Case Briefs Archives

Are AYUSH Doctors eligible to perform ultrasonogram techniques on pregnant women without qualifications under PC-PNDT Act? Madras High Court answers

Madras High Court held that the AYUSH Doctors, if at all qualified under the provisions of the PC & PNDT Act 1994 and Rules framed thereunder, are entitled to be construed as qualified Doctors within the meaning of the Central Act for carrying out various diagnostic procedures and ultra sonogram/ultrasound techniques on pregnant women.

Case Briefs High Courts

“Right to choose sex or gender identity integral to a human’s personality”: Rajasthan High Court while directing for recognition of male after gender reassignment surgery

Rajasthan High Court referred to the three types of genders as per Rigveda in Hindu mythology, consideration of the third gender in the modern society, and said that these people are struggling to be a part of the civil society.

Case Briefs High Courts

Not demonetisation but withdrawal of Rs. 2000 denomination banknotes from circulation; Delhi High Court dismisses PIL seeking RBI notification arbitrary

Delhi High Court noted that the present decision of the Government to dispense with Rs. 2000 denomination banknotes is not a decision towards demonetisation.

Case Briefs High Courts

[Blinkit v. Blinkhit Trademark Infringement] | Karnataka HC sets aside temporary restraining injunction against Blinkit

The Court noted that the Trial Court made an error in allowing Blinkhit’s application for temporary injunction, without properly appreciating the available materials on record vis-à-vis the trademark’s usage and nature of the business carried out by the parties.

Case Briefs High Courts

“Let them sing, let them dance, let them play”: Kerala High Court while refusing to interdict DGE order against vacation classes

The Kerala High Court pointed at Rule 1 Chapter VII of Kerala Education Rules, which provides for all the schools to remain closed during summer vacations unless otherwise notified by the DGE.

Case Briefs District Court

“Facts and Circumstances of the case raise ‘serious suspicion’ about commission of offence”; Rohini Court takes cognizance of murder case

The Court observed that the suspect took two different stands distinct from each other, when he initially denied any conversation with the deceased after evening on the day he went missing, and then he disclosed the event of deceased slipping into the canal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once a document admitted as evidence cannot be objected at a later stage: NCLAT

NCLAT held that once a document is relied upon as evidence and not objected to, it cannot be rejected or ignored.

Case Briefs High Courts

Read why Karnataka High Court denied bail to a Government Teacher accused under provisions of POCSO Act?

The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.

Case Briefs High Courts

Delhi High Court sentences two PWD officials for contempt of court for breaching and wilfully disobeying directions on tree protection

Two PWD officials were sentenced under Section 12 of the Contempt of Courts Act, 1971, to undergo simple imprisonment for four months and two months respectively, along with fine of Rs. 2000 each as they wilfully disobeyed the directions and orders passed by the Delhi High Court and of the NGT, in relation to protection of trees.

Case Briefs High Courts

Orissa HC refuses anticipatory bail to man alleged of outraging religious feelings of Muslims by raising provocative slogans on Hanuman Jayanti

Provocative slogans were raised giving rise to communal disharmony leading to arson and bloodshed during the procession on the occasion of Hanuman Jayanti.

Case Briefs High Courts

[Shared Household] Right of a daughter-in-law not an indefeasible right so as to exclude the in-laws: Delhi High Court

Delhi High Court opined that the parties shall ensure that they maintain peace and order and do not engage in any acrimony and shall have duplicate keys of the rooms.

Case Briefs High Courts

Meghalaya HC directs State to completely prohibit display of animal carcasses in meat shops

The Court said that apart from the hideous sight, there is also an element of hygiene involved since the meat displayed is open to the grime and dust of the street.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Zee-Sony merger] NCLAT sets aside NCLT order directing stock exchange to reconsider approval

NCLAT set aside the NCLT’s order and remitted back the matter to NCLT to examine the same after hearing both the parties.

Case Briefs High Courts

Banks, Financial Institutions using recovery agents to forcibly seize vehicles over non-payment of loan is illegal: Patna High Court

The right to recovery of the Banks and Financial Institutions if pitted against the constitutional right of life of a person to live with dignity and not to be deprived of without following the established procedure of law, the constitutional rights of the person shall prevail.

Case Briefs High Courts

Gauhati High Court directs Department of School Education to take appropriate actions against schools violating Right to Education Act, 2009

The High Court was hearing a bunch of petitions highlighting the violation of Right of Children to Free and Compulsory Education Act, 2009 by certain schools.

Case Briefs High Courts

Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC

The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.

Case Briefs Supreme Court

[Mumbai E-Bus Tender] SC rejects TATA Motor’s plea; allows BEST to accept EVEY Trans Tender

“The Courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give ‘fair play in the joints’ to the government and public sector undertakings in matters of contract”.

Case Briefs High Courts

Denying sexual intercourse to spouse, without sufficient reason amounts to mental cruelty: Allahabad High Court grants divorce

Allahabad High Court said that the Court below has adopted a hyper technical approach and passed the dismissal of the husband’s divorce petition

Case Briefs Supreme Court

Supreme Court | Interim bail to AAP leader Satyendar Jain for 6 weeks on medical grounds

As per reports, Jain was admitted to ICU on Thursday after collapsing in the prison due to dizziness.

Case Briefs High Courts

[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.