Case Briefs Archives | Page 67 of 914

Referring woman as ‘prostitute’ in public in her absence may not constitute an offence under S. 509 IPC, but could attract other charges: Kerala HC

Kerala High Court mentioned that the word “intrude” is not defined in IPC. Its dictionary meaning is to put oneself deliberately into a place or situation where one is unwelcome or uninvited. To put it otherwise, intrude means trespass, horn in, pry into or to join in something without invitation or consent to the privacy of the woman.

Case Briefs High Courts

Allahabad High Court affirms Central Administrative Tribunal as substitute for Civil Court in service disputes

“Initially a writ petition was filed before the High Court in the year 2000 which was transferred to the Tribunal in 2017 and thereafter, it came to be dismissed in 2024, we request the Tribunal to grant priority to hearing of this petition, and expect that the Tribunal shall hear and decide the same within a period of five months”

Case Briefs High Courts

Allahabad High Court denies bail to SP Leader Moid Ahmad in Ayodhya Minor Gang rape case

Allahabad High Court permitted the Moid Ahmad to apply for bail afresh after the expiry of four weeks and after the recording of the testimony of the informant and the victim.

Case Briefs High Courts

Juvenile tried as adult cannot be denied bail solely due to absence of male member in family to supervise him: MP High Court

The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.

Case Briefs High Courts

‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe

A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.

Case Briefs High Courts

Delhi High Court restrains Hyatt India from unauthorized public performance of copyrighted music at its hotels

The legal proceedings revolve around the defendants’ alleged unauthorized use of the plaintiff’s sound recordings at their hotels for commercial events, parties, and day-to-day business activities.

Case Briefs High Courts

‘Rendered unblemished service’: Punjab and Haryana HC sets aside order dismissing Muslim IAF officer from service for contracting second marriage

Since no protest was made by the petitioner’s former wife regarding petitioner’s second marriage, therefore, the same might have been a mitigating circumstance for the respondent to favourably exercise the empowerment vested in it regarding granting of ex-post sanction.

Case Briefs High Courts

Madras High Court dismisses plea on Samsung India Workers’ arrest after State confirms release

Madras High Court disposed of the habeas corpus petition after reviewing the State’s submissions, which indicated that the arrested individuals had been released on 08-10-2024, due to the Judicial Magistrate’s refusal to accept their remand.

Case Briefs High Courts

Rajasthan High Court grants stay on Injunction against Dharma Production’s movie “Jigra” release over Trademark Dispute

The Court is “prima facie convinced that the name of the movie in question would not infringe the trademark rights of the goods and services.”

Case Briefs High Courts

Contamination of Drinking Water | MP High Court orders Testing and Inspection of Drinking Water supply in Central Jail Jabalpur

The petitioner contended that the manner in which drinking water is stored for the Jail inmates, the water will get contaminated, and the inmates are probably not being supplied potable drinking water.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘A One Time Settlement agreement cannot extend the date of default’; NCLAT dismisses Samrat Restaurant’s CIRP plea

The NCLAT held the appellant’s claim was inflated, and the Adjudicating Authority rightly recalculated the actual unpaid amount, which fell below the Rs 1 crore threshold.

Case Briefs High Courts

Delhi High Court allows submission of encrypted DVDs and VCDs as evidence on record

Novex Communications Private Limited sued the operators of Social- Saket and Social- Hauz Khas for unauthorized use of copyrighted sound recordings, seeking to introduce video evidence of these infringements.

Case Briefs High Courts

‘No remorse or sympathy towards wife’s hardships’; Bombay HC imposes Rs 1 lakh cost on husband for opposing wife’s plea to transfer divorce case

If applicant-wife has to travel with her 15-months’ old son, it will be more difficult for her, since boarding and alighting from the local train at any given time during the day is extremely difficult proposition considering that trains are always overcrowded.

Case Briefs High Courts

Mere involvement in criminal case does not automatically negate candidate’s appointment: Rajasthan High Court

“Before reaching to the conclusion as to whether a person is unfit to be appointed in the Government job or not, each case is required to be scrutinized by the competent authorities considering the facts involved in that particular criminal case.”

Case Briefs High Courts

Gujarat HC stays GNLU student’s suspension from hostel over alleged misconduct

The Registrar directed the law student to vacate the hostel accommodation on the Student Disciplinary Committee’s recommendations due to non-cooperation in the inquiry.

Case Briefs Supreme Court

Inside SC’s verdict on mortgage by deposit of title deeds & imposition of Rs. 1.2 Lakhs costs for legal misadventure

For such a legal misadventure resulting in the wastage of precious judicial time of the High Court, which could have been better spent answering the call of justice raised by the teeming millions, the Court imposed costs of Rs.1,20,000/- on the appellant.

Case Briefs High Courts

‘Jurisdiction of Civil Courts is not barred from adjudicating a contractual dispute’ says Delhi High Court in case against Yes Bank Ltd.

‘The rule of amendment has been termed as rule of justice, equity, and good conscience which needs to be exercised in the larger interest of doing full and complete justice to parties before the Court.’

Case Briefs High Courts

Bombay HC grants relief to Shiv Sena leader for allegedly making bizzare gestures/utterances against a female journalist

The exact gestures made by appellant are not reflected in the FIR statement, which merely alleges making of bizarre gestures and whether the gestures allegedly made by appellant fit into the expression “gestures of a sexual nature” is questionable at this stage.

Case Briefs High Courts

Delhi High Court dismisses petition to disqualify BCI Chairman from Rajya Sabha over ‘Office of Profit’ Allegations; Imposes 25000 costs

Delhi High Court reiterated the need to follow the constitutional and statutory frameworks in dealing with matters of disqualification and election disputes.

Case Briefs High Courts

Consumer Commissions have power to act as Judicial Magistrate for trial of offences, which includes power to issue arrest warrants: Delhi HC

The question here is not about past wrongs, it is about the present failure to comply with a legally binding order. The Consumer Protection Act, 2019 is explicit on this point, that those in charge of a company during non-compliance are accountable. By holding a directorial position during this period, the petitioner is naturally included in this responsibility.