Reliance on WhatsApp chats alone insufficient to grant divorce on grounds of cruelty: Bombay HC
“Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence.”
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“Ensure No Damage to Jal Jeevan Mission Infrastructure”: MP High Court directs protection of pipelines during optical fibre cable work
Larsen And Toubro Limited filed the present petition aggrieved by the inaction on the damage caused to the water pipelines laid down by them under the Jal Jeevan Mission.
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Are State-operated Old-Age Homes Adequately Equipped? Rajasthan HC Seeks Report from SLSA
“The true objective of such homes is realized not merely by their existence, but by ensuring that they are adequately equipped with basic amenities, medical facilities and welfare support for the residents.”
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IBC vests decisive authority on CoC’s commercial wisdom; Confines judicial review strictly under Ss. 30(2) & 61(3) IBC: Supreme Court
“Commercial wisdom of the CoC enjoys primacy and cannot be supplanted by judicial review. Neither the NCLT, nor the NCLAT nor even this Court is empowered to substitute its assessment in place of the commercial decision arrived at by a requisite majority of the CoC”.
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Restrictions under S. 22, ID Act applicable to bank employees; Strike call by trade union can trigger conciliation proceedings: Kerala HC
“Section 22(1), ID Act will apply squarely to the Trade Union and there is no basis for the inference that managerial or supervisory employees of higher ranks or cadres are excluded from the ID Act. The restrictions imposed under Section 22, ID Act are designed to protect the interests of the public and ensure the smooth operation of a Public Utility Service.”
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Delhi High Court restrains imitation of Manforce advertisements; Directs removal of deceptively similar promotional content
“A comparison of the original artistic works of the plaintiff posted on Instagram with that of the infringing works of Defendants1 and 2 posted on Instagram clearly depicts, prima facie, infringement of the copyrights of the plaintiff.”
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“Administrative laxity and systemic failures threaten public health and breach Article 21”; Jharkhand HC directs strict enforcement of Bio-Medical Waste Rules
“Handling of biomedical substances demands meticulous oversight and strict adherence to scientific procedures and any administrative or institutional laxity in this sphere brings grave and irreversible consequences.”
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Issue of genuineness of arbitration agreement be decided by Arbitrator as preliminary issue under Section 11(6A): Supreme Court
The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.
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“Form of oppression against girls”: Chhattisgarh HC flags lack of girls’ toilets in government schools, seeks response from School Education Secretary
“There is not even washrooms or toilets for female students, making it difficult for them to spend even five to six hours in school. This system is a form of oppression against girls. This could be a major reason for many female students dropping out or not attending school at all.”
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Summoning order under Section 138 NI Act need not be elaborate, but must reflect application of mind: Delhi High Court
“Issuance of summons in a criminal case is a very serious matter, since even mere issuance of summons by criminal court may stigmatise a person, who may not be required to be summonsed at all.”
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Competent Authority can opt for other officers’ assistance for surprise checks; Kerala HC declines to quash corruption case against Excise Officer
“Clause 16 of the Government Order uses the term ‘may’ and not ‘shall’, and therefore assistance of a higher authority of the department concerned is not mandatory. Mere irrelevant procedural irregularities would not vitiate the proceedings unless they have an absolute deterrent effect to destroy the prosecution case in toto.”
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Addressing overcrowding in prisons, Supreme Court issues directions for expansion and uniform governance of Open Correctional Institutions
“Continued underutilisation, despite availability of infrastructure, reflects a systemic indifference to deploy reformative mechanisms and warrants immediate corrective measures.”
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Non-compete clauses against doctors void ab initio; Hospitals cannot prevent them from joining other institutions: Madras HC
“Doctors can thrive without hospitals, whereas a hospital can never exist without doctors supporting such hospitals by rendering their services.”
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Wife’s convenience no longer paramount in matrimonial transfer petitions: Madhya Pradesh HC
“Now the convenience of the wife/lady is not the paramount consideration for deciding the transfer applications and alternatives to transfer proceedings have been provided.”
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‘Sharbat Rooh Afza’ classifiable as fruit drink under Entry 103 of UPVAT Act taxable at 4%: Supreme Court
“The nomenclature “sharbat” does not strip the product of its essential character as a fruit-based beverage concentrate, particularly where its composition and intended use align with that understanding.”
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Ex gratia, leave encashment cannot be denied to sole legal heir married daughter: Madhya Pradesh HC grants relief to District Court driver’s daughter
“Ex gratia is not a legally mandatory payment like gratuity, it is discretionary, based on employer policy. The purpose of ex gratia is to provide immediate financial relief to the family of the deceased employee.”
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Pre-existing dispute irrelevant once debt and default proved: Supreme Court restores Section 7 IBC proceedings
Unapproved restructuring of loan facility not in compliance with the Debenture Trust Deed cannot defeat the admission of Section 7 IBC application once financial debt and default are established.
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Delhi High Court protects Swami Ramdev’s Personality Rights; directs take down of AI-generated deepfakes
“The plaintiff, Swami Ramdev is a known and renowned personality in the fields of yoga and ayurvedic medicine, in India and abroad. Through several institutes, he is advancing yoga education, healthcare and Ayurvedic treatment and is also engaged in various philanthropic endeavours. Owing to his contributions in these fields, Swami Ramdev has earned a formidable goodwill and reputation and has received several awards, honours and accolades.”
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Married man engaging in sexual relations with promise of marriage is deceit from very beginning: Allahabad High Court
“The accused while entering into sexual intercourse with the victim knew that he is a married man and his false promise of marriage to the victim will be broken.”
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Intention at time of entry determinative factor under S. 441 IPC; Mere entry into property not sufficient to establish criminal trespass: Orissa HC
“The entry must be accompanied by the requisite criminal intent as defined under Section 441 IPC and, in the case of Section 450 IPC, such intent must be to commit an offence punishable with imprisonment for life”.
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