Case Briefs Archives | Page 94 of 914

Delhi HC sets aside DDA’s decision declining the society’s request to celebrate Janamashtami Mohotasav in District Park

The Court asked DDA to ponder over what they have done to this city in terms of providing recreational activities open to all and how they intend to make Delhi a ‘Smart City’.

Case Briefs High Courts

Order granting/declining ex-parte interim measure in Commercial Arbitration Dispute is appealable under S. 37, A&C Act, 1996: Karnataka HC

In the instant appeal, the Court had to consider the interplay of Sections 9 and 37 of the A&C Act; Section 13 of the Commercial Courts Act, 2015 and Rule 9 of High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001.

Case Briefs Supreme Court

Not mandatory for plaintiff in specific performance suit to seek cancellation of subsequent sale deed executed by seller in favour of informed third party: SC

Section 19(b) provides that a specific performance of a contract may be enforced against any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.

Case Briefs High Courts

Gujarat HC permits 15-year-old mentally challenged girl to undergo abortion at 28 weeks of pregnancy

“Considering the fact that the minor girl is aged about 15 years, and she is mentally challenged, coming from a very low strata of the society and considering her family background as well, in all probability the girl would face a lot of problems in raising the child.”

Case Briefs High Courts

Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault

The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Case Briefs Supreme Court

Supreme Court stays directive to Eateries along Kanwar yatra route to display names of owners and staff

The State of Uttar Pradesh, Uttarakhand and Madhya Pradesh issued the direction amidst preparations for the Kanwar Yatra, directing the shops and eateries to display the names, addresses, mobile numbers of owners and their staff.

Case Briefs High Courts

‘TC is a procedural tool to ensure child’s admission, cannot form basis for denying admission in school or to collect arrear of fees from parents’: Madras HC

“Payment of tuition fees is the duty of the parents towards the schools. Any default in the same ought to be recovered from the parents by the school concerned in the manner known to law. Instead, making entries of non-payment of fees on TC in the child’s name is humiliation for the child. ”

Case Briefs High Courts

‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC

By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.

Case Briefs High Courts

‘Situation not emergent to justify parallel adjudication by Court’: Delhi High Court dismisses Section 9 Arbitration petition due to Lack of Urgency

“When the Arbitral Tribunal is in seisin of disputes between parties, there is the pernicious possibility of any observation being made by the Court influencing the proceedings before the Arbitral Tribunal”

Case Briefs Supreme Court

Supreme Court sets aside withdrawal of prosecution of MLA accused of double murder in broad daylight

“The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings.”

Case Briefs High Courts

Bombay HC holds retired professor entitled to pensionary benefits; directs authorities to perform formalities

The Court emphasised that the respondents did not object to the petitioner’s continuation of service for twenty-three years. Therefore, depriving the petitioner of pensionary benefits on the ground that a formal order of de-reservation was not passed, even though the ingredients were satisfied, would be unjust.

Case Briefs High Courts

Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores

Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”

Case Briefs High Courts

Delhi High Court stays debarment order by Food Corporation of India for being violative of principles of natural justice

The Food Corporation of India issued the undated communication after various defects were noticed in the Demolition and Reconstruction of 20 Residential Flats in Sector 27, Noida.

Case Briefs High Courts

‘Online filing of nominations will maintain purity of elections’; Tripura HC directs State Civil authorities, Election Commission to provide adequate security to candidates willing to submit nomination papers

The online filing of nominations will play a vital role in fulfilling the commission’s statutory duty to maintain the purity of elections.

Case Briefs High Courts

Delhi HC upholds reinstatement of superannuated research assistant of Jamia Millia Islamia University as a teacher

The Court finds that the respondent is possessed with necessary educational qualifications and thus fulfils the requisite condition of being appointed as a ‘Teacher’.

Case Briefs High Courts

“Defect notice is itself defective”: Bombay HC directs Tax authorities to refund the excess tax collected from vehicle trader

The Court stated that State authorities cannot retain the excess amount which is not in accordance with law and the same would be violative of Article 265 of the Constitution.

Israel Occupied Palestinian Territory unlawful

Case Briefs International Courts

Israel’s continued presence in the Occupied Palestinian Territory is unlawful; Must evacuate all settlers and Make reparations for damage caused: ICJ

The Court also opined that all States and International Organizations including UN, are under obligation to not recognize the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory as legal.

Case Briefs High Courts

MP High Court denies Writ of Mandamus to restrain authority from taking coercive actions based on alleged ‘illegal’ stop-construction interim direction

The Court held that a writ petition against a show-cause notice is generally not maintainable, as established in Union of India v. Kunisetty Satyanarayana, (2006) 12 SCC 28.

Case Briefs High Courts

Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”

Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.

Case Briefs High Courts

Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR

The physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent.