Case Briefs Archives | Page 4 of 782

[Special Law v. General Law] Bombay HC deciphers interplay between IPC and IT Act in punishing for overlapping offences

“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”

guidelines for trial of deaf and mute persons

Case Briefs Supreme Court

SC to consider framing guidelines and parameters for trial of deaf and mute persons

The Supreme Court noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence, were not laid down by the Court.

Case Briefs High Courts

Madras HC asks for number of cases registered in elections for distribution of money to voters

“Democracy is the basic principle in our constitution. Our country is the largest democratic country in the world. The sculptural inscriptions would show that democracy prevailed in our country even during the ancient times.”

Case Briefs High Courts

‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country

“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”

Case Briefs High Courts

Delhi High Court| Central Delhi Court Bar Association recognized as official Bar Association for the Rouse Avenue District Court Complex

The Central Delhi Court Bar Association is recognized as the official Bar Association for the Rouse Avenue District Court Complex overriding the authority of the Bar Council of Delhi to establish such associations under the Bar Association Rules of 2019.

Case Briefs High Courts

J&K and Ladakh HC directs the authorities to grant NOC to Bilquis Mir to participate in Asian Canoe Sprint Olympic Qualifier in Japan as Chief Finish Line Judge

The Court noted that not allowing the petitioner to attend the sporting event may cause her to lose out on further opportunities which in turn may have a deterrent effect with regard to such position being provided to the athletes in India.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC sets aside SCDRC’s Rs 1 Lakh compensation order against Honda Cars due to lack of expert opinion on non-deployment of the airbags

NCDRC pointed out that the State Commission’s finding that non-deployment of the airbags when the respondent’s car crashed, warranted punitive damages, was not based on any finding of fact or legal precedent.

Case Briefs High Courts

Convicts under MCOCA can’t be excluded from availing the benefits of 2006 State Remission Policy: Bombay HC

The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.

Case Briefs Supreme Court

Candidature rejected for late submission of OBC certificate| SC grants ad interim relief, allows participation in selection process of Navik in Indian Coast Guard

The candidate had secured 88 marks, which was more than the cut-off of 84 marks in the ‘general category’ and 82 marks in the ‘OBC category’.

Case Briefs High Courts

Handling of Cargo in Customs Areas Regulations, 2009 is ultra vires the Customs Act, 1962: Telangana High Court

The High Court observed that the levy of cost recovery charges, i.e., salaries payable to customs staff deployed at the Airport, is an administrative charge and is a tax and hence, it cannot be exacted from GMR Hyderabad International Airport Ltd. without any statutory provision.

Case Briefs High Courts

‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child

“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”

Case Briefs High Courts

Courts will do well in not ordering concurrent running of sentences for serial offenders accused of heinous crimes: Punjab and Haryana High Court

“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”

Case Briefs High Courts

Madhya Pradesh High Court affirms decision to close ‘Scrap Sleepers Lifting’ contract and forfeiture of deposited money

Madhya Pradesh High Court rejected the petitioner’s argument for voiding the contract under Section 56 of the Contract Act, 1872, and found the failure to lift scrap was attributable to the petitioner.

Case Briefs High Courts

‘Take steps to inculcate discipline in Advocates’; Telangana HC directs State Bar Council after advocate uses high-pitched, intimidating voice

The counsels who adopt such practices, jeopardize the harmony with the Bench along with their professional careers, by ignoring the fact that they are not only required to conduct the case in a fair manner, but while doing so they are also officers of the Court.

Case Briefs Supreme Court

Supreme Court issues show cause notice to two NCDRC members for issuing non-bailable warrants despite SC’s interim protection

By the interim order, the Supreme Court had restrained the NCDRC from taking any coercive steps against Ireo Grace Realtech

Case Briefs High Courts

‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor

The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.

Case Briefs High Courts

Telangana HC directs fresh exam, both in English and Telegu languages to recruit teachers for Residential Educational Institutions Societies

The Notification No. 6/2023 dated 5-4-2023, issued by Telangana Residential Educational Institutions Recruitment Board, inviting applications for the post of Art Teacher categorically mentioned at Para (1)(v) that the question paper is bilingual i.e., English and Telugu.

Case Briefs High Courts

Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order

‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’

Case Briefs High Courts

Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity

Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.

Lexis Nexis Labour Court of South Africa

Case Briefs Foreign Courts

Criminal history is not relevant to the inherent requirement of a job: Labour Court of South Africa

The Court held that Lexis Nexis’ decision to deny the applicant the job of Senior Data Discovery and Enrichment Expert I, on the sole basis of his criminal history, constituted unfair discrimination.