Illegal Tree Felling Case
Case BriefsHigh Courts

The Court noted that the State’s report did not mention the complete afforestation area and the number of trees that could be accommodated there. Further, a part of that area was adjacent to a city forest, i.e., trees already existed there.

Continue reading
CEDON Trade Mark
Case BriefsHigh Courts

“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”

Continue reading
Audit of govt lawyer fees
Case BriefsHigh Courts

“The submission made before the Court as regards the financial wherewithal of the petitioner was factually correct, therefore, the Court did not want to doubt the statement of a counsel that he was unable to even engage a clerk for obtaining certified copies for the 818 cases.”

Continue reading
substitution of ODR-appointed arbitrator
Case BriefsHigh Courts

“One cannot possibly conclude there was no consensus simply because the terms and conditions of the agreement between the parties entailed conciliation and arbitration by a named and pre-agreed Online Dispute Resolution Agency portal.”

Continue reading
HOM trade mark dispute
Case BriefsHigh Courts

“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”

Continue reading
HIV positive person a person of disability
Case BriefsHigh Courts

“An HIV positive employee would unquestionably be suffering long term physical impairment, which would hinder his full and effective participation in society.”

Continue reading
stamp duty refund on unexecuted agreement
Case BriefsHigh Courts

“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”

Continue reading
legal aid Indian Citizens working abroad
Case BriefsHigh Courts

“Overseas employment is a reality… When the Government is receiving benefit from the migrant workers, it has a correlative and corresponding duty to rush to their rescue when issues arise out of such overseas employment.”

Continue reading
fresh remedy under Art 226 after availing statutory remedy
Case BriefsHigh Courts

“When on the same facts, a person has the right to claim one of two reliefs and with full knowledge he elects to claim one and obtains it, it is not open to him thereafter to flunk out on his election and claim the alternative relief.”

Continue reading
Court of Inquiry merely a fact-finding exercise
Case BriefsHigh Courts

“The findings returned by the Court of Inquiry shall be in the nature of a preliminary report which shall facilitate the BSF authorities to decide as to whether the disciplinary proceedings against the delinquent are required to be initiated or not.”

Continue reading
Appellate Deposit
Case BriefsSupreme Court

Section 148 NI Act was introduced to remedy the systemic abuse of appellate processes, whereby convicted drawers routinely secured suspension of sentence and delayed payment of compensation for years, thereby frustrating the object of Section 138 of NI Act.

Continue reading
Inter-Operable Criminal Justice System
Case BriefsHigh Courts

“ICJS has been established to make justice delivery system more effective by integrating main pillars of criminal justice, i.e., the police (CCTNS), courts (e-courts), jails (e-prisons), forensic lab (e-forensic) and prosecution (e-prosecution).”

Continue reading
insolvency application against Sparklet Engineers
Case BriefsTribunals/Commissions/Regulatory Bodies

Although the respondent acknowledged execution of works, instalments under the Vendor Settlement Agreement remained unpaid. With repeated acknowledgments of inability to pay and only the first tranche settled, default was established under Section 9 of the Insolvency and Bankruptcy Code, 2016.

Continue reading
Right to Dignity
Case BriefsHigh Courts

While the media enjoys freedom of speech and expression, but such right is not absolute and stands correspondingly delimited by the right of an individual to dignity and reputation.

Continue reading
intra-court appeal patent disputes
Case BriefsHigh Courts

“Any expansion of the scope of the Commercial Courts Act would defeat its objectives, and there is no ambiguity regarding appeals from decrees of Commercial Courts and Commercial Divisions under Section 13 of the Commercial Courts Act.”

Continue reading
children testing HIV positive after blood transfusion
Case BriefsTribunals/Commissions/Regulatory Bodies

The NHRC sought detailed reports from Chief Secretaries of all States and Union Territories within four weeks.

Continue reading
Veterinary care in Lakshadweep
Case BriefsHigh Courts

The grievance was that livestock across inhabited islands were left without access to qualified and registered Veterinary Surgeons, resulting in prolonged absence of medical care.

Continue reading
Sar tan se juda
Case BriefsHigh Courts

The slogan was first used in Pakistan and thereafter was spread to India and has been widely misused by certain Muslims just to intimidate people of other religions and to challenge the authority of the State.

Continue reading
Kerala High Court Sabarimala
Case BriefsHigh Courts

The incidents that led to the case has deeply hurt the religious sentiments of scores of Ayyappa devotees and pilgrims.

Continue reading
Law and order no ground for disobedience
Case BriefsHigh Courts

“Law and order cannot be a ground for flouting a court’s order, as that would be inexcusable, amount to a breakdown of law and order, and ultimately lead to paralysis of the constitutional machinery.”

Continue reading