Case Briefs Archives | Page 445 of 914

Tri HC │TPSC directed to act in accordance with the recommendation made by the State to fill up the post of TCS

Tripura High Court: Arinadm Lodh, J., decided in the matter wherein four of the petitioners were holding the post of Chief Inspector

Case Briefs High Courts

HP HC | An apology for criminal contempt of court must be offered at the earliest since the belated apology hardly shows the “contrition which is the essence of the purging of contempt”

Himachal Pradesh High Court: Tarlok Singh, J., discharged the contempt notice and accepted the unconditional apology. The present petition was filed suo

Case Briefs High Courts

[Public Trust Doctrine] Kar HC | State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources

Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ and Sachin Shankar Magadum J allowed the petition, quashed the initial

Case Briefs Supreme Court

“Revenue record is not a document of title”; Mere mentioning of name in revenue records will not create any right, title or interest over forest land: SC

“It would be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries for notification Section 4 of the Forest Act…specific details are not required.”

Case Briefs High Courts

Jhar HC | “A woman employee cannot be discriminated on the basis of mode of appointment”; HC holds a contractual employee is equally entitled to maternity benefits

Jharkhand High Court: S. N. Pathak, J., directed the State of Jharkhand to provide maternity benefits to a contractual employee whose demand

Case Briefs District Court

Mere denial is useless, Presumption under S. 138 NI Act can be rebutted only by leading cogent evidence: Court holds accused guilty where “payment stopped by drawer”

Saket Courts, New Delhi: Swati Gupta, Metropolitan Magistrate reiterated what is expected of an accused to rebut the statutory presumption against him

Case Briefs District Court

Divorce by Mutual Consent: Family Court dissolves marriage where husband and wife had difference of opinions and incompatible temperament

Family Court Pune: M.R. Kale, J., granted a decree of divorce by mutual consent to a couple who due to difference of

Case Briefs High Courts

Our educational institutions are so weak that they would fear that students would get adversely affected if a restaurant having liquor license was in school’s vicinity: Is it true? Bom HC finds out

Bombay High Court: G.S. Kulkarni, J., while making certain significant observations stated that, An educational institute certainly contributes in creating ideal citizens.

Case Briefs High Courts

Presumption of infringement under S. 29(3), Trademarks Act: Madras HC grants permanent injunction in favour of Bharatmatrimony

Madras High Court: G. Jayachandran, J., decided a matter with regard to infringing the registered trademark BHARATMATRIMONY. Present suit was filed for

Case Briefs Supreme Court

Explained| Sections 138 and 141 of NI Act: Vicarious liability of directors of a company for dishonour of cheques

Supreme Court: Explaining the law relating to vicarious liability of the Directors of a company under Sections 138 and 141 of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether the services provided by subsidiary company to its parent company in a foreign country could be treated as export of services? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed the appeals which were filed against the common Order-in-Appeal

Case Briefs Supreme Court

Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC

Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.

Case Briefs High Courts

J&K and Ladakh HC | “Anyone possessing knowledge of who is who can name the Minister holding portfolio of works”; HC quashes defamation complaint against Arnab Goswami and Aditya Raj Kaul

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., quashed a defamation complaint filed against the Editor-in-Chief of Republic TV, Arnab

Case Briefs High Courts

Tri HC | Anticipatory bail is an extra ordinary relief; Application rejected in mob lynching incident

Tripura High Court: S.G. Chattopadhyay, J., rejected a pre-arrest bail application which was filed apprehending arrest registered for offence punishable under sections

Case Briefs High Courts

Ker HC | “Protection shall be offered discreetly, by women Police Officers not in uniform”; HC directs Kerala to ensure effective protection of victims of sexual harassment

Kerala High Court: Devan Ramachandran, J., directed the State of Kerala along with the Commissioner of Police to take steps for effective

Case Briefs High Courts

Law on Custody | Husband alleged to have been cause of wife’s death who committed suicide. Will this be a consideration for granting custody to father of corpus? All HC elaborates

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., decided an issue with regard to the habeas corpus petition for custody of a

Case Briefs Supreme Court

Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court

“A testamentary court is not a court of suspicion but that of conscience.”

Case Briefs District Court

Law on Dishonour of Cheque | Loan given in cash, no documentary evidence available. Lender files a complaint under S. 138 NI Act: Read how ‘presumption’ under S. 118 (a) plays a role

Patiala House Courts, New Delhi: Prayank Nayak, MM-01 acquitted the accused of offence under Section 138 (dishonour of cheque) of the Negotiable

Case Briefs High Courts

MP HC | Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused

Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular

Case Briefs High Courts

Kar HC│ What is Yipee Magic Masala Noodles and Wai Wai Majedaar Masala Noodles copyright infringement battle all about? Read on

“Principles laid down for Courts to deal with injunction applications, in a pending suit, seeking relief against passing off” Karnataka High Court: