Case Briefs Archives | Page 252 of 914

Classic case of lethargic attitude of bureaucrats in India; Madras HC directs DGP to examine representation by Inspector for release of salary

Due to non-payment of salary and non-consideration of petitioner’s representation for four years, all of his family members had suffered mentally and financially.

Case Briefs High Courts

‘Did not fulfil statutory criteria’; Delhi High Court dismisses plea for continuing MD course after the expiry of prescribed “span period”

The petitioner having consciously chosen Indian Revenue Services over M.D. course defying all statutory norms, cannot be permitted to complete the course beyond the span period. Rather, the petitioner’s iniquitous quest for greener pastures has, in the bargain, led to one MD course seat being wasted.

Case Briefs High Courts

Bombay High Court reprimands lawyers for degrading the legal profession by providing result-oriented services to ‘please the client’

Bombay High Court refused to entertain the applicant’s counsel’s explanation that it was an inadvertent mistake.

Case Briefs High Courts

Meghalaya High Court quashes plea of a Military engineer against her transfer order on the grounds of her minor children

The Court said that petitioner was always aware that her job was transferable and had no cogent grounds to resist the order of transfer.

Case Briefs High Courts

[Contempt of Court] All Women Police Stations being reduced to stations of corruption: Madras High Court issues directions

As a Court of record, the High Court is attributed only with the power to punish for its contempt and the contempt of Courts Subordinate to it and not the Court which is superior to it.

Case Briefs High Courts

Delhi High Court denies bail to former Deputy Chief Minister Manish Sisodia in Delhi Liquor Excise Policy Scam

The gravity of the allegations against the petitioner are very serious in nature and in view of the peculiar facts, the Court opined that this matter must be visited with a different approach as a deep-rooted conspiracy involving huge loss of public funds has been alleged.

Case Briefs Foreign Courts

Colorado’s anti-discrimination law cannot compel a wedding website designer to create expressive designs contrary to her personal beliefs on marriage: SCOTUS

The Court with a ratio of 6:3 protected the First Amendment right of the petitioner who believes in heterosexual marriages only.

Case Briefs High Courts

Himachal Pradesh High Court Dismisses Petition challenging Prescribed Age Limit for appointment of Assistant District Attorneys

The Court said that the State Government was well within its powers to carve out exceptions for a particular category of post, in so far as the prescription of age limit by direct recruitment to a was concerned.

Case Briefs High Courts

Sensitise all PPs across the State to deal with final reports, placed before them for scrutiny, at the earliest; Madras HC directs Director of Prosecution

The final report placed for scrutiny before the Public Prosecutor is not for the purpose of getting an opinion from the Public Prosecutor

Case Briefs High Courts

Regularization of unauthorized construction beyond the purview of Section 56 of MRTP Act: Bombay High Court

Bombay High Court observed that no provision enables regularization of construction raised on open spaces earmarked in development plan or Town Planning Scheme.

Case Briefs High Courts

Police officer duty-bound to record reasons for arrest in writing: Allahabad High Court

Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India

Case Briefs High Courts

Orissa HC quashes Criminal Proceedings against OTV Journalist Accused of Dissuading Public from Availing Covid 19 Treatment

The Court said that continuation of such criminal case against the Petitioner, who is an Input Editor of OTV, was likely of having a chilling effect on freedom of the Press.

Case Briefs Supreme Court

‘Chain of circumstantial evidence incomplete to interfere with acquittal’; Supreme Court affirms acquittal in 25-year-old case

Supreme Court concurred with the Punjab and Haryana High Court that incriminating circumstances were not proved beyond reasonable doubt and chain of evidence was not complete to interfere with a degree of certainty of accused having committed the crime.

Case Briefs High Courts

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.

Case Briefs Foreign Courts

“Equal educational opportunity is a prerequisite to achieving racial equality”: Dissenting Opinion on SCOTUS’ Affirmative Action decision

In a scathing dissent, the Judges observed that in holding that race can no longer be used in a limited way in college admissions to achieve critical benefits, the Majority has rolled back decades of precedent and momentous progress.

Case Briefs High Courts

POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.

Case Briefs Foreign Courts

England and Wales High Court of Justice strikes out Breach of Duty Claim against YZMA Director

The allegations against the defendant related to breach of fiduciary duty, trust and statutory duties he owed as director of YZMA.

Case Briefs High Courts

‘Employee had no role in drawing excess amount in increment’; Kerala High Court upholds KAT order restricting any recovery of excess pay

The Kerala High Court clarified that the authorities erroneously granted the said increment in terms of Government Order while being careless and negligent, and that the respondent could not be faulted at all for their negligence.

Case Briefs High Courts

[Section 15 of JJ Act] Inquiry for trying a juvenile as an adult must be conducted in a transparent and fair manner: Bombay High Court

Bombay High Court explained that trying a child below 18 years before Juvenile Justice Board is a rule and trying a child above 16 years as an adult before Regular Court is an exception.

Case Briefs High Courts

Complaint lacks specific averments to fasten vicarious liability of Company Directors; Bombay High Court quashes order against Raymond CMD

The instant complaint was filed against the Chairman and Managing Director, and eight Directors of Raymond Ltd. after the Inspector of Legal Metrology noticed a fabric package which lacked requisite declarations.