Cheque dishonour
Case BriefsHigh Courts

“On the request of the petitioner, the complainant waited and represented the cheque through its banker, but once again it got dishonoured with the same remark – refer to drawer.”

Constable accident compensation
Case BriefsHigh Courts

“The claimant stated that he incurred heavy medical expenses and suffered disability, resulting in a downgrade from B-1 to C-1 position and a monthly income loss of Rs 7,000, and therefore sought enhancement through a cross-objection.”

FD withdrawal for marriage
Case BriefsHigh Courts

“Rule 8(d) of the Scheme specifically provides for premature encashment. However, the thrust of the rule is the rate of interest payable on the deposit, when it is withdrawn after four years, but before maturity. Such a rule cannot be treated as putting a complete embargo against premature withdrawal. This being said, this Court does not express any opinion as to payment of interest, when premature withdrawal is done”

wives as idle women
Case BriefsHigh Courts

Though her status as an Advocate was not disputed, the Court held that the wife and children were required to be maintained in law, commensurate to the standard of living of the husband/father.

test to invoke summons under S. 319 CrPC
Case BriefsHigh Courts

In the present case, the petitioner was arrayed on suspicion and surmises over an extra-marital affair with the informant’s daughter-in-law, thereby leading to summons under Section 319 of the CrPC.

Muslim Marriage Registrars
Case BriefsHigh Courts

“That being the position, how will they be able to discharge their duty as teachers with absolute commitment in the Government Schools, is a big question.”

kin-relative bail surety condition
Case BriefsHigh Courts

“Bail is the rule, but jail is the exception and an accused should be presumed to be innocent until proven guilty at the trial.”

oral refusal to register sale deed
Case BriefsHigh Courts

“The law is very much clear that, the Sub-Registrar cannot orally refuse to accept any document, when the same is presented for registration.”

PwD candidate
Case BriefsHigh Courts

“The expression “untrained SC, ST and PH Candidates” employed in this Guideline should not be literally interpreted, but it has to be given a constructive and purposeful interpretation. Otherwise, merit will be at casualty and nothing else.”

Tripathy Election Case
Case BriefsSupreme Court

This matter pertains to the degree of ‘substantial compliance’ with the prescribed Form 25 affidavit, as encapsulated in the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 read with Rule 94-A of the Conduct of Elections Rules, 1961.

maths lecturer promotion
Case BriefsHigh Courts

“The laudable object of the policy in question is to boost the morale of teaching staff and to attract meritorious candidates to the noble profession of teaching, since it is the teachers, who play a pivotal role in building nations & civilizations.”

Odisha Prevention of Cow Slaughter Act
Case BriefsHigh Courts

Stating that the 1960 Act cannot become a dead letter, the Court noted that the State law being a Special Act has an overriding effect on the other State laws and imposes a complete prohibition on cow slaughter, irrespective of customs and usage.

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.”

Dargah toilets on Govt. land
Case BriefsHigh Courts

“Unauthorised use of public premises, even if purported to serve a public purpose, cannot be legitimised unless regularised in accordance with law.”

Balasore student self-immolation
Case BriefsHigh Courts

“It is really disturbing that the students, who got admission in a reputed college would be subjected to any sexual harassment and the alacrity is not shown in addressing the grievance in a proper manner”

Scope of Judicial Intervention under Arbitration Act
Case BriefsHigh Courts

“The scope of Section 34 review, though narrow, does permit the court to excise patently illegal portions of an award, even if a granular item-by-item objection was not pleaded, so long as the broad ground was raised and both parties had opportunity to address.”

designation of Senior Advocates by Full Court
Case BriefsSupreme Court

“The conferment of Senior Advocate status is a privilege, not an entitlement, and must be governed strictly by the principles of fairness, accountability, and institutional integrity”.

Maternity benefit contractual employee
Case BriefsHigh Courts

“Physical companionship of mother and the baby was mutually advantageous as it promoted bonding between the two, which was essential for their wellbeing. A lactating mother had a fundamental right to breastfeed her baby during its formative years and, similarly, baby had a fundamental right to be breastfed.”

illegal demolition of community centre
Case BriefsHigh Courts

“The use of demolition as a tool of enforcement, absent procedural compliance and judicial finality, transforms what should be a lawful act into a coercive one.”