Case Briefs Archives | Page 406 of 914

Whenever there is a conflict between substantial justice and hyper-technicality then substantial justice should be preferred to avoid defeat for the ends of justice: Raj HC observes in a case where candidature was rejected on a hyper-technical approach

Rajasthan High Court: A Division Bench of Anoop Kumar Dhand and Pankaj Bharadwaj, JJ., disposed of the petition and directed the Department

Case Briefs High Courts

MP HC | A writ for mandamus cannot lie to direct the State to enact a law; Petition dismissed

Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Dinesh Kumar Paliwal, J.dismissed a petition which was filed in

Case Briefs High Courts

When a person suffers injury without any negligence on his part, but result of combined effect of negligence of two other persons: Is it a case of composite or contributory negligence? Bom HC answers

Bombay High Court: Expressing that, Negligence does not always mean absolute carelessness, but want of such a degree of care as required

Case Briefs Supreme Court

Prescribing eligibility criteria can’t be left to the Search Committee’s sweet will; Criteria fixed by UGC must be followed by all Universities: SC

Supreme Court: In a case relating to the appointment of the Vice-chancellor of the Sardar Patel University where the search committee had

Case Briefs High Courts

[Yes Bank Loan Fraud] Public money under garb of Term loan siphoned off, resulting in generation of ‘proceeds of crime’ as well as its layering and ultimate projection as untainted money: Del HC while denying bail to Gautam Thapar

Delhi High Court: While addressing a matter wherein bail of Gautam Thapar accused in Yes Bank Loan Fraud case, was sought, Manoj

Case Briefs High Courts

Cal HC | Penetration even of the slightest degree is necessary to establish the offence of rape; Court modifies order after 8 years of imprisonment

Calcutta High Court: The Division Bench of Joymalya Bagchi and Bivas Pattanayak, JJ. modified a sentence imposed which was given in relation

Case Briefs High Courts

At odd hours, if wife continues making discreet phone calls with another man even after a warning by husband, would it constitute matrimonial cruelty? Ker HC decides

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Dr Justice Kauser Edappagath, JJ., held that, despite a warning by

Case Briefs High Courts

Mani HC | All resolutions passed at the emergency meeting will be subject to confirmation or revision at the next ordinary meeting; Court allows petition

Manipur High Court: Lanusungkum Jamir, J. allowed a petition pertaining to appointment/promotion of High School teachers. Petitioners along with respondent 3, 4,

Case Briefs High Courts

To prove that cheque amount was larger than debt due, can defence of Issuer be looked at stage of issuing summons? Del HC explains

Delhi High Court: While addressing a matter revolving around Section 138 of the Negotiable Instruments Act, 1881, Subramonium Prasad, J., held that

Case Briefs Supreme Court

Consumer Protection| ‘Business to business’ dispute not a consumer dispute: SC

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ interpreted the true scope of a “consumer” in terms of

Case Briefs High Courts

Tri HC | Court dismisses petition for regularisation stating absence of the required materials and proof

Tripura High Court: S. Talpatra, J. disposed of the petition holding that the discretion lies with the respondents to provide job for

Case Briefs High Courts

Can a nominated Councillor be appointed as Leader of the House under Maharashtra Municipal Corporation Act, 1949? Bom HC elaborates

Bombay High Court: The Division Bench of A.A. Sayed and S.G. Dige, JJ., considered the issue of whether a nominated Councillor can

Case Briefs Supreme Court

Can State discriminate between persons having experience in home State from those having experience in other States? Is there any intelligible differentia? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., dismissed an appeal challenging the decision of State of

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | When a Statute provides for a particular period of limitation, it has to be scrupulously applied, as an unlimited limitation leads to a sense of uncertainty

National Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) expressed that, when a Statute

Case Briefs International Courts

WGAD, OHCHR deliberates over the matter of Marie-Emmanuelle Verhoeven’s illegal detention in Tihar Jail, New Delhi; seeks clarifications from India on the allegations of arbitrariness in her detention and her claim for compensation for her arbitrary detention

OHCHR (WGAD): While addressing the issue of alleged arbitrary detention of Ms. Marie-Emmanuelle Verhoeven in Tihar Jail, New Delhi, from the period

Case Briefs High Courts

Whether the maintenance awarded under the Domestic Violence Act can be sought to be enhanced under the CrPC? Kar HC analyses

Karnataka High Court: M. Nagaprasanna, J. allowed the criminal petition and quashed both the orders by the Magistrate and the Sessions Judge.

Case Briefs District Court

Touching ‘bum’ of a minor girl will be sexual assault punished under S. 10 of POCSO Act? POCSO Court explains

Special Court for Protection of Children from Sexual Offences Act, 2012, Fort, Greater Bombay: Expressing that, the sexual intention is the state

Case Briefs High Courts

Megh HC | Court decides on eligibility of family pension under Rule 48 of Meghalaya Civil Services Pension Rules of 1983

Meghalaya High Court: H. S. Thangkhiew J. dismissed the petition and affirmed that the petitioner was not eligible to avail family pension.

Case Briefs Supreme Court

Frivolous petitions defeating the noble object behind PILs and burdening SC and HCs; Bonafides of Litigants must be examined carefully: SC

“Although the jurisprudence of Public Interest Litigation has matured, many claims filed in the Courts are sometimes immature.”

Case Briefs High Courts

In ever-evolving society, evolving law with it, time to shift perspective from didactics of orthodox society, shackled with strong strings of morality to one that values an individual’s life: P&H HC

Punjab and Haryana High Court: While dealing with a matter regarding protection to live-in relationship, Anoop Chitkara, J., held that, every person