maintenance denied to wife
Case BriefsHigh Courts

The Court held that there was no error in the jurisdiction or reasoning in the impugned order because as per admitted income of the wife, her monthly income would be Rs 1.66 lakhs, and even if it had been reduced, it would still be 1.25 lakhs.

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Pending case involving trivial allegations cannot bar public employment
Case BriefsHigh Courts

“The allegations, on the face of record, appear to be trivial in nature and arise out of a domestic dispute, having no bearing on the discharge of duties attached to the post in question.”

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Ansal Hi-Tech Consumer Case
Case BriefsTribunals/Commissions/Regulatory Bodies

“The corporate structure of Parent and Subsidiary company being two different legal entitles is being misused to avoid satisfaction of decrees in the present cases. Hence, we hold that DH(s) in the present cases have been successful in making a case for lifting the corporate veil between the JD Company ( AHTTL) and Parent Company ( APIL) in the present cases.”

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time barred Section 143(2) notice
Case BriefsTribunals/Commissions/Regulatory Bodies

“A notice issued under Section 143(2) beyond the prescribed limitation period and without jurisdiction strikes at the root of the assessment, rendering the entire proceedings void ab initio.”

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Police Protection to Live-in couple despite marital status
Case BriefsHigh Courts

‘Since the petitioners are both Indian national citizens, they are well and truly entitled to the protection as available to them in the form of the guarantees and fundamental right(s), enshrined under Article(s) 19 and 21 of the Constitution.’

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Presidential Order prevails over State Service Rules
Case BriefsHigh Courts

“When the executive authority, entrusted with the implementation of the Service Rules, concedes their incompatibility with the governing constitutional instrument, the Court cannot sustain their validity.”

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Civil Court jurisdiction barred under section 430
Case BriefsHigh Courts

“A mere communication addressed by any person directing another person to do an act cannot by itself operate as an injunction.”

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transgender person apply for teaching post
Case BriefsSupreme Court

The petitioner was permitted to apply under the category of transgender, ignoring the gender mentioned qua the said vacancy.

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Maternity Benefit Act Applies to Guest Faculty
Case BriefsHigh Courts

“The petitioner was granted the benefit of maternity leave without fulfilling the requirement of eighty working days at the ‘Establishment’ in the preceding twelve months by the MP High Court.”

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Judicial interference in transfer of government servant
Case BriefsHigh Courts

“If the courts continue to interfere with day-to-day transfer orders issued by the Government, there will be complete chaos in the administration, which would not be conducive to public interest.”

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Actual possession
Case BriefsHigh Courts

The State Authority has to protect the parties but if actual possession is there they cannot be dispossessed by proceeding under Sections 164/165 BNSS except in accordance with law by the order of Court.

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brief cohabitation cannot confer status of valid marriage
Case BriefsHigh Courts

“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”

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Interim Compensation
Case BriefsHigh Courts

The Court stated that an interim order is ordinarily passed where there is an immediate threat to life and the applicant lacks any means of support except the interim relief sought.

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delay under Section 33-C(1) ID Act
Case BriefsHigh Courts

“It is well settled that, in case of conflict between form and substance, substance must prevail, unless the law expressly mandates strict adherence to the form as well.”

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GDPR on access rights
Case BriefsForeign Courts

Merely alleging fear of losing control over personal data is not enough to justify compensation. If a person claims compensation based on fear that their data may be misused in the future, it must be assessed whether that fear is well founded in specific circumstances of the case.

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illegal ostracism orders by village panchayat
Case BriefsHigh Courts

“The respondents are directed to conduct enquiry independently in this regard and ensure that no injustice is caused to the petitioner by violating her fundamental rights as contemplated under Article 21 of the Constitution.”

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cyber crime a silent virus
Case BriefsHigh Courts

“While adjudicating the bail pleas, particularly in cases concerning cybercrimes and online fraud, necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications.”

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Guardianship and Wards Act applies to Muslims
Case BriefsHigh Courts

“Section 6 of the Act does not bar any class of persons from approaching the Court; rather, it operates in the context of recognising certain categories of guardians. The Act nowhere provides that persons professing Muslim law are precluded from seeking relief under it.”

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Direction for Wetland Protection
Case BriefsTribunals/Commissions/Regulatory Bodies

“It is the prime duty of authorities concerned to ensure conservation and protection of these wetlands from encroachments, illegal dumping of waste and unauthorised discharge of untreated water.”

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Ganja does not Include Leaves and Stalks
Case BriefsHigh Courts

In cases of mixed material, only the actual content of the flowering or fruiting tops is relevant for determining the quantity of ganja, and not the entire bulk weight.

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