Case Briefs Archives | Page 70 of 914

Rajasthan High Court imposes cost of ₹5 Lakhs for non-disclosure of coordinate Bench’s previous order, deems it as “adding fuel to fire”

The Additional Advocate General brought the Court’s attention to a previous order, where the Coordinate Bench of this Court directed the educational institution to apply for a fresh NOC before seeking further relief for future academic years.

Case Briefs Supreme Court

Supreme Court grants bail to murder accused after two years; Notes six co-accused already released

Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

‘State cannot fix quota or percentage of admission in unaided minority educational institutions’: Chhattisgarh HC declares Rule fixing 50% seats to local minority students as ultra vires

Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.

scope powers of the Appellate Court Section 37 A&C Act

Case Briefs Supreme Court

Arbitration and Conciliation Act | Appellate power of Section 37 is limited within the domain of Section 34: Supreme Court

“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.

Case Briefs Supreme Court

[Delhi Education Rules] NDMC not responsible for salaries upon unlawful closure of School by DSGMC: Supreme Court

DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.

Case Briefs Supreme Court

S. 173(8) CrPC | ‘Frivolous & vexatious proceedings be met with due sanctions’; SC quashes further investigation order in decade-old murder case

‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’

Case Briefs High Courts

“Modesty of a woman is Worshipped in our country” MP High Court refuses to quash Rape case despite settlement

“A women survives as a mother, wife, sister and daughter etc. of every person. Her body is known as her own temple as she is specifically known for her sacrifices. Her sacrosanct entity is required to be protected in every circumstances.”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to aid Dalit student’s IIT fee issue; Grants admission to original allotment batch

Supreme Court acknowledged that the petitioner’s admission had been delayed through no fault of his own. It requested the Director of IIT Dhanbad to utilize his good offices to facilitate the petitioner’s ability to complete the coursework for the time already elapse.

Case Briefs High Courts

Karnataka HC directs ANI Technologies to pay Rs 5 Lakhs as compensation to woman sexually harassed by OLA cab driver in 2018

The Court directed the company’s Internal Complaints Committee to hold an enquiry into the complaint of the petitioner in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days.

Case Briefs High Courts

Madras High Court asks State to provide details on criminal cases against Isha Foundation

In view of the serious nature of the allegations raised against the institution, Madras High Court opined that some more deliberations are required to understand the truth behind the allegations.

Case Briefs High Courts

Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement

Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.

Case Briefs High Courts

‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”

Case Briefs High Courts

MP High Court seeks response in plea challenging State Committee’s expertise on Rehabilitation of migrated Wild Elephant

The petitioner argued that the State committee lacks expertise in handling elephants and suggested involving experts from states like Kerala, which have significant experience in managing wild elephants.

Case Briefs High Courts

‘Tampering with complaint raises concerns about integrity of investigation’; Calcutta HC cancels bail granted to accused in sexual assault case of IAS Officer’s wife

‘The bail application of an accused for offence under Section 64 of BNS cannot be heard and disposed of without giving the victim an opportunity to be heard.’

Case Briefs Supreme Court

[Tirupati Laddu Controversy] Supreme Court criticizes Andhra Pradesh CM Naidu for making public comments while matter was still under investigation

“Four writ petitions have been filed seeking various prayers, inter alia, including an independent enquiry and directions for establishing regulatory frameworks with respect to the religious trust and specifically the preparation of the prasadam”

Case Briefs High Courts

Allahabad High Court asks State to provide reasons why establishment of AIIMS like institute is not necessary in Prayagraj

Allahabad High Court noted that in the last ten years, the population in the region has increased substantially, resulting in acute pressure on the existing medical infrastructure.

Case Briefs High Courts

‘Stray dog menace in Delhi is a serious issue affecting human life’; Delhi High Court refrains to address MCD’s negligence claims

The relationship between humans and dogs is at times a relationship of compassion and unconditional love. The responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both, humans and dogs.

Case Briefs High Courts

Timeline of 90 days for filing appeal prescribed under S.21 of NIA Act is ‘justice bar’, to be applied equally to accused and agency: Telangana HC

The doors of justice cannot selectively be shut to a few and not to others, particularly where the life and liberty of the accused is at stake.

Case Briefs High Courts

‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle

Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.