Rahul Gandhi's citizenship
Case BriefsHigh Courts

“We are, prima facie, satisfied that the matter requires consideration as the petitioner has been pursuing his cases against a very powerful individual and is facing constant threats.”

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Is Working “for” an organisation same as working “in” it as an employee? Delhi High Court rules
Case BriefsHigh Courts

The petitioner, a law graduate, was appointed as Assistant Director (Legal) in BIS in 2021 after due scrutiny by a selection committee. In 2024, her services were terminated on the ground that her earlier experience as an advocate for a private university did not meet the prescribed eligibility of working in a government or autonomous body.

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ban on notified hybrid paddy seeds
Case BriefsHigh Courts

Non-notified seeds do not assume legal sanctity as assumed by notified seeds under the Seeds Act, 1966. Thus, the prohibition has rightly been imposed by the State Government upon the non-notified seeds, as this power is conferred upon the State Government by the Seeds Act, 1966 and Section 3 of the Essential Commodities Act, 1955.

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arms dealer quota
Case BriefsHigh Courts

“The doctrine of reasonable restriction under Article 19(6) of the Constitution permits the State to impose limitations on such trade in the interest of public peace and security.”

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Disproportionate assets case against Ex-DGP Thachankary
Case BriefsHigh Courts

“If the State, whose duty it was to bring the offenders to justice, took sides with an accused and permitted him to dictate the manner in which the investigation against him was to progress, it would be antithetical to the concept of ‘the rule of law’.”

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sentence of man who raped nice
Case BriefsHigh Courts

In her statement, the victim stated that firstly, her father committed forcible sexual intercourse with her, and after some days when she was sleeping at her paternal aunt’s house, then the convict, who was her paternal uncle, committed the same offence against her.

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maintenance for wife with sufficient dividend income and assets
Case BriefsHigh Courts

“The object of awarding interim maintenance is only to ensure that the wife has sufficient income to enable her to maintain herself and the said sustenance is not mere survival, but should be on the same lines of a comfortable lifestyle that she would have had in the matrimonial home.”

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Claim of juvenility
Case BriefsHigh Courts

“If two views are possible during the course of enquiry, the Court should lean in favour of holding the accused to be juvenile in borderline cases.”

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Documents unavailability no ground for secondary evidence
Case BriefsHigh Courts

The petitioner’s submission that the documents are not immediately available/traceable is not supported by any affidavit and the application appears to have been signed only by the counsel. Thus, petitioner’s contention about absence of original documents only based on bare statement in an application cannot be straightway accepted.

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Thomas Issac appointment as advisor to KKEM
Case BriefsHigh Courts

“The Court remarked that it was unfortunate that Dr. Issac was compelled to be subjected to such a petition and had to file an affidavit to reiterate his credentials.”

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Defamation case against Sanjay Nirupam
Case BriefsHigh Courts

The Shiv Sena leader, Sanjay Nirupam when served with the repeated intimations to appear in the Court, tore the said notice and returned it. The Court stated that such conduct showed that he had no respect for the proceedings before the Court.

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termination over non-disclosure of gambling offence
Case BriefsHigh Courts

“The employer should take into consideration all relevant facts and circumstances available as to antecedents and keeping in view the objective criteria, while taking appropriate decision. Mere suppression does not mean that employer can arbitrarily terminate the services of employee.”

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Own Name Defence in Trade Marks
Case BriefsHigh Courts

The appellant, Vasundhra Jewellers Pvt. Ltd., incorporated in 1999, claims continuous use and registration of the mark VASUNDHRA for jewellery, while the respondent, Vasundhara Fashion Jewellery LLP, incorporated in 2016, traces its mark VASUNDHARA to its founder Vasundhara Mantri, who has used the name in business since 2001.

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32-week pregnant minor rape survivor
Case BriefsHigh Courts

“Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman.”

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Guidelines on Ganesh festival
Case BriefsHigh Courts

Pandals must not block traffic or access to emergency exits and hospitals. Their registration was made mandatory, with an emphasis on using eco-friendly idols. The use of sound systems after 10 PM was restricted, and organizers were instructed to keep the volume at an appropriate decibel level.

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quash trial over disputed questions of facts
Case BriefsHigh Courts

“The Court in exercise of power under Section 482 of the CrPC cannot assume such jurisdiction and put an end to the process of trial provided under the law.”

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Case BriefsHigh Courts

In the present case, the petitioner has wrongly equated filing an application under Section 12 of DV Act to lodging of a complaint or initiation of a prosecution. However, such application cannot be equated with a complaint within the meaning of Section 200 CrPC or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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execution of order under S. 14 SARFAESI Act
Case BriefsHigh Courts

“Non-Performing Assets are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of recovery mechanism under the SARFAESI Act is paramount for liquidity in the system”.

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transgender person entitled to change name and gender
Case BriefsHigh Courts

The Court refrained from adopting the usual practice of concealing and masking name of the transgender person in the present judgment and revealed the name so that this judgment becomes a torch to other transgender persons leading them to the path of access to justice.

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Preventive detention cannot cancel bail
Case BriefsHigh Courts

“Since preventive detention, is an anathema to personal liberty, one has to give equal credence and weightage to the personal liberties of a person which are proposed to be suspended by way of the order of preventive detention.”

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