom of movement, freedom of trade and political representation. While it is true that certain rights in our Constitution adheres to South African citizens only, this court has repeatedly affirmed that arbitrary and irrational distinctions between citizens and non-citizens are inconsistent with the Constitution.”

Case Briefs High Courts

Married woman cannot claim breach of promise to marry: Karnataka High Court

The Court pointed out that merely because the petitioner provided monetary help to the woman, it cannot be said that they are married. Since the woman was already married, there is no case of breach of promise to marry either.

Case Briefs High Courts

Kerala High Court grants anticipatory bail to Congress MP K. Sudhakaran in Cheating Case

In the instant matter of forgery for the purpose of cheating, the Kerala High Court had earlier granted interim protection from arrest.

Case Briefs High Courts

1.5 L water for one inmate inadequate; Bombay High Court directs inspection of Taloja jail over inadequacy of water supply

The Petitioner alleged that the inmates were getting only one and half buckets of water daily, which was grossly inadequate.

Case Briefs High Courts

Admiralty Suit by Patanjali; Gujarat HC directs Deendayal Port Authorities to Arrest Merchant Ship MT Syrma

Patanjali suffered loss of about Rs. 63,23,732 due to delivery of less quantity of RBD Palm Olein.

Case Briefs High Courts

A mother may be morally bad in societal sense, but may be good for child’s welfare: Kerala High Court

Kerala High Court was disturbed by the language used by Family Court and expressed that highly distasteful language depicts the mind set of an officer of high rank in the district judiciary.

Case Briefs High Courts

Punjab and Haryana High Court grants interim bail to Punjab IAS Sanjay Popli on son’s first death anniversary

Punjab and Haryana High Court granted provisional bail to IAS Popli ‘purely on humanitarian ground’.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

No sensible medical professional would intentionally harm or injure a patient, as their professional reputation would be at stake: NCDRC dismisses complaint against medical professionals

The Commission was deciding a case where the complainant (who was a medical professional himself) had accused the opposite parties of medical negligence after his son died due to cardiac arrest after getting operated for disfigurement of eye.

Case Briefs High Courts

Read why Delhi High Court granted bail in 102 Kg Heroin smuggling case

The Court said that it prima facie seems that the petitioner was merely acting as a trader and was not in the conscious possession of the contraband hidden in the consignment.

Case Briefs Supreme Court

Can assessee take total contract value and remit service tax on value as ‘works contract service’? Supreme Court answers

As the service tax needs to be computed in terms of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and as the assessee has not opted for the composition scheme, the matter is remitted back to the CESTAT for re-computation of the demands.

Case Briefs Supreme Court

Read Why SC deferred hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition

S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.