Case Briefs Archives | Page 86 of 914

[Mohammedan law] Legislature only prohibits Talaq-e-Biddat or Talaqs having effect of instantaneous and irrevocable divorce: Himachal Pradesh HC

In the present case, the FIR refers to the notice dated 25-04-2022, which reads that the petitioner conveyed the first communication of Talaq by pronouncing the word ‘Talaq’. It nowhere mentions that the Talaq had become irrevocable, or it had the effect of instantaneous divorce.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC directs Fortis Heart Centre to pay Rs 65 Lakhs compensation for gross negligence in conducting angioplasty

NCDRC pointed out that the Fortis hospital and the assigned doctor ignored the condition of the patient’s lungs and started angioplasty, thereby resulting in severe pulmonary edema within half an hour of beginning the procedure leading up to further complications.

Case Briefs Supreme Court

[Patanjali Misleading Ads Case] Supreme Court drops contempt charges against Baba Ramdev and Acharya Balkrishna

In February 2024, the Court imposed a temporary ban on misleading advertisements and issued contempt of court notices to Baba Ramdev and Acharya Balkrishna.

Case Briefs Supreme Court

SC issues notice on tenant’s plea concerning his right to receive notice of demolition u/S. 400 of KMC Act after regularisation; Stay on demolition continues

Supreme Court initially took up this matter on 6-08-2024 and stayed the demolition of the subject premises of petitioner till 9-08-2024.

Case Briefs High Courts

MP High Court approves Synchronization of ICJS with SANDES APP for enhanced Criminal Justice System

The Court scheduled the matter for 16-10-2024, with directions to NIC Team to submit the concept note with further developments.

Case Briefs Supreme Court

SC quashes NDPS case against man falsely implicated in 1.75 Kg ganja dealing after 4 years due to lack of evidence

The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.

Case Briefs High Courts

‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’

The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.

Case Briefs High Courts

Bombay HC directs deletion of offending post on YouTube against Malabar Gold Ltd. for being per se defamatory and reckless

Several defamatory statements were made against Malabar Gold Ltd. by Respondent 1 on his YouTube channel titled “Marunadan Malayali”.

Case Briefs High Courts

“Advocates can’t pressurise Courts to pass favorable orders”; MP High Court condemns Counsel’s ‘fee recovery from client’ comment

“After realizing that the Court may not pass a favourable order, if an attempt is made by a Lawyer to seek adjournment, then it is a glaring example of Bench hunting.”

13-year-old-murder case supreme court acquittal

Case Briefs Supreme Court

Supreme Court acquits persons accused in 13-year-old murder case as prosecution fails to establish guilt convincingly

While exercising jurisdiction under Article 136 of the Constitution, the Court does not interfere with the concurrent findings recorded by the courts below, until and unless the evidence has not been properly appreciated, material aspects have been ignored and the findings are perverse.

Case Briefs Supreme Court

Supreme Court partly stays hijab ban by Mumbai College; Issues notice to College

Supreme Court said that it hopes and trust that the said interim order will not be misused by anybody, and clarified that it will be open to the College to move an application for vacation of this order, in case of misuse

Case Briefs High Courts

“Accused’s right to lead defense evidence cannot be curtailed”; J&K High Court sets aside conviction; remands Acid Attack case to Trial Court

“Right to fair trial, presumption of innocence unless proven guilty and proof by the prosecution of its case beyond any reasonable doubt are the fundamentals of our criminal jurisprudence.”

Case Briefs High Courts

J&K High Court awards Rs. 20 Lacs compensation for electric shock induced permanent disability

The Court noted that the electric shock resulted in the petitioner having a 75% disability from orthopedic side and 15% deformity disability.

Case Briefs High Courts

Bombay HC upholds validity of Regulation 10 of Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations, 2017

The Court opined that Regulation 10 permitted only Fellow Members to apply for Certificate of Practice because Fellow Members possessed higher qualifications than Associate Members by passing additional examinations and there is not only an intelligible differentia between Associate Members and Fellow Members but there is a rational nexus to the object sought to be achieved by the said classification.

Case Briefs High Courts

Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s

Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.

Case Briefs High Courts

[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage

“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608

Arbitration Act 1940 award compound interest

Case Briefs Supreme Court

Arbitration Act, 1940 doesn’t empower Arbitrator or Court to award interest upon interest or compound interest: Supreme Court

“There is no dispute as to the power of the courts to award interest on interest or compound interest in a given case subject to the power conferred under the statutes or under the terms and conditions of the contract; but where no such power is conferred ordinarily, the courts do not award interest on interest”.

Case Briefs High Courts

‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores

“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”

Case Briefs High Courts

Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool

The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.

Case Briefs Supreme Court

Delhi Excise Liquor Policy Scam| Supreme Court grants bail to Manish Sisodia in both ED and CBI cases

“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.