Case Briefs Archives | Page 66 of 914

‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late

In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.

Case Briefs Supreme Court

Quantified disability per se will not disentitle a candidate with benchmark disability from admission to educational institutions: Supreme Court

“It should be borne in mind that the RPwD Act which was enacted to give effect to the United Nations Convention on Rights of Persons with Disabilities – was with the objective of granting persons with disabilities full and effective participation and inclusion in society, grant them equal opportunity and to show respect for their inherent dignity, individual autonomy including the freedom to make their own choices.”

Case Briefs High Courts

‘Relationship was in nature of marriage’; Chhattisgarh HC upholds maintenance for a woman in live-in relationship who was unaware of her partner’s already existing marriage

In the present case, the woman has clearly stated that she was not aware about her partner’s marriage and his children. Further, the Trial Court as well as the Appellate Court has also stated that the relationship between them, fell under the category of domestic relationship.

Case Briefs Supreme Court

Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court

The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.

Case Briefs High Courts

Karnataka High Court quashes criminal proceedings against persons accused of shouting ‘Jai Shri Ram’ inside a mosque

The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.

stranger to suit dispossession decree holder redelivery

Case Briefs Supreme Court

Can a stranger to a suit, dispossessed of immovable property by decree-holder, seek redelivery? Supreme Court answers

Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.

Case Briefs High Courts

Long-standing consensual relationship without cheating not considered rape on pretext of marriage: Allahabad High Court

“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such a relationship.”

Case Briefs High Courts

Blind rejection of License transfer request without provision violates principles of Equity, Justice & Good Conscience: Rajasthan High Court

The Court advised the State of Rajasthan to amend the Motor Driving School Registration Scheme, 2018 to include provisions for license transfer to legal heirs.

Case Briefs High Courts

Daughter-in-law’s right to shared household under DV Act does not supersede right of senior citizen to seek relief under Senior Citizens Act in case of gross ill-treatment: Delhi HC

Mere fact that the mother may be physically unwell, does not compel her to accept the presence of those who, in her perception, have contributed to her distress. The Court cannot impose on the senior citizen a forced living arrangement against her will, especially when it has been found to be a source of her suffering.

Case Briefs High Courts

Man grooving his neck towards a woman while riding two-wheeler and listening to music not ‘stalking’ under S.354-D of IPC: Bombay HC

Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.

Case Briefs Supreme Court

Limitation period for adverse possession commences when possession becomes adverse, not upon plaintiff’s acquisition of ownership: Supreme Court reaffirms

“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”

Case Briefs High Courts

‘Commitment to fair play requires that Rules be followed scrupulously’; Delhi HC stays decision by ETC and Apex Council of ‘Legends League Cricket’

‘Teams and players respond to challenges presented at different stages of a match by adapting themselves to the requirement at a particular time, based on the situation that reflects on the scoreboard.’

Case Briefs High Courts

Is mere possession of proceeds of crime enough to invoke PMLA? Madras HC answers

“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”

Case Briefs High Courts

Delhi High Court quashes FIR in 7-Year-Old Case of fraud, rape, and forgery after amicable settlement

The complainant, who is a foreign national, wishes to give complete quietus to all cases which are pending before the Courts in Delhi arising from the present FIR to live her life in peace in the USA.

Case Briefs High Courts

A spouse unable to maintain himself/herself is entitled to maintenance on the principle of equistatus; Calcutta High Court upholds maintenance to wife

The purpose of paying maintenance is mainly two folds, first to prevent vagrancy because of strained husband and wife relationships and to guarantee that the poor litigating spouse is not crippled as a result of a lack of funds to live a dignified life.

Case Briefs High Courts

Revenue Code fully applicable to areas added to municipal limits after July 7, 1949, previously governed by Z.A. Act before its repeal: Allahabad HC

“The provisions of the Revenue Code will apply to the whole of Uttar Pradesh, except: (i) Chapter VIII which deals with management of land and other properties of Gram Panchayat or other local authorities, and (ii) Chapter IX which deals with tenures.”

Case Briefs High Courts

‘Failed to establish negligence in handling of vehicle by driver’; P&H HC directed Insurance Company to pay Rs. 54, 650 to oil carrier company for damage caused to its oil tanker

Once the objections raised by the petitioner is taken into consideration by Permanent Lok Adalat (Public Utility Services), Jind and an equitable jurisdiction is exercised, such view cannot outrightly be said to be perverse, improper or based on misappropriation of law and facts.

Case Briefs High Courts

‘Supplying products with altered local content amounts to breach of contract’; Bombay HC upholds BPCL’s order banning dealings with Mukand Poly Products

Once petitioner-Mukand Poly Products expressed its inability to supply pipes with 82.36% Local Content and that it will cater the supplies pursuant to the procurement order with its product having 51.45% Local Content, it will amount to abandoning the contract.

Case Briefs Supreme Court

Read why SC reversed Karnataka HC’s decision directing HMT & Defence Ministry to return acquired land to landowner’s successors

“Delay by the authorities, at times, may constitute a cause of action in itself. This would be especially true in a case of a live and continuing cause of action or in the event of failure to perform a mandatory statutory duty. It is, however, equally true that there can be cases where delay and laches would be fatal and can result in the dismissal of the writ petition.”

Case Briefs High Courts

‘Every citizen has right to access temple and offer prayers’; Rajasthan High Court quashes FIR for alleged Trespass at Mahakaleshwar Mahadev Temple

“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”