Case Briefs Archives | Page 516 of 914

“Implied Obligations”; Canada SC evaluates contours of duty to exercise contractual discretion in good faith

Supreme Court of Canada: In an interesting case regarding interpretation of implied contractual obligations the 9-Judge Bench comprising of Wagner C.J. and

Case Briefs Supreme Court

SC confirms life imprisonment in brutal murder of children aged 4 years and 2 years by administering celphos

Supreme Court: The Division Bench comprising of Indu Malhotra and Ajay Rastogi*, JJ., dismissed the instant appeal filed against the order of

Case Briefs Supreme Court

Supreme Court directs compensation of Rs. 5 Lakhs after a bank breaks customer’s locker without just cause. RBI to frame rules for Locker management [Read obligations of bank]

“Banks cannot wash off their hands and claim that they bear no liability towards their customers for the operation of the locker.”

Case Briefs High Courts

Madras HC | Can Court take cognizance of an offence registered under S. 309 IPC after 3 years? Court discusses while expressing “Hunger strike during a protest is not an offence under S. 309 IPC”

Madras High Court: N. Anand Venkatesh, J., addressed a matter wherein it was alleged that hunger strike during protest will be an

Case Briefs High Courts

MP HC | Court not inclined to entertain writ petition in case remedy available before concerning Magistrate under S. 156 (3) of CrPC

Madhya Pradesh High Court: Vishal Mishra, J., dismissed a writ petition which was filed under Article 226 of Constitution of India seeking

Case Briefs High Courts

Utt HC | Courts should not interfere with transfer orders made in public interest; Petition dismissed

Uttaranchal High Court: Lok Pal Singh, J., dismissed a writ petition which was filed in the matter of transfer of public servants.

Case Briefs High Courts

Del HC | Permanent residents of Singapore, residing there since 2012, wife seeks an injunction for suit filed in Singapore by husband regarding matrimonial dispute. HC rejects appeal. Why? Read on

Delhi High Court: The Division Bench of Vipin Sanghi and Rekha Palli, JJ., upheld the Family Court’s decision and directed the parties

Case Briefs High Courts

Madras HC | Husband and Wife living separately for past 13 years. Can cooling-off period under S. 13-B of Hindu Marriage Act, 1955 be waived off, if sought mutually ? Read on

Madras High Court: J. Nisha Banu, J., while addressing a revision petition directed the Family Court to waive off the cooling-off period

Case Briefs High Courts

Ker HC | Perception that non-compostable plastic are being passed off as compostable ones is not backed by research; HC uplifts the ban on compostable plastic bags

Kerala High Court: A.K. Jaya Sankaran Nambiar, J., addressed an interesting case challenging the legality of government Order that banned the use

Case Briefs High Courts

J&K HC | “Objectionable conversation, demeaning armed forces in the backdrop of Galwan Valley clashes”, HC acquits the person behind viral audio clip

Jammu and Kashmir High Court: Sanjeev Kumar, J., addressed the instant petition whereby the petitioner was charged for sedition under Sections 124-A,

Case Briefs High Courts

MP HC | Do the revenue authorities have jurisdiction to decide the correctness and genuineness of a “Will”? Court explains

Madhya Pradesh High Court: G.S. Ahluwalia, J., disposed of a writ petition setting aside the orders passed by the Board of Revenue

Case Briefs Supreme Court

Does the presence of arbitration clause in a contract with State oust the jurisdiction under Article 226? Supreme Court answers

“The State and its instrumentalities are not exempt from the duty to act fairly merely because in their business dealings they have entered into the realm of contract.”

Case Briefs Supreme Court

Govt deprives owner of possession and enjoyment of land for 45 years. SC decides if State can oust land owner from possession prior to enactment of enabling Act

Supreme Court: The instant appeal was filed by the Conservator and Custodian of Forest challenging the judgment of Division Bench of Kerala

Case Briefs High Courts

Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Delhi High Court: Suresh Kumar Kait, J., while addressing a criminal revision petition concerning a matrimonial dispute expressed that: “..husband cannot wriggle

Case Briefs High Courts

Madras HC | Temple shall not be a place for perpetuating communal separation leading to discrimination

Madras High Court: The Division Bench of M.M. Sundresh and S. Ananthi, JJ., while addressing the matter expressed that: The classification among

Case Briefs Foreign Courts

SCOTUS | Claims of Artwork by the heirs of Jewish Art dealers rejected. Why? Read discussion on Whether a country’s alleged taking of property from its own nationals fall within exception of Foreign Sovereign Immunities Act

Supreme Court of the United States: Roberts, CJ., while addressing a matter with regard to artworks obtained by Nazis from Jewish art

Case Briefs International Courts

“Penalising Silence”, insider trading suspect can refuse to answer incriminating questions; European Court of Justice upholds right to silence

European Court of Justice: The Grand Chamber presided by K. Lenaerts, President, addressed the reference question concerning interpretation of Articles 47 and

Case Briefs International Courts

Norwegian Data Protection Authority issues fine on an organisation for unlawfully setting up automatic forwarding of an employee’s e-mails

The Norwegian Data Protection Authority has fined an organization EUR 40 000 (NOK 400,000) for unlawfully setting up automatic forwarding of an

Case Briefs High Courts

Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542

Calcutta High Court: Sabyasachi Bhattacharya, J., reiterated the decision of Supreme Court in Embassy Property Developments (P) Ltd. v. State of Karnataka,

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Civil medical professionals are unaware of the demands of duties in forces.” Tribunal holds demand for medical check-up by civil doctors unsustainable

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard