Case Briefs Archives | Page 185 of 915

Constitutional obligation on States to ensure clean environment; Himachal Pradesh HC dismisses petition challenging NGT’s jurisdiction over eco-sensitive areas

“Record and statistics revealed unplanned development particularly of hotels, lodges, home stays which was in violation of sustainable development. Therefore, exercise of power on the general issue in the Original Application cannot be termed to be suo-moto.”

Case Briefs High Courts

Right to property| Calcutta High Court directs payment of compensation under Article 300A despite substantial delay

Calcutta High Court held that the Municipality’s possession without proper acquisition procedures is deemed illegal, and the State is directed to initiate proceedings and pay compensation.

Case Briefs High Courts

Patna High Court quashes case against Navjot Singh Sidhu for cautioning people of Muslim community about dividing their votes

“From the content of the speech, it does not appear that petitioner has tried to promote feelings of enmity or hatred between two classes of people or two religions but in fact he has only said that Owaisi is trying to divide the votes of Muslims.”

Case Briefs High Courts

Bombay High Court dismisses appeal challenging jurisdiction in view of Section 42 of Arbitration Act

As per Section 42 of the Arbitration Act, notwithstanding anything contained elsewhere or in any other law where with respect to an Arbitration Agreement, any application has been made to a Court which had jurisdiction, that Court alone shall have jurisdiction over the arbitration proceedings which was first approached.

Case Briefs High Courts

Delhi High Court passes John Doe injunction order restraining use of mark WOW MOMO

There are unknown entities holding themselves as authorized franchise agents of Wow Momo Private Limited, whereas it has, in fact, no franchisees.

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC holds hotel liable for deficiency in service for carelessness and negligence which resulted in a car being stolen from its valet parking

“Despite having CCTVs installed and full proof of inward and outward register, the car was stolen from the premises of hotel itself is a proven incident of carelessness and negligence on part of the hotel staff”.

Case Briefs High Courts

Andhra Pradesh HC acquits man convicted under NDPS Act as negative burden was placed on him to show he did not own the cultivated land

“The criminal liability against the appellant is fastened basing on the so-called version of Accused 1 and 2 which is nothing but confession by exonerating the two accused. The whole approach of the Trial Court in appreciating the evidence on record is not in accordance with law.”

Case Briefs High Courts

Delhi High Court calls the petition filed for claiming property rights on United Province of Agra including Delhi, Gurgaon and Uttarakhand as frivolous; imposes 10,000 as costs

The Petitioner claimed to be the successor and heir of the Beswan family and claims property rights to the Beswan Avibhajya Rajya as its ruler, which consists of United Province of Agra running between river Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahr including, 65 revenue estates of Delhi Gurgaon and Uttarakhand.

Case Briefs High Courts

Sanction required under Section 197 CrPC for criminal complaint against Police Officer: Punjab and Haryana HC

It was contended on part of the State that since the complaint was filed by the Court itself, no sanction under Section 197 of CrPC was required.

Case Briefs High Courts

Mental Healthcare Act and Disabilities Act provide for appointment of guardian for people with disabilities, but nothing about person in comatose state: Allahabad HC

Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.

Case Briefs High Courts

Rajasthan HC directs its Registry and Family Courts to respect privacy of parties in matrimonial disputes by ensuring their identities are not disclosed

“To create life and give birth to the child is the God gifted power that lies with the mother. But here is a situation where her own creations or sons are not interested to even meet her, let alone live together.”

Case Briefs High Courts

Calcutta High Court upholds termination of Municipal employees due to procedural lapses in recruitment process

Calcutta High Court detected procedural lapses, including discrepancies in the written exam, absent candidates, and hasty completion of the entire process.

Case Briefs High Courts

‘Boys will be boys’ regrettably normalises stalking, eve-teasing, assault; Rape is Rape, be it by husband’: Gujarat HC while refusing bail to mother-in-law

“The father-in-law and mother-in-law watched the lovemaking moments of her own son and daughter-in-law on the TV screen in their bedroom and that they also compelled their son to take nude videos and photographs of the daughter-in-law and shared it on family WhatsApp group.”

Case Briefs High Courts

Bombay High Court declares ‘ATOMBERG’ as a well known trademark in India

The Plaintiff is a company engaged in manufacturing marketing and selling a wide variety of home appliances, such as ceiling fans, pedestal fans, wall fans, exhaust fans, mixer grinders, smart door locks, and accessories thereof, such as fan remote, fan motor, fan canopy, fan blades, etc. under the trade mark/trade name ATOMBERG since 2012.

Case Briefs High Courts

Insurance Company acts as indemnifier and has no contractual/other relationship with transferee of offending vehicle: Delhi High Court

“The registered owner cannot absolve himself of the liability by contending that he has transferred the offending vehicle to a third person prior to the date of the accident.”

Case Briefs High Courts

Delhi HC directs State to pay revised minimum wages to Tihar Jail prisoner as per order dated 20-04-2023 passed by Office of Commissioner (Labour), Govt. of Delhi

“There is no justification as to why revised minimum wages have been implemented from 14-11-2023 and not from the date when the minimum wages have been increased and implemented in Delhi.”

protection from arrest to SHUATS VC Rajendra Bihari Lal

Case Briefs Supreme Court

Supreme Court grants interim protection from arrest to SHUATS VC in alleged forceful conversion to Christianity case; Stays Allahabad HC order

The girl was an aluminious of Allahabad University in 2005 and during her student days, it was alleged that she was brain washed by the higher priest of the Yeshua Tabernacle Church and was persuaded to adopt Christianity by offering her a job.

Case Briefs High Courts

Maternity Leave by a bank employee, whether during probation or otherwise, does not result in break in service; J&K and Ladakh HC clarifies

The High Court was of the view that the respondent Bank’s decision to treat maternity leave as break in service is arbitrary and violates Arts. 14 and 16.

Case Briefs Supreme Court

Supreme Court stays defamation proceedings against IPS D Roopa filed by IAS Rohini Sindhuri

Supreme Court directed IPS Officer D Roopa and IAS Officer Rohini Sindhuri, to not give any interview or any information to the media, social and print, in any form.

Case Briefs Supreme Court

Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry

Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.