Case Briefs Archives | Page 302 of 914

[Medical Negligence] FIR cannot be registered on complaint guided by unsubstantiated assumptions only to satisfy discontentment with the treatment of child; Tis Hazari Court sets aside Trial Court’s direction

In a medical negligence case, the Tis Hazari Court held that since there was no justifiable reason to assume that the doctor committed any offence into the allegations made by the complainant, no FIR could be registered on the whims and fancies of the complainant guided by unfounded and unsubstantiated assumptions only to satisfy his discontentment with the treatment of his child.

Case Briefs High Courts

Women cannot commit rape, but if she facilitated the act of rape with a group, she may be prosecuted for gang rape: Allahabad High Court

Allahabad High Court held that a woman can also be held guilty of sexual offences and can also be held guilty of gang rape if she has facilitated the act of rape with a group of persons.

Case Briefs High Courts

‘Procedural difficulties may affect quantum of compensation, not validity of land acquisition’; Bombay High Court refuses to interfere with proceedings of land acquisition

Bombay High Court refused to exercise its discretionary powers under Article 226 of Constitution of India keeping in view that the Bullet Train Project is an Infrastructural Project of national importance.

Case Briefs Supreme Court

SC Constitution Bench| Eknath Shinde v Uddhav Thackeray: Uddhav Thackeray faction seeks a 7-judge bench reference to reconsider 5-judge ‘Nabam Rebia’ verdict

Senior Advocate Kapil Sibal went on to argue that the ‘rebel’ MLA’s action was a misuse of the Nabam Rebia principle as this could mean that the disqualification proceedings could be stalled by merely sending a notice seeking the Speaker’s removal. He placed heavy reliance on Article 179 and 181 and the 10th Schedule of the Constitution of India. The hearing before the Supreme Court will continue tomorrow i.e., 15-02-2023.

Case Briefs High Courts

[Chinese Manjha] FIRs that are registered do not remain paper FIRs; Delhi High Court issue directions

Delhi High Court directed that the concerned Police and law enforcement authorities conduct periodic inspections to ensure that such material is not sold inasmuch as users and consumers of this material may not be aware of the dangers posed by this `Chinese Manjha' and may be using it innocently.

Case Briefs High Courts

“When things go wrong, it is not always the doctor’s fault”; Kerala High Court acquits medical staff in negligence case

Kerala High Court acquitted the medical staff convicted by the Trial Court in medical negligence case and held that sufficient evidence is needed to prove death due to medical negligence, and that a medical professional cannot be held liable for mischance or misfortune.

Case Briefs Supreme Court

Explained| Justice LC Victoria Gowri appointment case vis-à-vis scope of judicial review in matters relating to appointment of High Court judges

Supreme Court said that the conduct of the judge and her/his decisions must reflect and show independence, adherence to the democratic and constitutional values. This is necessary as the judiciary holds the centre stage in protecting and strengthening democracy and upholding human rights and the Rule of law.

Case Briefs High Courts

Toys (Quality Control) Order, 2020 issued to ensure that children below 14 years are not exposed to toys containing toxic material; Delhi High Court dismisses frivolous PIL filed by toy manufacturers to avoid compliance

The Delhi High Court dismissed frivolous PIL filed by toy manufacturers to avoid compliance with Toys (Quality Control) Order, 2020 and held that the 2020 Order had been issued to ensure that the children below the age of 14 years were not exposed to sub-standard goods/goods containing toxic material/ toys containing toxic material.

Case Briefs High Courts

Madras High Court finds no irrelevant or extraneous materials in State’s decision of pre-mature release of 13 life convicts; upholds order

In petitions challenging the premature release of 13 life convicts by the State Government, the Madras High Court held that there is no reason to infer that the State has failed to consider relevant materials or passed the order of premature release for extraneous considerations.

Case Briefs High Courts

Delhi High Court passes interlocutory injunction against manufacturing/selling ‘Blueberry Nexus32’ keyboard having similar trade design as Casio company’s keyboards

The plea of novelty or originality must be examined vis-à-vis the date of registration of the suit design. The existence, thereafter, of any number of similar designs in the market, or even the publication of any number of similar designs, cannot indicate any want of novelty or originality in the suit design, within the meaning of Section 19(1)(c) or Section 4(a) of the Designs Act.

Case Briefs Supreme Court

‘Conviction on the basis of ‘last seen’ theory not justified’; Supreme Court acquits accused in a 7-year-old boy’s kidnapping and murder case

The Supreme Court was of the view that the basic principle of criminal jurisprudence is that in circumstantial evidence cases, the prosecution is obliged to prove each circumstance, as well the as the links between all circumstances, beyond reasonable doubt. Such circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability, the crime was committed by the accused and the same should unerringly point towards the guilt of the accused.

Case Briefs High Courts

In Camera proceedings can be held under Section 151 of Civil Procedure Code, 1908 if warranted by the facts and circumstances of the case: Delhi High Court

The Delhi High Court observed that merely because there was no express provision in the Code of Civil Procedure, it does not mean that in-camera proceedings cannot be allowed. Therefore, the Court held that in appropriate cases, the Court may under Section 151 of the Code pass any order for carrying out the proceedings in camera if warranted by the facts and circumstances of the case.

Case Briefs Supreme Court

PF and gratuity dues not part of liquidation estate; cannot be recovered under Section 53 of IBC which provides for waterfall mechanism: Supreme Court

Supreme Court upheld the NCLT order that the provident fund, pension fund and gratuity fund are not part of the liquidation estate, for distribution under Section 53 of the IBC and the same has to be paid to the employees under the stated heads.

Case Briefs High Courts

Delhi High Court restrains Parle company from using FAB!O being deceptively similar to Cadbury’s OREO

A consumer of average intelligence and imperfect recollection who has earlier purchased and had the OREO cookie would, when he sees the FAB!O cookie pack, be clearly likely to associate the FAB!O cookie with the OREO cookie that he had earlier enjoyed (ass uming he did). That, by itself, satisfies the test of —initial interest confusion.

Case Briefs Supreme Court

ESI Act a social welfare legislation; Factories and establishments liable to pay ESI Contributions irrespective of the number of employees engaged at a time: Supreme Court

Supreme Court held that the Telangana High Court erred in setting aside the demand notice for the period after October 1989 and that the amended Section 1(6) was applied retrospectively. It was of the view that only in the case of demand notice for the period prior to inserting Section 1(6) of the ESI Act, it could be said that the same provision has been applied retrospectively.

Case Briefs High Courts

“Unless the foreign award contravenes a fundamental and non-derogable principle or core value, refusal to recognise is not warranted”: Madras High Court

The High Court of Madras recognised the foreign arbitration award pronounced by the Singapore International Arbitration Centre (‘SIAC’) and found that the respondents have failed to establish any ground for refusing the recognition of foreign award.

Case Briefs High Courts

Madras High Court | HC cannot issue directions for speedy disposal, unless there is an acceptable reason

Madras High Court said that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases for effective disposal.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Ex-communication in Dawoodi Bohras matter deserves to be tagged with 9-judge bench Sabarimala Review due to overlapping issues: Supreme Court 5-judge Constitution Bench

The 5-judge Constitution Bench observed that the decision which will be rendered by the nine-Judge Bench in the Sabarimala Temple Review will have a direct impact on the questions which arise for determination in this case.

Case Briefs Supreme Court

‘AIBE valid; BCI must ensure quality of lawyers entering the profession’: Read 8 suggestions by Supreme Court 5-Judge Bench

“Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half-baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time.”

Case Briefs Supreme Court

When evidence unambiguously proves the guilt, absence of motive cannot weaken the conclusions: Supreme Court

The Supreme Court refused to grant the benefit of General Exception of unsoundness of mind under IPC in favour of the appellant, since he failed to discharge his burden of proof.