Case Briefs Archives | Page 239 of 914

Old Pension scheme or contributory Pension Scheme, which will be applicable to Government servants appointed after 01-04-2003? Madras HC answers

Because of the retrospective operation of the new pension scheme, no employer or employee would have forethought that appointments made after 01-04-2003 would not be eligible for the old pension scheme.

Case Briefs High Courts

Read why Madras HC refused to declare cancellation of a man’s passport as illegal

Madras High Court said that the action taken by the passport officer cannot be faulted. If false particulars and false documents are given, the Passport Authority has no option but to impound the passport.

Case Briefs High Courts

Can an ex parte order be recalled by a necessary party that is a non-party to the case? Allahabad High Court answers

Apart from the statutory power of recall of an ex parte order conferred under the first proviso to Section 209 U.P. Revenue Code, 2006, every Court or Tribunal would have an inherent power to recall an ex parte order to secure the ends of justice.

Case Briefs High Courts

Delhi High Court directs GGSIPU, State Government to ensure 5% reservation to specially abled persons in all educational institutions

“Guru Gobind Singh Indraprastha University and the State Government are directed to ensure that in all educational institutions, the statutory provisions governing the field under the Rights of Persons with Disabilities Act, 2016 are followed and 5% reservation is provided to specially abled persons.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to New Balance Athletics Inc for its ‘N’ device mark

“The matter will next be listed on 16-08-2023, to decide whether the plaintiff’s registered trade marks , and , are “well-known” trade marks within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999.”

Case Briefs High Courts

[Special Marriage Act] ‘AI increased the possibility of impersonation’; Delhi High Court directs Indian National to appear before Indian High Commission in Canada and join video conferencing

The Marriage Registration Authority submitted that in view of the advancement in the technology in Artificial Intelligence, the possibility of somebody impersonating Petitioner cannot be ruled out.

Case Briefs High Courts

ASO Recruitment| Orissa HC rejects review petition of Order quashing merit list of short-listed candidates

Mere inclusion of the name in the select list does not confer any right to claim for appointment.

Case Briefs High Courts

IO being complainant should have refrained from investigating NDPS case: P&H High Court reiterates while setting aside conviction

Punjab and Haryana High Court set aside conviction due to laches in investigation in NDPS case of recovery of 145 Kg poppy husk.

Case Briefs High Courts

‘Being a married woman and accustomed to sexual intercourse, she could have protested or resisted’: Orissa HC while setting aside conviction u/s 376(2)(f)

The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.

Case Briefs High Courts

Mere use of word ‘arbitration’ or ‘arbitrator’ not enough to construe an agreement to be an arbitration agreement: Delhi High Court

“It is palpably clear that the language of the purported arbitration clause must evidence an unambiguous, explicit and unequivocal intention to refer the disputes to arbitration, leaving no room for doubt that parties chose arbitration as their only mode of resolution of disputes.”

Case Briefs High Courts

[Sexual harassment over Facebook] Uttaranchal High Court directs accused to plant fifty trees as a condition to drop criminal proceeding against him

“Looking to the nature and gravity of the offences and owing to the close relationship between the accused and the complainant, the Uttaranchal High Court exercising its powers under Section 482 of the Criminal Procedure Code, 1973, quashed the FIR.”

Case Briefs High Courts

[Gyanvapi Kashi Vishwanath case] Allahabad HC upholds Varanasi Court’s order directing ASI Survey of mosque premises

The Varanasi District Court had allowed an application of the four Hindu females who were seeking directions for the Director, ASI to undertake scientific survey/investigation/excavation of the Gyanvapi Mosque, excluding the areas sealed by the Supreme Court.

Case Briefs High Courts

Calcutta High Court dismisses PIL filed with private motive and direct interest in a Medical College’s establishment

Before entertaining a PIL, Court must diligently verify that the petition is genuinely rooted in public interest and not driven by personal vendettas or vested interests

Case Briefs High Courts

Provide column for ‘no religion’, ‘no caste’ in birth certificate applications: Telangana High Court directs State Government

“The right to freely profess, practice or propagate any religion, includes in it the citizens right to say that they do not believe in any religion, and they do not want to profess, practice, or propagate any religion. The State cannot compel the citizen to profess or declare that he belongs to one religion or the other.”

Case Briefs High Courts

Calcutta High Court upholds BPCL’s decision to suspend supplies in LPG distributorship amidst partnership dispute

The changes made in the supplementary partnership deed without the previous approval of BPCL are violative of Clause 21 of the distributorship agreement.

Case Briefs High Courts

[Principle of Judicial Propriety] Successive bail application needs to be decided by the same Judge on merits, if available at the place of sitting: Bombay High Court

If successive bail applications on the same subject are permitted to be disposed of by different Judges, there would be conflicting orders, and the litigant would be pestering every Judge till he gets an order to his liking resulting in the credibility of the Court and judicial discipline requires that such matter must be placed before the same Judge, if he is available, for orders.

Case Briefs High Courts

Dying Declaration | Section 32(1) of Evidence Act is an exception to general rule against hearsay evidence: Bombay High Court upholds conviction order against the accused

Bombay High Court clarified that the instant case was one based on dying declaration which may solely be made the basis of conviction after qualifying the test of truthfulness, voluntariness and free from suspicion and doubt.

Case Briefs High Courts

A fundamentalist Muslim cannot be equated with an extremist; J&K and Ladakh HC observes

The Court also observed that fundamentalism pertaining to a Muslim is merely someone who believes in the fundamentals of Islam and the same cannot have a negative bearing.

Case Briefs High Courts

Object of Arbitration Act’s Section 12(2) disclosure is to prohibit any continued Arbitrator-Party associations during proceedings: Calcutta High Court

Section 12(2) of the Arbitration and Conciliation Act, 1996 obligates the Arbitrator to remain neutral and to disclose to the parties any acts or omissions that are likely to fall foul of the mandate.

Case Briefs High Courts

Delhi High Court sets aside summon order issued to H&M in alleged violation of Legal Metrology Rules, 2011

An advisory dated 31-03-2017, issued by the Ministry of Consumer Affairs, Legal Metrology Division, states that loose garments which are sold would not constitute a ‘pre-packaged commodity’ in terms of the Legal Metrology Act, 2009.