Case Briefs Archives | Page 267 of 914

Supreme Court on Judicial Officers’ pension: Recommendations, Compliance Timeline and Key Observations

“To be truly unified both in form and in substance, there must be integration in terms of pay, pension and other service conditions between the District Judiciary, the High Courts and the Supreme Court. Hence, any increase in the salary of the judges of the High Court must reflect in the same proportion to the judges in the District Judiciary.”

Case Briefs High Courts

Sub Divisional Magistrate exercising adjudicatory powers, acts as Revenue Court subject to control and supervision of Board of Revenue: Allahabad High Court

Allahabad High Court said that when a superior court issues an order of remand to an inferior court with certain directions, the latter is obligated to decide in accordance with the said directions.

contempt of court by indian based us resident

Case Briefs Supreme Court

SC holds NRI father guilty for contempt of Court as his misrepresentation before Foreign Court leads to dishonouring Principle of Comity of Courts

The contempt petition against the US resident was outcome of matrimonial dispute as he had committed breach of settlement orders and showed scant respect for the Court by defying the orders of the Court.

Case Briefs High Courts

Karnataka High Court sets aside orders sanctioning prosecution of 3 persons alleged to have provided luxury amenities to Sasikala during her detention in jail

The State Government had issued the impugned orders to sanction prosecution against the petitioners under the provisions of Prevention of Corruption Act, 1988.

Case Briefs Supreme Court

Explained| Supreme Court judgment allowing ED probe against TN Minister Senthil Balaji in Cash for Job Scam

What was compromised between the complainant and accused is not just their disputes, but justice, fair play, good conscience and the fundamental principles of criminal jurisprudence. In fact, the case at hand is one where there are two teams, but no one knows who is playing for which team and where the match was fixed.

Case Briefs District Court

Delhi Court grants bail to accused alleged of cheating Indian Immigration within days of arrest

The accused was travelling from New York to India when his departure record for the year 2012 was found missing by the Immigration Department.

Case Briefs High Courts

No relief for actor Unni Mukundan in sexual harassment case; Kerala High Court directs Trial Court to proceed with trial

Kerala High Court observed that “The materials placed by the prosecution prima facie disclosed the existence of all ingredients constituting the alleged offences.”

Case Briefs High Courts

Delhi High Court dismisses petition filed by a retired judicial officer challenging selection of Chairman at Competition Commission of India

Additional Solicitor General submitted that Ms. Ravneet Kaur, an IAS officer was appointed as Chairman, Competition Commission of India by the Selection Panel.

Case Briefs High Courts

Delhi High Court allows parties to nominate arbitrator upon Dispute Redressal Committee’s failure to settle dispute

The stipulations contained in Clause 25 of the Agreement must consequently be read down and understood to mean that at least one or more of the members of the Arbitral Tribunal must possess the qualifications as prescribed in Clause 25.

Case Briefs High Courts

Police not allowed to seal factory premises under Section 115 of Trade Marks Act: Bombay High Court

Bombay High Court explained that there is no power vested in the police under Section 115(4) of Trade Marks Act, 1999 to seal the factory premises, where the incriminating articles are situated.

Case Briefs High Courts

Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused

The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.

Case Briefs High Courts

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

Allahabad High Court said that the Tribunal has not considered the effect of acquittal of the petitioner from the identical criminal charges. The judgment is completely silent about the same. This is an apparent perversity on the part of the Tribunal.

Case Briefs High Courts

Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.

Case Briefs Supreme Court

Seeking appointment of Arbitrator beyond three years is barred by limitation: Supreme Court reiterates

Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.

Case Briefs High Courts

Delhi High Court grants anticipatory bail to Vikas Malu, in a rape case filed by wife, who also accused him of killing Satish Kaushik

Delhi High Court observed that if the petitioner raped the victim forcibly in the month of February 2019 then it is difficult to digest that she would accompany the petitioner to Chandigarh in the last days of February to attend Celebrity Cricket League and meet the celebrities.

Case Briefs Foreign Courts

Andy Warhol Foundation’s commercial licensing of ‘Orange Prince’ to Condé Nast cannot be defended as fair use of Lynn Goldsmith’s copyrighted photo of Prince

Affirming the decision of the Court of Appeals (2nd Circuit), the Court with a ratio of 7:2 held that first fair use factor as under 17 US Code §107(1) favours Lynn Goldsmith and not AWF.

Case Briefs District Court

‘Victim not forcefully involved in sex work’; Bombay Court upholds Sex Worker’s liberty under Article 19

The Court upheld the appellant’s right to move anywhere and to reside anywhere under Article 19 of the Constitution of India and justified her request for release, since her liberty was curtailed due to the order passed by the Magistrate on 15-3-2023.

Case Briefs High Courts

Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage

When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.

Case Briefs High Courts

[Civil Defence Volunteer Enrolment] Eligibility condition ‘place of residence’ being Delhi not violative of Articles 14, 16 and 21: Delhi High Court

A person who is residing in South India does not know the geography of Delhi and if recruited as civil defence volunteer, and in case of emergency he will get lost in Delhi instead of reaching to the place where emergency has occurred

Case Briefs High Courts

Departmental Proceedings cannot be continued after superannuation of employee unless provided under the Service Rules: Orissa HC reiterates

The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.