Case Briefs Archives | Page 6 of 793

Never thought one day God would be a litigant before us; Delhi High Court imposes costs of Rs. 1 lakh due to abuse of legal process

Delhi High Court stated that to avoid Appellant 1 advancing the contention that the costs had to be shared by Lord Hanuman, it is clarified that the costs would be entirely payable by him.

Case Briefs High Courts

‘Failed to consider difference between Punjab and Punjabi language’: Punjab and Haryana HC set aside syllabus of Paper 1 for Punjabi language in teachers recruitment exam

“Since all the candidates are expected to have passed Punjabi language in the matriculate examination, testing them on the said language in a selection process cannot be said to be changing the rule.”

Case Briefs High Courts

Karnataka HC holds Para 83, Employees Provident Fund Scheme, 1952 and Para 43A, Employees’ Pension Scheme, 1995, unconstitutional

The new provisions which were introduced to cover international workers under the EPF Scheme, was held to be violative of Art. 14 of the Constitution.

Case Briefs High Courts

[NGO Operation Asha] Delhi High Court grants leave for suit alleging underlying corruption in foreign funds meant for Tuberculosis Treatment in India

IFAR as well as the multiple audit reports in relation to the administration and financial affairs of the society, including under the chairmanship of Justice Easwar, clearly disclose that the manner in which the affairs of the society are being run, requires closer consideration and scrutiny.

Case Briefs Supreme Court

Pregnant person’s consent, physical and mental health in decisions of reproductive autonomy and termination of pregnancy is paramount: Supreme Court

“Pregnant persons seeking termination of pregnancy seek predictability for their future. The uncertainty caused by changing opinions of the medical board must therefore balance the distress it would cause to the pregnant person by providing cogent and sound reasons.”

Case Briefs High Courts

Punjab and Haryana High Court stays effect and operation of the circular related to taxability of corporate guarantees

Petitioner contended that such discrimination between petitioner and other assesses who were supplying any other goods/service to related persons, being arbitrary and without any rational nexus, is violative of Article 14 and Article 19(1)(g) of the Constitution.

Case Briefs High Courts

EWS admissions now permissible beyond December 31 in Academic Sessions: Delhi High Court

It can no longer be said that the fixing of cutoff date 31 December as a date beyond which no order of provisional admission can be passed, is a principle which should be regarded as judicially binding, till a hierarchically superior court speaks on it.

Case Briefs High Courts

Non-production of the accused before Trial Court on 70 occasions; Bombay HC grants bail; Flags procedural failure by prosecution

Even though the applicant in the instant case was accused of serious crimes, the Court granted bail stating that an accused must be granted bail if their trial was not effectively progressing and protracted for no fault of theirs.

Case Briefs High Courts

‘Educational certificates are not marketable commodities under Contract Act’ ; Madras HC directs Thanjavur Medical College to return Student’s original certificates

“Educational certificates are not marketable commodities within the meaning of Section 171 of the Contract Act, 1872.”

Case Briefs High Courts

Misconduct of overwriting on gate pass, to save one day’s leave, not enough for dismissal from service: Bombay High Court

The Court observed that the Labour Court’s Award is not happily worded, especially where it holds that in absence of a police complaint, employee’s act of overwriting on gate pass cannot be considered forgery.

Case Briefs High Courts

Victims of Terrorism |No bar in raising a claim for compensation, even after lapse of considerable period under Revised CSACV Scheme: J&K and Ladakh HC

The petitioners to be entitled to compensation under Revised CSACV Guidelines, 2022 for a tragic incident in 2007 wherein their children died due to blast caused by an unexploded shell.

Case Briefs High Courts

Mob lynching of rape accused| ‘People not allowed to take law in their hands’; Rajasthan High Court denies bail

“Mob-lynching practice is not acceptable in civilized society at any cost. We are not living in a barbarian society.”

Case Briefs Foreign Courts

Electoral Court of South Africa upholds the candidature of Jacob Zuma for the upcoming general elections in May 2024

The Court held that a person convicted of an offence and sentenced to more than 12 months’ imprisonment does not immediately become ineligible to be a member of the National Assembly and found Jacob Zuma’s disqualification to be incorrect.

Case Briefs High Courts

Telangana High Court directs Delhi Police not to take any coercive action in alleged doctored video of Union Minister Amit Shah’s case

The High Court found the cause of action to be untenable as the petitioners were already accused in a similar case.

Case Briefs High Courts

Calcutta High Court directs authorities to consider Kolkata Metro timings extension till 11:30pm

A PIL was filed seeking an extension of the timing of the last train operated by the Kolkata Metro based on the comparison with other Metro Rails operating in different cities/states, where the last train typically runs until 11:30 p.m.

Case Briefs High Courts

Party not contacting counsel for 6 years, cannot seek condonation of delay alleging that counsel did not inform about disposal of case: Allahabad HC

Allahabad High Court noted that while the appellants alleged their counsel failed to inform them about the case’s dismissal, there’s no evidence they actively sought updates from the counsel during the six-year period.

Case Briefs High Courts

Lok Sabha Elections 2024 | MP High Court affirms rejection of INC’s substitute candidate’s plea to contest from Indore as ‘approved candidate’

Madhya Pradesh High Court opined that interference during the electoral process should be avoided, and issues regarding nomination rejection should be raised through an election petition rather than a writ petition.

Case Briefs High Courts

Calcutta High Court reduces cost imposed on office bearers of Gurudwara Chhota Sikh Sangat for passing excommunication order

Excommunication is a serious disease which was deep rooted in ancient India and it is still more surprising that it has surfaced in the particular community to which the appellants belong.

Case Briefs High Courts

Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC

“The School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 during pendency of the appeal, which was related to the termination of services of the school peon, the Regional Director ceased to have jurisdiction and it was the State Education Tribunal, which was the competent forum to adjudicate.”

Case Briefs High Courts

“Matter of concern” that Delhi HC Legal Services Committee did not assist litigant despite several requests; Delhi HC demands affidavit for explanation

Delhi High Court instructs that if any aid is sought by any litigant eligible for legal aid, then the Legal Service Authorities shall take prompt action.