Case Briefs Archives | Page 278 of 914

Delhi High Court refuses to quash FIR against doctor accused of carrying out illegal sex determination; issues direction for proper implementation of PCPNDT (Prohibition of Sex Selection) Act

The Delhi High Court observed that it was aware of the conflict that plagued women who were torn between societal and familial pressure to bear sons and the emotional stress and moral uncertainty they experienced for not bearing a male child.

Case Briefs High Courts

[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case

“The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.” observes the Court.

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Red Chillies Entertainment for taking down upcoming film ‘Jawan’ leaked clips

In the instant case clips and stills from the film ‘Jawan’ were already available on the internet over various platforms, though no license to broadcast or transmit any part of the film has, to date, been granted by the plaintiff to any entity.

Case Briefs High Courts

Gauhati High Court refuses to grant interim relief to Youth Congress President, Srinivas BV

The High Court’s order came in reference to the FIR filed by the President of Assam Youth Congress who has levelled allegations of mental harassment on Indian Youth Congress President, Srinivas BV.

validity of unstamped arbitration agreement

Case Briefs Supreme Court

We Dissent! Here’s why 2 out of 5 Judges of Supreme Court ruled unstamped arbitration agreements are valid at pre-referral stage

The practice of dissent in judicial decision-making process plays a critical role in revealing constitutional commitment to deliberative democracy. Allowing judges to express differing views and engage in a dialogue about the law and its interpretation can potentially lead to a more nuanced and refined understanding of the law, as the Court grapples with competing interpretations and seeks to reconcile them in a principled manner.

Case Briefs Supreme Court

SC finds directions prescribing uniform one km Eco- Sensitive Zones around forests, Sanctuaries ‘impossible to implement’; modifies order

The Supreme Court said that if the directions are continued, rather than avoiding man-animal conflict, it will intensify the same.

Case Briefs Foreign Courts

G1 license holder driving an ATV alone on highway for accessing trail with owner’s consent is minor breach: Superior Court of Justice, Ontario

The Court said that ignorance of the fact that G1 license holders had special provisions or restrictions while driving an ATV on a highway and not knowing that central lane is a highway is no defense.

Case Briefs High Courts

Bombay High Court| Causing threat to stray dogs by using sticks would amount to Cruelty to Animals

Society residents obligated to provide drinking water to stray dogs due to onset of summer heat.

Case Briefs High Courts

Kerala High Court slams aimless allegations against public functionaries without any supporting material abusing access to justice

Kerala High Court dismissed the Writ Petition imposing cost of Rs 25,000 for reliefs claimed on an experimental basis without any supporting material.

Case Briefs High Courts

[Modi Surname Defamation Case] Patna High Court stays Lower Court’s order against Rahul Gandhi

The Patna High Court stayed Lower Court’s order against Rahul Gandhi in the ‘Modi Surname’ defamation case.

Case Briefs Supreme Court

Consumer Forums cannot award Compound Interest as Compensation under Consumer Protection Act, 1986 in Real Estate Disputes: SC

The Court observed that for determination of compensation, the Consumer Forum must examine the time value for money, an in-depth analysis of all the facts and materials surrounding factors, including uncertainties of market are to be considered.

Case Briefs High Courts

Karnataka High Court comes to the aid of an aging couple wishing to have child via surrogacy; Evolves a three- pronged eligibility test

The High Court was hearing a petition filed by a couple aged 57 and 45 years, who had lost their son to road accident, and wanted to re-experience the bliss of parenthood via surrogacy but were barred by certain provisions of Surrogacy (Regulation) Act, 2021.

Case Briefs Supreme Court

Reopening of completed assessments if Income Tax searches unearth ‘incriminating material’: Supreme Court resolves conundrum

The Revenue had submitted that the Assessing Officer is competent to consider all the material that is available on record, including that found during the search, and make an assessment of ‘total income’. While some of the High Courts agreed with the said proposition, some disagreed. The Supreme Court was, hence, called upon to resolve the conundrum.

Case Briefs High Courts

Justice Gita Gopi, Judge Gujarat HC recuses from hearing Rahul Gandhi’s plea in Defamation Case

Gujarat High Court: In a criminal revision petition filed by Congress leader Rahul Gandhi, challenging the Surat Sessions Court's order, wherein his

Case Briefs High Courts

Punjab and Haryana High Court dismisses ‘Infructuous’ Habeas Corpus plea for releasing Amritpal Singh

Punjab and Haryana High Court had issued notice to the State in March 2023 for alleged illegal detention of Amritpal Singh by the authorities.

Case Briefs High Courts

Husband cannot be summoned in cheque bounce case for cheque issued by wife as sole proprietor of a firm: Allahabad High Court

Allahabad High Court said that in the eye of law, wife and husband have separate entity. The present case is not a case that the wife, sole proprietor of the Firm had provided the cheque signed by or on behalf of the applicant

Case Briefs High Courts

Delhi High Court gives one month time to Government to decide on the plea of Recognition of Transgender Community as third gender for free travel in DTC buses

In a petition filed for recognition of transgender community as a third gender for providing free travel to them in buses, the Delhi High Court gave one month period to the Government to decide the said matter.

Case Briefs High Courts

S. 306 CrPC does not seek to punish the approver, but to protect him from resentment of his associates in crime: J&K and Ladakh High Court

While deliberating over the petition seeking to set aside S. 306(4)(b), CrPC as unreasonable the High Court pointed out that inherent power under S. 482, CrPC can be exercised to release an approver on bail.

Case Briefs High Courts

Bereft senior citizen in-laws have the right to maintain peaceful possession of self-acquired property; Delhi High Court affirms eviction order of daughter-in-law

While interpreting the provisions of Senior Citizens Act, 2007, the Courts must bear the objectives and purposes for which the statute was enacted.

pre-reference jurisdiction of high court

Case Briefs Supreme Court

Explained| Supreme Court verdict on scope of Pre-referral jurisdiction of High Court under S. 11 of Arbitration and Conciliation Act

The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’