"Being done arbitrarily in absence of any definite parameters": Allahabad HC issues guidelines for preliminary assessment under S. 15 Juvenile Justice Act
Case BriefsHigh Courts

“The issue of preliminary assessments is a delicate and difficult task which requires expertise. As of now, it is being done in arbitrary manner in absence of any definite parameters/ guidelines for the same.”

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delay sufficient for filing condonation
Case BriefsHigh Courts

“In criminal jurisprudence, the right of speedy trial is recognised as a fundamental right and just because the accused had participated in the trial at one stage, at other stage he does not lose a right to ask for bail.”

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Karur Stampede
Case BriefsSupreme Court

The Court requested Justice Ajay Rastogi, former Supreme Court Judge, to lead the Supervisory Committee and considering the ramifications of the incident and its gravity, requested him to immediately organize its first meeting after taking over of the charge of the investigation by the CBI.

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MP Cough Syrup Deaths Case
Case BriefsDistrict Court

The Court noted that as per the doctor’s memorandum, he received 10 % commission for prescribing the cough syrup.

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WIPRO well-known trade mark
Case BriefsHigh Courts

“WIPRO has been expanding into various sectors since the 1980s and has obtained various registrations for the ‘WIPRO’ mark in various classes with the earliest registration in the year 1991.”

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regularisation of 13-years daily-wage service
Case BriefsHigh Courts

“The deceased employee had rendered continuous daily waged service for 13 years from 1985 till his regularization, which worked out to be 2 years regular service after giving weightage of 1-year regular service in lieu of 5 years of daily wages service, and had rendered 9 years of regular service, making it a total of 11 years.”

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landlord not required to disclose exact use
Case BriefsHigh Courts

“The Delhi Rent Control Act, 1958 is silent about any requirement of the landlord giving the details/ divulging anything qua the nature/ purpose/ disclosure of the proposed new business by the landlord.”

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man accused of robbing senior citizen
Case BriefsHigh Courts

“It is to be seen that victim is an elderly person, who would have been in a state of shock, such incident does not happen to everybody. It is a rare incident, which gets embedded in the mind and which cannot be forgotten.”

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non-operation of arbitration clause
Case BriefsSupreme Court

“The arbitration agreement must be interpreted in a purposive manner, but not literally so as to enable the parties to pursue the intended dispute redressal mechanism of contract”.

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plea of alibi cannot be considered at charge sheet stage
Case BriefsHigh Courts

“Filing of charge-sheet is not an empty formality and it should contain all the details for not sending accused for trial, to enable the Magistrate to decide whether to accept the report and discharge the bonds or order further investigation or to take cognizance of the offence.”

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Compensation deposit S. 148 NI Act
Case BriefsHigh Courts

“The purpose behind directing to deposit as enumerated under Section 148 of the NI Act in appeal is at least to recover plausible compensation amount to provide some relief so as to save his business.”

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age limit under Surrogacy Act
Case BriefsSupreme Court

Before 25-1-2022, there were no binding laws regarding age restrictions on intending couples wishing to avail surrogacy. Therefore, for couples above the age limits under the Surrogacy (Regulation) Act, 2021, the right to surrogacy was not conditional on their age and was freely available to intending couples.

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relinquishing property rights is not gift
Case BriefsHigh Courts

“The sisters executed the Relinquishment Deeds (‘RD’) to release their share in favour of their brother, and there was no economic consideration exchanged at the time of the execution. All the RDs were basically acknowledging the bequest made by the father in favour of his son.”

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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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