Case Briefs Archives | Page 5 of 648

‘Electricity no longer a luxury’; Meghalaya HC directs State to ensure adequate availability of electricity in the State

The Court directed State and Meghalaya Energy Corporation Limited to file affidavit indicating the plans for meeting the demands of electricity and actions during accidental shutdown of power plant.

Case Briefs Supreme Court

SC upholds NCLAT’s ‘project-wise-resolution’ process order in Supertech Insolvency; allows it to complete housing projects

The Court said that if Committee of Creditors would be constituted for all projects of Supertech, it will cause immense hardships to the home buyers and will throw ever project into uncertainty.

Case Briefs High Courts

News articles indicative of wilful campaign launched by Punjab Kesari to lower reputation of Gautam Gambhir in the eyes of public: Delhi High Court

The news articles are prima facie, indicative of a wilful campaign launched by the defendants to lower the reputation of standing of the plaintiff in the eyes of his constituents, supporters and the public at large.

Case Briefs High Courts

Challenge against constitution of Selection Committee to appoint Director of School of Planning & Architecture; Delhi High Court issues notice

The challenge is filed by Prof. Dr. Pratap Manohar Raval, an aspirant to the post of Director of School of Planning & Architecture, New Delhi.

Case Briefs High Courts

Specimen Document and Signature must be admitted by parties before comparing with disputed handwriting under S. 73 of IEA: Orissa HC

In case one party refuses to admit the specimen document, it is incumbent on the Court to first satisfy that the signature or writing on the specimen document is proved to be of the person concerned.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Apple India to either replace law student’s defective laptop or pay monetary compensation worth Rupees 2.3 lakhs

The Commission found Apple India to be liable for selling defective goods under the provisions of Consumer Protection Act, 2019

Case Briefs High Courts

Formulate programmes to educate teenagers who post intimate content on social media without consent: Delhi High Court directs DSLSA

In a case of consensual adolescent mutual love, there will be no place of abusing, blackmailing, inducement, threat, violence, pressurizing and threatening the prosecutrix to convert her religion for forcibly getting married even when she wanted to get out of the abusive relationship.

Case Briefs Supreme Court

Supreme Court upholds ISRO Scientist’s dismissal from service in the interest of Security of the State

The Court observed that not the unauthorised absence but the unauthorised association with foreign institution was a matter of concern for the security of the State.

Case Briefs Supreme Court

[WBHIRA ultra-vires of RERA] All complaints filed before WB HIRA Authority stand transferred to RERA: Supreme Court

Supreme Court said that any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.

Case Briefs High Courts

Delhi High Court dismisses petition filed by a 97-year-old challenging prospective operation of S. 23 Senior Citizens Act

Delhi High Court observed that the present case is not a case of casus omissus and the Court while exercising its jurisdiction under Article 226 of the Constitution cannot make the provision what the Legislature did not intend it to be.

Case Briefs High Courts

Delhi High Court upholds conviction for murder of a 2-year-old child by hitting her head against stairs of a mandir

Delhi High Court opined that the cause of death was found to be cranio cerebral damage consequent upon blunt force impact to the head which was sufficient to cause death in ordinary course of nature.

Case Briefs High Courts

Need to reconsider exclusions under S. 3(k) of the Patents Act in view of growing innovations: Delhi High Court

Many inventions in emerging technologies including by SMEs, start-ups and educational institutions can be in the field of business methods or application of computing and digital technologies, therefore, there is a need to reconsider the exclusions in Section 3(k) of the Patents Act, 1970, in view of the growing innovations.

Case Briefs Supreme Court

Supreme Court | Non- Tribals can settle down and vote in Scheduled Areas

Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.

Case Briefs High Courts

[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it

Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question

Case Briefs Supreme Court

SC upholds Calcutta High Court’s order directing the STC, Calcutta to release employee’s pension

The Court said that for any fault on the part of the employer, the employees cannot be made to suffer.

Case Briefs High Courts

Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator

The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.

Case Briefs High Courts

Whether online/ digital rummy played on Gameskraft is taxable under GST Act? Karnataka HC answers

The High Court quashed the GST notice of Rs 21,000 crores issued to Gameskraft holding it to be arbitrary and did a detailed analysis of various nuances of ‘game of chance’ and ‘game of skill’.

Case Briefs High Courts

Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company

Delhi High Court granted liberty to the petitioner to file a fresh legal action for the same relief once the moratorium is lifted or varied.

Case Briefs Supreme Court

Supreme Court issues notice in plea filed by Mohammed Shami’s wife seeking Uniform Laws for Divorce

Mohammed Shami’s wife Hasin Jahan filed plea before the Court to declare certain provisions of Muslim Personal Law (Shariat) Application Act, 1937 as unconstitutional.

Case Briefs High Courts

Invention not to be deemed a ‘computer programme per se’ solely due to use of algorithms and computer-executable instructions: Delhi High Court

It is essential for the Indian Patent Office to adopt a more comprehensive approach when assessing Computer Related Inventions (CRIs), considering technical effects and contributions provided by the invention rather than solely focusing on the implementation of algorithms and computer-executable instructions.