Case Briefs Archives | Page 41 of 914

Andhra Pradesh High Court upholds recovery of money with interest based on promissory note; Rejects claims of forgery

The Court cannot assume that every handwriting Expert who has been duly qualified by the Government will necessarily have such special skill and knowledge that he will always give accurate opinions on one disputed point.

Case Briefs Supreme Court

CBI doesn’t require State Govt’s consent to register FIR under Central Law against Central Govt employee posted within State: SC reiterates

“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”

Case Briefs High Courts

Tripura High Court directs for strict compliance of Animal Rights laws during seizure and release of cattle

The Court directed the respondent authorities to ensure circulation of guidelines to field officers to prevent further violations.

Case Briefs High Courts

“Bail is Rule and Jail is Exception”; Rajasthan High Court criticizes trial court for casual rejection of bail despite key evidence

“Every arrest is also a relief and a pain. It is a critical part of the justice system. All arrests have to be justified and be based on evidence and pave the way for justice.”

Case Briefs High Courts

Bhopal Gas Tragedy | MP High Court directs immediate toxic waste cleanup from Union Carbide Factory site

The case pertains to the clean-up and removal of toxic waste from the Union Carbide Factory site in Bhopal, following the catastrophic gas leak disaster that occurred 40 years ago on this date.

Case Briefs High Courts

Allahabad High Court denies bail to a man accused of forcing wife into prostitution

“A rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation”

Case Briefs Supreme Court

‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC

“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”

Case Briefs High Courts

Read why Delhi HC issued injunction against Telugu Actor Manoj Manchu and media outlets in defamation case filed by Vinay Maheshwari

“The claims made by the Manoj Manchu not only have the effect of tarnishing the credibility of Vinay Maheshwari as a respectable member of society but may further encourage the other individuals and media platforms to spread the defamatory content further. It may lead to widespread public dissemination and lasting damage to his image.”

Case Briefs Supreme Court

Supreme Court quashes gift deed executed by elderly mother in favor of son due to non-compliance with maintenance obligations under MWPSC Act

Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.

Case Briefs High Courts

‘Rape victim must be given liberty to decide whether she should continue pregnancy’; Chhattisgarh HC allows termination of minor victim’s pregnancy beyond 24-weeks

“It is quite vivid that the pregnancy of the petitioner has crossed 24 weeks of gestational age and unless the judicial order directing termination is available, it may not be possible for the doctors even to proceed with termination of pregnancy”.

Case Briefs High Courts

State Bar Council not entitled to charge applicants a fee for verifying educational certificates during enrollment process: Kerala High Court

There is a duty cast upon the Bar Council to get the certificates of the applicant verified by the Boards and Universities concerned, without charging any fees. Therefore, the notice to the extent stipulates the collection of fees of Rs.2,500/- for verification, cannot be implemented.

Case Briefs High Courts

Right to pray under Article 25 cannot be denied solely due to objections from member of one community: MP High Court

The petitioner’s right to organize and participate in a religious event is protected under Article 25 of the Constitution of India and merely based on certain objections raised by the member of one community, it cannot be denied.

Case Briefs High Courts

‘Child witness evidence appears to be result of tutoring’; Telangana HC acquits man convicted of raping 9-year-old girl

“The evidence of a child witness can easily be influenced by the elders in the family. Acceptance of the child witness evidence would be dangerous in the present circumstances of the case as the evidence appears to be a result of tutoring. Not examining the father and grandfather of the victim, who were sleeping by the side of the victim girl is fatal to the prosecution case”.

Case Briefs High Courts

Delhi High Court grants injunction against Miss Malini Entertainment for copyright infringement in Kareena Kapoor’s ‘What Women Want’ Case

The plaintiff was shocked to find that the defendant unilaterally uploaded a short video clip of the interview on Instagram without prior approval displaying the defendant’s logo, ‘Miss Malini,’ while deliberately obscuring the plaintiff’s ‘Mirchi®’ logo, violating the agreement on usage permissions.

Case Briefs High Courts

Delhi High Court issues directions in plea to highlight unhygienic conditions of female washrooms in Delhi District Courts

“While the petition specifically pertains to female washrooms, the directions shall apply equally to male, female, and handicapped washrooms in District Courts to ensure a uniform standard of hygiene and functionality.”

Case Briefs Supreme Court

‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national

“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”

Case Briefs High Courts

‘Spoke what was written in Manusmriti & in general parlance’; Madras HC quashes hate speech complaint against VCK president & MP Thol. Thirumavalavan for comments on Hindu women

“What has been stated in the book “Manusmriti” had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the complainant is made out.”

Case Briefs High Courts

Compliance with Section 16 of Carriage by Road Act a pre-condition for instituting suit for consignment loss: Rajasthan High Court

A valid notice under Section 16 of the Carriage by Road Act, 2007 must explicitly outline the cause of action, damage, loss, and relief sought.

Case Briefs High Courts

Madras HC confirms conviction and sentence of Actor and politician S.Ve. Shekher for derogatory comments against women journalists

Merely tendering an apology is not sufficient. Furthermore, according to the complainant, S. Ve. Shekher did not offer an unconditional apology directly to her, the victim. Instead, the apology was sent in a generic manner.

Case Briefs Supreme Court

Limitation for filing S. 17 application under Arbitration Act, 1940 begins from awareness of award’s availability, not receipt of copy: Supreme Court reaffirms

Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.