insurance claim by TATA AIG to widow
Case BriefsHigh Courts

The Court stated that IIFL and TATA AIG entered into internal business arrangement where IIFL, virtually acted as an insurance agent of TATA AIG while selling the policy to its borrower. The present case does not involve voluntary application by the insured for insurance policy.

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mother's Habeas Corpus plea
Case BriefsHigh Courts

Photographs placed before the Court disclosed that the minor child was in safe custody of his father

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concealment of alimony
Case BriefsHigh Courts

“Maintenance claims require disclosure affidavits of assets and liabilities, balanced assessment of needs and quantum based on factors like parties’ status, reasonable need and income.”

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stamp duty refund despite delayed application
Case BriefsHigh Courts

“Without the deed of cancellation, the petitioner could not have sought refund of the stamp duty, and to deny the refund of the stamp duty to the petitioner was wholly unjustified and inequitable.”

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Individuals Availing Sex Workers Can Be Prosecuted
Case BriefsHigh Courts

“A person utilising the service of a sex worker at a brothel cannot be termed a customer. To be a customer, a person should buy some goods or services. A sex worker cannot be denigrated as a product”

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songs glorifying violence
Case BriefsHigh Courts

While the Court was inclined to impose costs for filing a misconceived contempt petition, considering that petitioner is a young member of the Bar and mindful that costs may unduly prejudice him, this Court refrained itself from imposing costs.

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Service of notice in no confidence motion
Case BriefsHigh Courts

There was a clear contradiction between Tehsildar’s report and the punchnama as one stated that the Respondent 3 refused to accept the notice, so it was pasted on his residential house while the other stated that the notice was duly served to the mother of Respondent 3.

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child custody emotional bond
Case BriefsHigh Courts

The welfare of the child is the paramount consideration in custody matters, therefore, the right of father and mother as natural guardian can only be curtailed when the custody might be detrimental to the welfare of the child.

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charges against former Education Minister
Case BriefsHigh Courts

In the present case, the selection process is of 2008 and about 17 years have passed since then. The first FIR was lodged on 18-7-2011. Further, nothing has moved significantly in prosecuting the accused, as only 28 out of 181 witnesses have been examined.

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delivering knives used for murder
Case BriefsHigh Courts

“The FIR specifically alleges that the knives ordered by the accused persons through Flipkart, which were prohibited under the Arms Act, were delivered through the logistics chain of ElasticRun where the present accused persons were employed, despite prior communications and warnings from the police authorities to e-commerce platforms to desist from supplying such prohibited items.”

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43 days custody
Case BriefsHigh Courts

“With anguish and pain, this Court observes here that the learned Magistrate as well as learned Additional District & Sessions Judge failed to exercise their discretion in right perspective and in a very casual manner, decided the bail applications, placed before them.”

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72-year-old woman fined for frivolous case
Case BriefsHigh Courts

“The filing of this kind of litigation should not be encouraged by this court and the same should be deprecated.”

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initiate divorce abroad if married in India
Case BriefsHigh Courts

“The husband had no right to initiate proceedings in the Australian courts by taking advantage of the fact that he had acquired Australian citizenship.”

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Wife Attempted Self-Immolation
Case BriefsHigh Courts

“This dreadful act is sufficient to hold that she has committed mental cruelty with the husband and the Trial Court erred in not appreciating the facts evident on the record and even more so in replacing them with its own perceived notions.”

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pension benefits to 2006-2009 retirees
Case BriefsHigh Courts

There is no valid justification for creating two classes of pensioners, i.e. those who retired between 1-1-2006 and 31-3-2009, and those who retired after 31-3-2009, solely to grant a revised pension.

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Advocate entitled to Absolute Licence
Case BriefsHigh Courts

“It was not the disputed eligibility of the petitioner to have an absolute licence to practice law, but an alleged non-communication of his appointment in government service that had prompted Respondent 1 to issue the impugned order and notification.”

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State Information Commissioner post-retirement benefits
Case BriefsHigh Courts

Gauhati High Court observed that by virtue of Section 16(5) of the Right to Information Act, 2005 , a deeming fiction is created to the advantage of the State Information Commissioner, who would be paid similar salary and postretiral benefits as that of Chief Secretary.

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Resettlement claim Panchayat Parivar Register
Case BriefsHigh Courts

“The Rehabilitation and Resettlement Scheme was for the benefit of only those who were permanently residing in the area and who were to be rendered houseless and landless on account of acquisition proceedings for the purpose of construction.”

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CAMPURE trade mark infringement
Case BriefsHigh Courts

“Relevant consumer base for the products which are deodorizers, air purifiers etc would be an average educated class with the ability to differentiate between the rival marks especially when there is no resemblance apart from a phonetic similarity between the two when viewed as a whole.”

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Sanjay Gandhi National Park forest workers
Case BriefsHigh Courts

“If Government’s argument is accepted, it would amount to enslavement of these workmen and bonded labour. The Court cannot be a mute spectator to this situation.”

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