Case Briefs

Orissa High Court
Case BriefsHigh Courts

“The affidavit raising the preliminary objection stated- That as the two Judges of Larger Bench have already disagreed with the view of the earlier Division Bench, their presence in the Full Bench will be a hindrance for an independent and open mind hearing. The point of law/question of law referred to be determined cannot be fair and unbiased. That, in this premises, the view of a third Judge will be immaterial as the disagreed view of the two judges will prevail. It is just like loosing of the case by the sole respondent is preordained.”

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Bombay High Court
Case BriefsHigh Courts

Appellants clearly discharged the initial burden to show that the deceased was carrying a valid monthly pass and was a bonafide passenger and that the pass must have been lost in the untoward incident.

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Delhi High Court
Case BriefsHigh Courts

The Court stated that though it may be true that the petitioner cannot be present at the same time on the entire stretch of 3 kms, but, the criminals having carried out activities at 12 places without being noticed by the petitioner, clearly shows that he is not diligent in the performance of his duty and it is a case of gross dereliction thereof.

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3 yrs limitation on suit of same cause
Case BriefsSupreme Court

“The right to sue under Article 113 of the Limitation Act accrues when there is an accrual of rights asserted in the suit and an unequivocal threat by the defendant to infringe the right asserted by the plaintiff in the suit.”

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Bombay High Court
Case BriefsHigh Courts

Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.

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S. 143 Railways Act multiple User ID
Case BriefsSupreme Court

The Court said that Section 143 of the Railways Act, 1989 by being completely silent on creation of multiple user IDs, penalises the actions of only the unauthorised agents.

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Kerala High Court
Case BriefsHigh Courts

“Everybody should be vigilant while making comments about others, whether they are men or women.”

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Delhi High Court
Case BriefsHigh Courts

In the present case, the allegation against the respondent (‘man’) was of domestic violence, while he lived in a shared household with the petitioner (‘woman’) for almost seven years in a domestic relationship, if not as a married couple but at least as a couple in the nature of marriage.

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Delhi High Court
Case BriefsHigh Courts

While purchasing a motor vehicle, the name of the manufacturer becomes very important and an average consumer while deciding to purchase a motor vehicle would not only consider the model of the motor vehicle but also its manufacturer.

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S. 125(4) on non-compliance of restitution decree
Case BriefsSupreme Court

“It would depend on the facts of the individual case, and it would have to be decided, on the strength of the material and evidence available, whether the wife still had valid and sufficient reason to refuse to live with her husband, despite such a decree. There can be no hard and fast rule in this regard, and it must invariably depend on the distinctive facts and circumstances.”

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Punjab and Haryana High Court
Case BriefsHigh Courts

“The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified by the prosecution with cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in the rigours of Section 37.”

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Rajasthan High Court
Case BriefsHigh Courts

“Equals must be treated equally and, therefore, the non-grant of the benefit to the petitioner despite his being otherwise eligible and meritorious, does not meet the judicial approval.”

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plea of juvenility
Case BriefsSupreme Court

The Court explained that when the plea of juvenility was raised, it should have been dealt with under the existing laws at the relevant point of time, especially when there exists a tacit and clear admission as to the age of the Appellant.

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Delhi High Court
Case BriefsHigh Courts

When a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner.

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Telangana High Court
Case BriefsHigh Courts

“Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today’s time on the pretext that social media complaints do not deserve to be treated with seriousness.”

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Delhi High Court
Case BriefsHigh Courts

The Court stated that the recovery of incriminating material recovered from the mobile phone of the appellant showing pro-ISIS material showed that the appellant is deeply influenced with the philosophy and ideology of the ISIS.

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Delhi High Court
Case BriefsHigh Courts

The lack of bona fide on the part of the defendant is also demonstrated from the fact that it has adopted an identical colour combination of ‘blue and white’, as used by the plaintiff. Pertinently, most of the measuring tapes of the defendant selling under different marks do not bear the ‘blue and white’ colour combination.

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Chhattisgarh High Court
Case BriefsHigh Courts

The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.

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Orissa High Court
Case BriefsHigh Courts

The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.

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Delhi High Court
Case BriefsHigh Courts

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 4731 of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”

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