Case Briefs Archives | Page 6 of 648

Explained| Allahabad High Court order upholding State Government’s decision to cancel Ziledari Qualifying Examination 2018

Allahabad High Court said that recruitment has to be fair, transparent and accountable, if there are irregularities and malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process

Case Briefs High Courts

Delhi High Court directs removal of online videos and tweets containing comments threatening a classical singer

Delhi High Court noted that there is a severe threat to the safety and security of the petitioner as is evident from the comments and videos.

Case Briefs High Courts

Why did Allahabad High Court grant full and proper security to Mukhtar Ansari?

Allahabad High Court said that though it is not against media taking interview of Mukhtar Ansari but looking to the recent episode of Atiq Ahmed, this restriction would be in the interest of the under-trial prisoner for their safety and security

Case Briefs Supreme Court

SC expresses displeasure over petition filed by DRT, Chandigarh Presiding Officer M.M. Dhonchak; dismisses petition challenging P&H High Court Order

The Supreme Court said that it was unfortunate that Mr. Dhonchak had filed the petition against the order of Punjab and Haryana High Court.

Case Briefs High Courts

Advocates should prioritize Legal Aid matters; Access to justice cannot be denied based on economic capacity: Bombay High Court

Bombay High Court was cautious of litigants getting the impression that quality legal services are not provided if they are unable to afford the services of Advocates by paying substantial fees.

Case Briefs High Courts

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

Case Briefs High Courts

[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court

The right of privacy claimed by the husband vis-à-vis the prayer of the wife to seek assistance of the Court for production of records to substantiate her charge of adultery levelled against the husband in her petition seeking divorce was the question before the Delhi High Court.

Case Briefs High Courts

[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries

Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.

Case Briefs Supreme Court

Sexual Harassment at workplace: “Assure women safe & secure workplace or they will fear stepping out”; SC issues directions for PoSH Act implementation

The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.

payment to operational creditors under ibc

Case Briefs Supreme Court

Operational Creditors must be paid equivalent amount as per Section 53 of the IBC in case of liquidation of Corporate Debtor: SC

The Court said that Vistra ITCL (India) Ltd. would be treated as a secured creditor in terms of Section 52 and 53 of the IBC, and would be entitled to retain the security interest in the pledged shares.

supreme court judgment on section 313 of crpc

Case Briefs Supreme Court

‘Failure to put material circumstances before accused amounts to serious irregularity’; Supreme Court set aside conviction in 27-year-old murder case

Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.

Case Briefs Supreme Court

SC rejects Centre’s plea challenging maintainability of Meghalaya’s suit to declare provisions of Lotteries Regulation Act as ultra vires

The Court said that the grievances raised by the State of Meghalaya in the context of its right to do business in lotteries under Article 298(b), would constitute disputes, which fall squarely within the four corners of Article 131 of the Constitution.

Case Briefs Supreme Court

“Voting by secret ballot should not be the rule but clearly an exception”; Supreme Court modifies guidelines for designation of Senior Advocates

Supreme Court said that the process of improvement is a continuous one and that it learns from every experience. This ruling is one more step in the fine-tuning system of designation of Senior Advocates, and it hopes it achieves the purpose.

Case Briefs Supreme Court

Explained| Supreme Court judgment settling tussle between Delhi Govt and Centre

In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.

Case Briefs Supreme Court

Supreme Court stays Gujarat Govt’s ‘rushed’ decision to promote judicial officers as District Judges; says ‘State could’ve waited till next hearing’

The Gujarat Government had issued the impugned Notification dated 18.04.2023 during the pendency of the present writ petition and after receiving the notice issued by the Court. The Supreme Court observed that the State Government could have waited till the next date of hearing which was on 28.04.2023.

Case Briefs Supreme Court

Decoding Maharashtra Political Crisis: From how it all started to Supreme Court’s ‘Big’ Verdict

The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT forms Joint Committee to probe allegations of environmental norms violations in constructions at CM Kejriwal’s residence

It was alleged that during the construction activities at 6 Flag Staff Road, Delhi, 20 trees were cut illegally as permissions for tree cutting were sought manipulatively.

Case Briefs High Courts

Sensitive heart & alert mind necessary in sexual abuse cases; Delhi High Court deprecates Trial Court’s public disclosure of child rape victim’s sensitive counselling session details

Delhi High Court observed that the child who was being examined in the case at hand was in the category of a child witness who is vulnerable and a victim of sexual assault by her own father, and it was not a new phenomenon in criminal jurisprudence.

Case Briefs High Courts

Delhi High Court restrains Jindal Sanitaryware (P) Ltd. from using the mark ‘JINDAL’ on its PVC pipes

The Delhi High Court opined that Jindal Sanitaryware (P) Ltd. will not be subjected to any serious prejudice if it was restrained from using ‘JINDAL' on its PVC pipes, as it was already using the mark ‘J PLEX ', which was registered in its favour for PVC pipes.

Case Briefs High Courts

Death due to mosquito bite not ‘accident’; Calcutta High Court upholds Insurance Company’s decision

“The (buzz) word is that Mosquitoes are simply everywhere — in pools, parks, movie theatres and convention centres — pests! Perhaps the time has finally come to use cannons to kill mosquitoes.”