Case Briefs Archives | Page 75 of 909

Delhi High Court rejects plea by expelled JDU member against internal election of Nitish Kumar as party president

‘The functions performed by the Election Commission of India under Section 29A of the Representation of the People Act, 1951 are essentially quasi-judicial in nature, and any order issued thereunder constitutes a quasi-judicial order.’

Case Briefs High Courts

Donations, gifts made to NGO ‘Operation Asha’ are property entrusted to it; thus, acquires character of a ‘constructive trust’: Delhi High Court upholds

Donations, gifts etc., which were being received by the appellant, and being vested in the committee, from various institutions will be endowments for public purpose.

Case Briefs Supreme Court

Swati Maliwal Assault Case| Supreme Court grants bail to Arvind Kejriwal’s PA Bibhav Kumar

Bibhav was accused of slapping and abusing Rajya Sabha MP Swati Maliwal.

Case Briefs High Courts

‘Did not contemplate any urgent interim relief’; HP HC rejected plaint filed without resorting to Pre-Institution Mediation as per S. 12-A of Commercial Courts Act, 2015

Filing of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1098 was just an act to wriggle out of and get over Section 12-A of the Commercial Courts Act, 2015

Case Briefs Supreme Court

[Delhi Excise Liquor Policy Case] Supreme Court grants bail to AAP’s Vijay Nair

A conspiracy was hatched by Vijay Nair along with others to get the undue benefits by circumventing the provisions of the of the excise policy of GNCTD of Delhi for the year 2021-22.

Case Briefs High Courts

Magistrate can grant interim Residence Order before Trial if plea Prima Facie discloses Domestic Violence: J&K High Court

“Residence order is an urgent relief to protect a woman from her taking shelter on road. Therefore, passing of an interim order of the nature as defined under Section 19 of the Act is well within the jurisdiction of a Magistrate.”

Case Briefs High Courts

‘Appellate Court must respect Trial Court’s findings unless there is clear error/failure of justice’: Bombay HC upholds Single Judge’s order appointing Court Receiver in partnership dispute

The Single Judge in order dated 16-07-2024 held that there are enough documents proving that appellant had started construction on Virar property even though there is a status quo order, and thus, to safeguard and preserve the property, a Court Receiver needs to be appointed.

Case Briefs High Courts

‘Unwarranted Suspension burdens Public Funds and wastes Government resources’; Rajasthan High Court quashes Range Forest Officer’s suspension order

“The suspension though is not a punishment but is required to be effected with due caution and vigilance and a civil servant could not be placed under suspension without due application of mind and without examining the need to do so.”

Case Briefs High Courts

Wife declining to cohabit with husband by forcing him to live in separate room, amounts to both physical and mental cruelty: Allahabad High Court

“There was sufficient evidence to prove the ground of cruelty pleaded by the husband for grant of a decree of divorce”

Case Briefs Supreme Court

Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court

Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.

Case Briefs High Courts

Read why Gujarat HC dismissed Asaram Bapu’s plea for suspension of life sentence in rape case

Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.

Case Briefs High Courts

‘No Priority orders without Case Statistics’; Rajasthan High Court cautions against interference with trial court’s cause list and priorities

“Order of priority hearing, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or great antiquity and urgency are left to be decided in the normal channel.”

Case Briefs High Courts

Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi

‘Reputation is an essential attribute of personality, and the violation of this right is actionable both as a tort as well as a crime.’

Case Briefs High Courts

‘Child who does not get mother’s love may be unaffectionate and uncaring in his life’; Punjab and Haryana HC directs father to hand over minor son’s custody to mother

Since there was no order passed by any court for handing over the custody of the child to the father, so custody of the minor child at this tender age by the father cannot be considered as legal.

Case Briefs High Courts

Rajasthan High Court dismisses plea challenging NTA’s 5 marks deduction in NEET-UG 2024

“OMR answer sheets are electronically evaluated for the purpose of ensuring minimum human intervention, so as to ensure secrecy and credibility of the entire examination process.”

Case Briefs Supreme Court

SC seeks explanation from Notary & Registry over alleged attestation of fake signatures and inclusion of names of non-appeared advocates

The case of fake signatures came before the Court, when the petitioner approached the Court in person, stating that he did not know either of the Advocates who were appearing on his behalf and that he came to know of the SLP filed in his name, when the Police Station served notice upon him.

Case Briefs High Courts

Allahabad High Court asks Trial Courts to not issue certified copies of statements under S. 164 CrPC to any person till cognizance is taken

Allahabad High Court directed the Investigating Officers not to supply a copy of the statements recorded under Section 164 CrPC to any person during investigation.

Case Briefs High Courts

Absence of payment of freight charges, acknowledgement of taking delivery of goods, toll receipts fails to establish physical movement of goods; Allahabad HC upholds proceedings under S.74 of UPGST

“In the event of wrong availment of input tax credit, the proceedings can be initiated against the registered person or registered dealer but at the same time, restrictions has been imposed upon the authorities that without putting notice to the dealer, no adjudication proceeding can be initiated.”

Case Briefs High Courts

Amazon, Flipkart & Snapdeal directed to stop selling counterfeit copies of EBC’s books; Delhi HC restrains parties from printing & selling counterfeit copies of EBC books

The Court directed the Commissioners to conduct a search at the book houses and seize the infringing products bearing EBC’s registered trade marks or containing contents identical or deceptively similar to EBC’s books, books without hologram, packaging, labels, printing material and other material that reflect infringement of copyright and trade mark.

Case Briefs High Courts

Appeal against Sessions Court order rejecting anticipatory bail in scheduled offences under NIA Act is maintainable before Division Bench of High Court: Jharkhand HC

The intention of the legislature is derived by considering the meaning of the words used in the statute, with a view to understand the purpose or object of the enactment, the mischief, and its corresponding remedy that the enactment is designed to actualise.