Case Briefs Archives | Page 297 of 914

Explained| Supreme Court’s verdict on prospective applicability of MHA Notification restricting OCI cardholders from competing with Indian Citizens in NEET

The Supreme Court held that the impugned notification taking away the accrued rights of OCI cardholders should have prospective effect on children born after the said date.

Case Briefs High Courts

Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest

Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.

Case Briefs High Courts

Karnataka State Commission for Protection of Child Rights is an advisory body and has no power to adjudicate any lis between two parties: Karnataka High Court

The Karnataka High Court held that order granting visitation rights to the father is outside the jurisdictional scope of Karnataka State Commission for Protection of Child Rights.

Case Briefs High Courts

Bombay High Court permits Municipal Corporation of Greater Bombay to execute project for providing adequate water supply to citizens around Gorai Village

The Bombay High Court held that the Petitioner’s proposed project is for providing water for the citizens of Gorai village as the said project certainly falls under the permitted exceptions in the scheme of the things provided for CRZ as well as protection of mangroves.

Case Briefs Supreme Court

Explained| Supreme Court’s power under Section 406 CrPC to transfer Section 138 NI Act cases and effect of non-obstante clause under Section 142(1) NI Act

Supreme Court said that as four of the six cases have been filed by the respondent company before the Dwarka Courts at New Delhi and only two such cases are pending before the Courts at Nagpur, it would be convenient and in the interest of all concerned, that the cases be transferred to the Dwarka Courts at New Delhi.

Case Briefs High Courts

NGT to strictly abide by the RTI application and provision of RTI law, directs Delhi High Court

The Delhi High Court stated that National Green Tribunal is a national tribunal, and hence, its RTI cell should function properly in accordance with the timelines and rules prescribed under the RTI Act and Rules.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once Resolution Plan approved and submitted to Adjudicating Authority, it cannot be sent back for re-consideration: NCLAT

In matter related to reconsideration of Resolution Plan after approval, NCLAT held that thought the object of the CIRP is maximisation of value of the Corporate Debtor, but the said maximisation must be achieved within the timeline provided in the scheme.

Case Briefs High Courts

Madras High Court sets aside 2012 sexual harassment case against Aurobindo Ashram Trust

In 2012, Pondicherry District Collector had initiated inquiry against the Aurobindo Ashram Trust following allegations of sexual harassment, suicide of inmates and serious malpractices in the functioning of the school run by the Ashram, made by an inmate, Vishnu Lalit Singh, and a then MLA Ashok Anand.

Case Briefs Supreme Court

Supreme Court sets aside Orissa HC order against Lokayukta’s direction to conduct preliminary inquiry against MLA; says Natural Justice principles not followed

Since the Odisha Lokayukta was not given any opportunity of being heard when the Division Bench of Orissa High Court set aside the inquiry order, the Supreme Court held the same as a manifest error in violation of the principles of natural justice.

Case Briefs High Courts

Divorced Muslim woman is entitled to claim maintenance under S. 125 CrPC even after iddat and for whole life, unless she remarries, Allahabad High Court reiterates

Allahabad High Court sets aside Family Court’s order holding that divorced Muslim woman is not entitled for maintenance under Section 125 CrPC

Case Briefs High Courts

[Right to Way] Delhi High Court permits demolition of parts of Mandir and Masjid to make the pedestrian pathway uniform

The Delhi High Court held that places of worship could not encroach on public land and therefore, permitted demolition of parts of Mandir and Masjid to make pedestrian pathway uniform.

Case Briefs High Courts

‘Trial Court has taken custody of accused without following the settled proposition of law’; Allahabad High Court grants bail to accused in PMLA case

Allahabad High Court said that there was no requirement to take the accused into custody when he appeared before the Trial Court and cooperated in the investigation throughout, and the Investi gating Agency has never thought to arrest him under Section 19 of the PMLA

Case Briefs Foreign Courts

US District Court | Texas’ anti-abortion laws do not have extra-territorial operation and cannot regulate abortions that take place outside the State of Texas

While deliberating over the case filed by non-profit abortion funds operating in Texas, the US District Court held that Texas’ Attorney General cannot enforce Texan anti-abortion laws outside the State of Texas

Case Briefs High Courts

[JEE Advanced 2022] Delhi High Court allows a meritorious EWS student to continue his course against a supernumerary seat provisionally allotted on default of seat allocation fee payment

The supernumerary seat was created by the respondents on their own and there was no direction for same in the interim order, thus, the caveat in the interim order that no equities would flow in favour of the petitioner, will not come in the way of the petitioner’s continuation against the said seat.

Case Briefs High Courts

Swayamvar in holy books enforced as fundamental right by Article 21 of Constitution: Punjab and Haryana High Court

Punjab and Haryana High Court allowed quashing of FIR against the petitioner, while upholding the right to marry by one’s own choice.

Case Briefs High Courts

Agnipath has an objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert; Delhi High Court upholds the constitutional validity of Agnipath scheme

The Agniveer Scheme will increase the ‘leader to led ratio from 1.1 to 1.28; a ratio that would aspire confidence and would ease the pressure of the forces on the ground.

Case Briefs Supreme Court

Classification of ‘pushtaini’ and ‘gair-pushtaini’ landholders bad in law, creates dissonance between Land Acquisition Act’s object and effect: Supreme Court

The Supreme Court opined that even if such a classification had a rational nexus to the objective of the notification, the classification must also be legitimized by the parent statute.

Case Briefs High Courts

Delhi High Court directs the Ministry of Science and Technology to release scholarship amount under the INSPIRE Scheme along with Rs. 50,000 as costs, for denying scholarship to an EWS student

In a case where scholarship amount was denied to an EWS student, the Delhi High Court directed the Ministry of Science and Technology to release the third installment of scholarship amount under the INSPIRE Scheme along with Rs. 50,000 as costs

Case Briefs Supreme Court

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs High Courts

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.