Case Briefs Archives | Page 259 of 914

Kerala Court issues summons against Doctors in Organ Transplantation case

Kerala Court pointed out that the Transplantation team got access to the patient even before the declaration of brain death.

Case Briefs High Courts

Income Tax| Power of reopening of assessment should be sparingly used for adequate reason: Calcutta High Court

The principles of natural justice get violated if the opportunity afforded to submit reply is not an effective opportunity.

Case Briefs High Courts

Read why Allahabad High Court refused to transfer investigation to CBI in Gangster Sanjeev Maheshwari Jeeva murder case

Allahabad High Court noted that Special Investigation Team has been vigorously and vigilantly conducting the investigation into the FIR and it has also been provided all the requisite paraphernalia needed for appropriate investigation of the crime.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Know why NCDRC rejected claim of medical negligence in Justice Verma’s death

NCDRC conveyed that “We have deep sympathies with the death of Justice Verma, but it cannot be ground for liability.”

Case Briefs High Courts

Delhi High Court sets aside arbitral award passed by Arbitrator having de jure inability to pass the award

The ineligibility of an Arbitrator goes to the root of his jurisdiction and the Arbitral Award cannot be considered as valid.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation

The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.

Case Briefs Foreign Courts

[2011 Nigerian Oil Spill] UK Supreme Court unanimously rules in favour of Shell International; dismisses claims of continuing private nuisance

Supreme Court of United Kingdom: The instant cases filed against Shell International for compensation of damages resulting from 2011 oil spill, the

Case Briefs High Courts

[Fight over a Cat] Meghalaya HC discharges Son-in-law from Attempt to Murder of Father-in-Law

Meghalaya High Court said as the son-in-law did not have the intention to cause death.

Case Briefs High Courts

“Only ex facie invalidity of an agreement can be a ground for refusal of reference”; Calcutta High Court allows Section 11 application

Without questioning the validity and legality of the arbitration clause, the Calcutta High Court appointed an Arbitrator to decide the issues raised by both the parties.

Case Briefs High Courts

[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules

The Court was firmly of the view that the Inspector, Department of Legal Metrology had misinterpreted key provisions of Legal Metrology Act and Packaged Commodities Rules thereby vitiating the complaint with malafides.

Case Briefs High Courts

Pruning of trees not permitted in Delhi except in accordance with Delhi Preservation of Trees Act: Delhi High Court

A tree was a living being and it must be given, at least a “last look” and accorded a final inspection before a decision was taken to permit its felling or sanctioning extensive amputation of its live branches.

Case Briefs High Courts

JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child

The Court said that the comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.

Case Briefs High Courts

Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court

LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.

Case Briefs High Courts

Allahabad High Court puts interim stay on telecast of Al Jazeera documentary ‘India: Who lit the Fuse’

The apprehension expressed by the petitioner is that the telecast of film without adhering to the constitutional and statutory safeguards may result in injuring the public order and thereby the sovereignty and integrity of India

Case Briefs High Courts

[Uttarakhand Communal Tensions] Paramount duty of State to ensure that law, order and peace is maintained in the State: Uttaranchal HC

The Court directed the State to fulfill its Constitutional Obligation to maintain peace in the State.

Case Briefs High Courts

Gauhati HC answers whether extraordinary jurisdiction under Art 226 of the Constitution can be invoked for trivial causes

‘It is unfortunate to notice that a trend has been set to file applications under Article 226 of the Constitution at the drop of hat. Numerous cases has been filled with imaginary and very trivial causes of action. The court is of the opinion that such trend should be nipped in the bud and filling of writ petition of this nature has to be discouraged.’

Case Briefs Supreme Court

[Railway Compensation Claim] Mere absence of railway ticket on deceased does not negate them of being a bonafide passenger: SC

‘Passenger’ would include a person who has purchased a valid ticket for travelling by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident.

Case Briefs High Courts

Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC

The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.

Case Briefs High Courts

[Medical Negligence] ‘High Court cannot act as an expert body with reference to medical terminology’; Madras High Court dismisses petition seeking compensation

“It is for the Doctors to take a decision and continue the treatment by following the medical protocol. Contrarily, High Court cannot interfere with the opinions of the medical expert by acting as an expert body which is not desirable, and it will lead to excess exercise of powers of judicial review conferred under Article 226 of the Constitution”

Case Briefs Supreme Court

RIICO not a statutory body but a Company brought into being under the Companies Act, 1956 by State of Rajasthan: SC

The Supreme Court further held that when the actions of a Committee constituted by Cabinet are validated by the Council of Ministers and the rest of the Council, it ensures that the Rules of Business were followed by the State Government in the course of decision-making process.