Case Briefs Archives | Page 10 of 914

Contempt of Court | SC delivers split verdict on acceptance of unconditional apology by errant Advocates; Matter to be placed before CJI

While Justice Bela M. Trivedi took a stern note of the actions of the errant advocates, Justice Satish Chandra Sharma accepted the unconditional apology.

Case Briefs High Courts

Allahabad High Court grants bail to a man accused of manufacturing synthetic milk and paneer from harmful chemicals for over two decades

The main accused, Ajay Agrawal, a businessman from Bulandshahr, Uttar Pradesh, and owner of Agarwal Traders, also has been arrested for adulterating dairy products.

Case Briefs High Courts

‘Private colleges must desist from giving irregular admissions’; Rajasthan High Court regularises NEET-qualified students’ irregular admission with fine

“Regularisation of admission, subject to payment of Rs.1 lac fine from each student for the lack of diligence, would meet the ends of justice and may operate as a scarecrow for the future students to remain cautious and careful, while getting admissions.”

Case Briefs High Courts

Any marriage solemnized in Arya Samaj Mandir as per Vedic procedure is valid marriage under Hindu Marriage Act: Allahabad HC

“In Arya Samaj Mandir, marriage is conducted as per the vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi and chanting of Mantras while applying vermilion.”

Case Briefs High Courts

Bombay High Court directs State Advisory Board to consider grievances of differently abled persons for accessibility at bus stops/terminals

Under Section 66 of the Rights of Persons with Disabilities Act, 2016, the State Advisory Board on Disability for differently abled persons has been constituted.

Case Briefs Supreme Court

Supreme Court upholds consumers’ right to peaceful protest; Quashes defamation complaint filed by developer against homebuyers

“Homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance”

Case Briefs High Courts

Only legally recognised heirs, preferably through a succession certificate, can stake a claim to deceased’s employment dues: MP High Court

“The nominee is nothing but a trustee who holds money on behalf of all the legal representatives.”

Case Briefs High Courts

Heinous acts of abduction, armed threat, assault, coerced self-incrimination is detrimental to public order & beyond scope of private dispute: MP High Court

The Court reiterated that heinous offences and crimes against society cannot be quashed merely on the basis of compromise.

Case Briefs High Courts

Delhi High Court stays BCI’s ban on advocate’s legal practice pending challenge to professional misconduct order

The grievance in the petition was that the Bar Council of India (BCI) had prohibited the petitioner from practicing law without following the required disciplinary procedure under the Advocates Act, 1961. The petitioner argued that the BCI’s order was issued without conducting a proper inquiry or providing an opportunity to present evidence, thereby violating principles of natural justice.

Case Briefs High Courts

‘Classic case of honey trap’; Bombay HC grants bail to former Navy apprentice accused of sharing sensitive information

Honey trap typically involves an individual, often an intelligence agent, who assumes a false identity and cultivates a relationship with the target. Such a relationship is built on the foundation of trust and intimacy exploiting the target’s vulnerability and desires.

Case Briefs High Courts

Delhi High Court restrained DPS Dwarka from confining or discriminating against students over fee disputes

Any issue regarding non-payment/ deficit payment of fees cannot possibly serve as a justification for indulging in harassment of the students and/ or subject them to discrimination/ indignity within the school premises, as a device or means to recover any outstanding fees.

Case Briefs Foreign Courts

‘Man’, ‘woman’ and ‘sex’ defined under Equality Act, 2010 refers to biological sex and not certified sex: UK Supreme Court

The Court said that the interpretation of the EA 2010, does not cause disadvantage to trans people, with or without a Gender Recognition Certificate (GRC).

Case Briefs High Courts

‘Part of right to life under Art. 21’; P&H HC quashes notification clause providing cut-off date for grant of electricity connection in unauthorized colony

The cut-off date is meaningless and/or is redundant, it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws.

Case Briefs High Courts

Delhi High Court grants permanent injunction and ₹5 lakh damages to Harley-Davidson in trademark suit against Red Rose Industries

In the third week of July 2023, the plaintiff, through its representative/ salesperson, came to know about the defendant’s use of a mark identical to the plaintiff’s device/logo on their shoes.

Case Briefs High Courts

Delhi High Court upholds cancellation of Junior Court attendant candidature over criminal allegations despite acquittal

The Court observed that for the highest Court in the land to take a strict view regarding criminal antecedents of those who serve in its establishment can hardly be regarded as inappropriate or arbitrary.

Case Briefs High Courts

Runaway couples must learn to face society, cannot claim security as a matter of course or right: Allahabad High Court

“In a deserving case, the Court can provide security to the couple but cannot lend them the support they have sought. They have to learn to support each other and face society.”

Case Briefs Supreme Court

Supreme Court resolves complexities of Section 15(2) of the Copyright Act with a two-pronged approach for design protection

In the present case, the Supreme Court examined the vagaries of IP law and the intrinsic synergy that exists between two independent legislations, namely the Designs Act and the Copyright Act.

Case Briefs Supreme Court

SC dismisses appeal against use of Urdu as additional language alongside Marathi on a new signboard for Municipal Council, Patur

“Language is a medium for exchange of ideas that brings people holding diverse views and beliefs closer and it should not become a cause of their division”.

Case Briefs High Courts

‘Child becomes unintended victim in custody battles’: Gujarat HC refuses relief to father who claimed custody after previously agreeing to give child to mother

“When the parents are in conflict, the child’s well-being should remain of paramount concern, the Court must ensure that the minor child is not treated as an object to be passed back and forth, but rather a person whose stability and security must carefully be protected.”

Case Briefs High Courts

Parents of two children suffering from disabilities can adopt a third normal child: Bombay High Court

There is nothing wrong if the parents are looking for a new hope and optimism with their ability of receiving an additional member in their family and by doing so, achieve a mutual fulfillment to make life more meaningful towards fulfillment of the dream they cherish.