Case Briefs Archives | Page 43 of 914

‘Power to revise penalty after consultation with PSC is on Governor’s discretion’; Sikkim HC upholds order modifying penalty of dismissal from service to compulsory retirement

The Governor’s failure to consult the Commission as envisaged in Rule 10 of Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985, while passing the order modifying the penalty, alone would not change the nature of the case.

Case Briefs High Courts

‘A citizen’s liberty cannot be curtailed on whims and wishes of State officials’; Jharkhand HC sets aside preventive detention order under Jharkhand Control of Crimes Act, 2002

‘Liberty of a citizen of the country must be kept at the highest pedestal and there must be impeccable evidence to curtail the same.’

Case Briefs Tribunals/Commissions/Regulatory Bodies

OREAT upholds denial of welfare society’s complaint regarding builder’s violation of RERA Act; Cites non-applicability of Act to projects completed before commencement

OREAT held that completion certificates issued by registered architects or engineers as permitted by BDA as per Section 20 of the ODA Act in respect of projects completed prior to the commencement of the RERA Act would not be invalid as that would render all the projects in Odisha, which have received completion certificates from the registered architects or engineers in the pre-RERA period, ongoing, on the date of commencement of the RERA Act and consequently require their registration.

Case Briefs High Courts

MP High Court issues direction for conducting Competency-Based Evaluation test under Pre-Natal Diagnostic Techniques Rules

The Court ensured that participation in the examination would not interfere with the petitioners’ existing rights.

Case Briefs High Courts

Delhi High Court grants injunction protecting Saregama India’s copyrights in cinematic music

The continuous acts of infringement by Movie World Visual Media Private Limited are resulting in serious reputational loss and undermining the economic interest of Saregama India Limited vis-a-vis other licensees who have acquired proper license for valuable consideration of Saregama’s copyrighted works.

Case Briefs Supreme Court

Gift conditioned on perpetual rendering of services without remuneration amounts to begar or forced labour, hence unconstitutional: SC

“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”

Case Briefs High Courts

Kerala High Court approves ‘Pappanji’ burning for new year celebrations in Kochi; Recommends wider safety barricade around effigy

‘Pappanji’ typically refers to a large effigy, often constructed as part of local New Year or cultural celebrations in Kerala, particularly in places like Kochi. The effigy, often representing an exaggerated figure or caricature, is burned as a symbolic gesture to mark the end of the old year and to usher in the new one.

Case Briefs High Courts

Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court

“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mark-up earned by purchasing & selling cargo space from shipping lines not liable to service tax: CESTAT

The assessee-appellant contended that they acted on principal-to-principal with both the customers (shipper) and the shipping line/airline. A freight forwarder may act as principal and raise invoice to the exporter on his own account, providing transportation of goods and is not acting as “intermediary”.

Case Briefs High Courts

Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates

The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.

Case Briefs High Courts

Read why Madras HC granted bail to temple activist Rangarajan Narasimhan in two FIRs relating to video against Deputy CM Udhayanidhi Stalin

“A reading of the complaint does not attract the provisions of Section 75 of BNS or Section 4 of the Prohibition of Harassment of Women Act. Furthermore, as the other offences are bailable, I am inclined to grant bail to the accused with certain conditions.”

Army Disability pension for hypertension

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Patently illegal & against the thought process of Armed Forces itself’; AFT grants disability pension to former army personnel suffering from primary hypertension

“The mere fact that the disease manifested itself many years after joining service is sufficient to conclude that the same was attributable to military service because it is an established fact that stress and strain in military service is unique.”

Case Briefs High Courts

Bombay HC denies suspension of sentence of 73-year-old man who raped mentally challenged house help

The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.

Case Briefs High Courts

‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma

“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.

Eviction proceedings before Inquiry Officer

Case Briefs Supreme Court

Inquiry Officer can continue Eviction proceedings by upholding natural justice principles in absence of regulations under Section 105H of MMC Act: SC

In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.

Case Briefs High Courts

Assets and liabilities of public servants not private; Disclosure cannot be completely exempted under S. 8 of RTI Act: Madras High Court

“No doubt, it is true that the assets and liability of a public servant will have to be necessarily disclosed and cannot be shielded from public scrutiny but there should be a reasonable restriction of the same.”

Case Briefs High Courts

‘Objective of Freedom Fighters’ Pension Scheme to honour genuine freedom fighters without harassment or delay’; Orissa HC directs for release of pension to 100-yr-old freedom fighter

The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.

Case Briefs High Courts

Court cannot substitute its own view and pass an order which is neither pleaded nor prayed for by the parties: Calcutta High Court

The case relates to Joint Forum of Doctors who approached the police authorities for permission to hold peaceful protest raising certain grievances relating to an unfortunate and barbaric incident of R.G. Kar Medical College and Hospital at the night of 09-08-2024

Case Briefs High Courts

Kerala HC dismisses plea challenging integrity certificate granted to IO over alleged faulty probe in Walayar rape death case; Upholds Decision by Home Secretary

Walayar rape death case was a seven-year-old case relating to the rape and alleged murder of two minor sisters at Walayar

Case Briefs High Courts

‘Third pillar of democracy being treated shabbily’; Punjab and Haryana HC slams State for poor living and working conditions of Judicial Officers

PILs were instituted highlighting the sorry state of affairs of the residential houses for Judicial Officers and of courtrooms. The PIL also recorded that there is lack of residential houses available for the Officers.