Case Briefs

suit under S. 92 CPC
Case BriefsSupreme Court

Allowing former President of Operation ASHA to commence suit under Section 92 CPC, the Court clarified that reliefs insofar as the removal of the Respondent 1 from the post of President and board member, along with the grievances which the Respondents 1 and 2 respectively may have with the other board members, would have to be agitated in a separate suit.

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2002 post Godhra riots case
Case BriefsHigh Courts

The present case is of year 2005, the judgment was delivered on 29-5-2006 and now it has been more than 19 years which has passed. Therefore, it will not be in the interest of the accused to remit or remand the matter to the Trial Court from the stage of recording the supplementary statement of the accused concerned under Section 313 of Criminal Procedure Code, 1973.

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CIAL is public authority
Case BriefsHigh Courts

The Court concluded that all three limbs of Section 2(h)(d)(i) of the RTI Act — ownership, control, and substantial financing, stood satisfied in the case of CIAL. Hence, CIAL was held to be a “public authority” within the meaning of the Right to Information Act, 2005, and was amenable to the obligations of information disclosure under the provisions and rigours of the Act.

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unverified school certificate not proof of age
Case BriefsHigh Courts

“To convict the accused under Section 363 IPC, two things are to be established beyond reasonable doubt, one that she was below the age of 18 years and other would be that she was taken away from her lawful guardianship without consent of the guardians.”

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LPS terms under PPA remain binding on parties dehors subsequent tariff regulations: APTEL
Case BriefsTribunals/Commissions/Regulatory Bodies

“Any regulations issued by an Electricity Commission in exercise of its delegated legislative power, are applicable to the PPA executed after the date when those regulations come into force and cannot be applied to the PPAs already executed prior to that date, unless the regulations expressly specify so.”

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independence and impartiality of arbitrator
Case BriefsHigh Courts

“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”

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Travel Blue-miniso design piracy case
Case BriefsHigh Courts

The early entry of the Travel Blue’s registered design in the market which is now sought to be diluted by the Miniso’s infringed product is prima facie likely to cause injury to the Travel Blue Products’ business, reputation and goodwill.

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Section 111 BNS
Case BriefsHigh Courts

The bail was opposed on the ground that the petitioners were involved in a grave financial offence and the investigation was still in progress to unearth the magnitude of fraud and granting bail to them would hamper the investigation as some of the associates were still at large.

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Accepting Bar’s strike resolution may be judicial misconduct
Case BriefsHigh Courts

“Accepting a strike resolution may amount to misconduct on the Presiding Officer’s part inviting recommendation for disciplinary action against the concerned officer, who adjourns the case in deference to a resolution of the Bar asking members to abstain from their professional duties in Court.”

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Mere issuance of summons
Case BriefsHigh Courts

“In a complaint case involving accusation of a non-bailable offence, anticipatory bail is not maintainable upon the issuance of a summons, as there is no apprehension of arrest by the police without warrant.”

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POCSO cyberbullying case
Case BriefsHigh Courts

“What is deeply concerning is the use of technology to commit cyberbullying — an act that, while faceless and silent, can be as mentally traumatic and scarring as physical violence, especially when directed towards children.”

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ecological imbalance
Case BriefsSupreme Court

Himachal Pradesh is witnessing rising average temperatures, shifting snowfall patterns, and an increase in frequency, intensity of extreme weather events, and major causes of destruction are Hydro Power Projects, four lane roads, deforestation, multi-storey buildings, etc. Thus, ecological diversity and growing human demands necessitate immediate sustainable planning and conservation measures.

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not lowering National Flag after sunset
Case BriefsHigh Courts

“To attract the offence under Section 2 of the Prevention of Insults to National Honour Act, 1971, a person should burn, mutilate, deface, defile, disfigure, destroy, trample upon or otherwise show disrespect to or bring into contempt, the Indian National Flag or the Constitution of India or any part thereof, in any public place or in any other place within public view.”

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juvenile's trial as adult
Case BriefsHigh Courts

“The Board shall conduct the preliminary assessment regarding the mental and physical capacity of the child to commit the crime, his ability to understand the consequences of the offence and the circumstances in which the crime was allegedly committed.”

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detention on presumption of heroin in blood
Case BriefsHigh Courts

“In the present case, Additional Advocate General contended that the police had taken the blood samples of the petitioner and the co-accused and had sent them to FSL for analysis, the result of which was still awaited.”

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saffron flag on Mosque
Case BriefsHigh Courts

The accused had hoisted a saffron flag on a Mosque, replacing the National Flag already in place with an intent to hurt religious feelings of the members of Muslim community.

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Traffic Inspector's video mocking Lawyers
Case BriefsDistrict Court

“If anyone, while in Government service, wishes to spread awareness for a social cause, proper channel and protocol must be followed. No individual official can portray himself larger than the department in an unprofessional or amateurish manner in the name of spreading awareness.”

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Armed forces cannot retain indisciplined member
Case BriefsHigh Courts

The petitioner went on a week’s leave and did not join duty after completion of the same. It was noticed that he remained absent on 42 occasions during his short service of 12 years. Consequently, he got suspended.

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electrocution death
Case BriefsHigh Courts

“The Distribution company had the statutory responsibility of distribution and supply of electricity in the locality, the Court is of the considered view that by application of the principle of strict liability, the Distribution Company are strictly liable for the death of deceased and are liable to pay compensation to the deceased’s family.”

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anticipatory bail in NDPS case
Case BriefsHigh Courts

“In case the administration within the State of Punjab fails to provide a safe environment to its citizens, the Court can suo motu step in and direct the State to take effective measures to create a congenial environment”

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