crime committed in 1981 by 12-year-old
Case BriefsSupreme Court

The Sessions Court having noted that the convict was 16 years old at the time of trial, held that he was entitled to the benefit of the Children Act, 1960 and thus he was directed to be kept in a children’s home in accordance with the provisions of the 1960 Act to give him a chance to reform himself.

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bail to Ajaz Khan over remarks on Harsh Beniwal's family
Case BriefsHigh Courts

The audience may be influenced by the material posted by social medial influencers and thus even if the content is deleted after being posted, it would reach a large set of audience, leading to republishing of the same and sparking a debate, which eventually affects the victim.

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Courts can decide arbitrability
Case BriefsHigh Courts

“It was not disputed that the plaintiff’s prayer in the suit for recovery of the amount would be arbitrable. However, the plaintiff also sought redemption of mortgages executed in its favour and this was where the plaintiff claimed that the said claim was not arbitrable.”

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blanket injunction in trade secret
Case BriefsHigh Courts

“The impugned order is thus not only vague but draconian and contrary to a party’s constitutional and legal right to carry on any trade or business.”

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YouTuber restrained
Case BriefsHigh Courts

“The test reports and regulatory clearances from FSSAI and BIS prima facie establish compliance with standards for safety and quality of the Indospirit Beverages’ Product ‘BROCODE’.”

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Railway Accident Claims
Case BriefsSupreme Court

The Court reaffirmed that proceedings under Section 124-A of the Railways Act are not criminal trials demanding proof beyond reasonable doubt, but welfare statues are governed by the principles of preponderance and probabilities.

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pre-arrest bail in digital fraud case
Case BriefsHigh Courts

“There were serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims.”

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Constable accident compensation
Case BriefsHigh Courts

“The claimant stated that he incurred heavy medical expenses and suffered disability, resulting in a downgrade from B-1 to C-1 position and a monthly income loss of Rs 7,000, and therefore sought enhancement through a cross-objection.”

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transferring tenancy rights not liable to service tax
Case BriefsTribunals/Commissions/Regulatory Bodies

“Consideration out of surrender of tenancy right on account of immovable property cannot be considered as service as per definition under Section 65-B(44) of the Finance Act, 1994 and no service tax is payable.”

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subsisting first marriage maintenance claim
Case BriefsHigh Courts

“However, even presuming that for the sake of discussion the marriage between the husband and wife is void, still the wife is entitled to claim maintenance under Section 125 of the CrPC.”

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JIO trade mark infringement
Case BriefsHigh Courts

The defendants were engaged in providing taxi services across Dehradun and Delhi and were marketing themselves as an inter-state national level service, using the name ‘JIO’.

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Anil Ambani RCOM
Case BriefsHigh Courts

“Personal hearing cannot be demanded as a matter of right, unless specifically mandated by statute or rules. The principles of natural justice cannot be applied in a straitjacket formula; their application depends on the facts and circumstances of each case”

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father's murder conviction
Case BriefsHigh Courts

“We are of the view that in ordinary circumstances, no parent would cause fatal injury to their children, howsoever frustrated or dejected he or she may be.”

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ill-treating stepchildren is cruelty
Case BriefsHigh Courts

“If the wife ill-treated the children, it would certainly cause an apprehension in the husband’s mind that it would be harmful or injurious for him to live with her where the expression ‘harmful or injurious’ was not confined to physical acts alone, but extended to mental torture as well.”

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Unclaimed Notice Not Valid Service
Case BriefsHigh Courts

“A refusal for the purpose of service of notice should be taken to be a sufficient service, if such refusal is by the addressee or by the noticee himself/herself.”

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mechanical approach in process patent registration order
Case BriefsHigh Courts

An invention must show an inventive step over prior art. However, the Patents Act, 1970 lacks clear guidelines to assess this, leading Examiners to decide applications and oppositions in a rule of thumb manner, purely based on their subjective opinions. This is, clearly, a thoroughly legally unsatisfactory position.

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Bail to 25-year-old murder accused
Case BriefsHigh Courts

“The victim tried hanging herself due to the trauma caused because of the accused’s attempt to commit penetrative sexual assault. He brought her down, but when she started shouting, he smothered her which led to her brain death.”

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husband who shirked responsibility of wife & children
Case BriefsHigh Courts

“The wife was facing the challenges against all odds, but the father, who should take on more challenges or at least support the wife, was shirking the liability for one reason or another.”

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District Judge appointment
Case BriefsSupreme Court (Constitution/Larger Benches)

The Court further held that a person who has been or who is in judicial service and has a combined experience of 7 years or more as an Advocate or a Judicial Officer, would be eligible for being considered and appointed as a District Judge/Additional District Judge.

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Sex education must be from younger age in schools
Case BriefsSupreme Court

In the present case, the Court directed to file an affidavit informing as to how sex education was provided as a part of the curriculum in higher secondary schools within the State of Uttar Pradesh. Thus, an affidavit was filed by the Circle Officer, District Sambhal, Uttar Pradesh, detailing the curriculum for classes IX to XII.

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