Case Briefs Archives | Page 303 of 914

Breach of Contract does not give rise to cause of action for Criminal Breach of Trust: Calcutta High Court reiterates

Calcutta High Court | While deciding a revision petition, Tirthankar Ghosh*, J. held that no offence under Ss. 417 and 426 of

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to 85% disabled accused in cheating case

Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person

Case Briefs Supreme Court

Rs. 2 Crores compensation for a bad haircut? Maybe! But not in absence of material supporting claim of loss suffered; Supreme Court asks NCDRC to decide matter afresh

In the case at hand, the woman had sought Rs. 3 Crores compensation, claiming that as a result of the bad haircut, she could not continue to lead her normal busy life as she no longer looked pretty; she had to face great humiliation and embarrassment; her career in the world of modelling was completely shattered; she went into a state of depression. NCDRC had awarded her Rs. 2 Crore compensation but without any material being produced by the woman to quantify the compensation.

Case Briefs High Courts

In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court

The Delhi High Court held that even if the Contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending.

Case Briefs High Courts

Delhi High Court grants bail to Chitra Ramakrishna former MD NSE being accused of active involvement in illegal interception of telephone calls of NSE employees

In the present case there is no allegation that the Applicant has derived or obtained any property or proceeds of crime. Additionally, there is no allegation or evidence produced to suggest that the Applicant has concealed, possessed, used, projected or claimed any proceeds of crime as untainted property.

Case Briefs High Courts

Counterfeiting has serious repercussions on the fabric of national economy; Delhi High Court directs a small shop proprietor to pay Rs. 5 lakhs or serve one week in civil prison for selling counterfeited Louis Vuitton’s belts

The Delhi High Court directed the proprietor of a small shop to pay Rs. 5 lakhs, failing which he would suffer incarceration in civil prison for a week as he violated the order of interim injunction passed earlier by the Court and continued to sell counterfeited products of louis Vuitton.

Case Briefs Supreme Court

Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to attract alleged offences: Supreme Court

The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.

Case Briefs High Courts

Bombay High Court grants Rs 5 lakhs compensation to a cleaner who worked for 26 years for paltry wages

The petitioner was engaged to undertake the cleaning and sweeping of the Government office premises for almost 26 years and was being paid much less than even the minimum wages paid to manual labourers. The Bombay High Court said that it t is a fit case where the State should compensate the Petitioner for violating her rights under Articles 14, 21 and 23 of the Constitution of India.

Case Briefs High Courts

[IFS Examination] Walking test of 25 kms is an obligatory stipulation which needs to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement: Delhi High Court

The Delhi High Court held that the walking test of completing 25 kilometers would be an obligatory stipulation and needed to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement consistent with requirements of the identified service/post as may be prescribed by its Cadre Controlling Authority for the Indian Forest Service Examination.

Case Briefs High Courts

Absence of premeditation leads to Delhi High Court modifying murder conviction to culpable homicide not amounting to murder; Convict to be released

Based on the weapon used for inflicting injuries to the deceased was a very heavy danda with nodes therein, the Trial Court has convicted the appellant for offence punishable under Section 302 IPC. However, it failed to appreciate the fact that the alleged offence was not committed by pre-meditation.

Case Briefs Foreign Courts

Records kept by companies fall outside the scope of Section 124(1) Evidence Act; Can’t be regarded as spousal communications within meaning of Section 124(1): High Court of the Republic of Singapore

High Court of the Republic of Singapore: While deciding a case related to marital privilege, Chua Lee Ming* J. held that records

Case Briefs High Courts

Delhi High Court | Disclosure of reports and dossiers relating to terrorist acts under investigation is barred by RTI Act

The Mumbai blasts which are the subject matter of the reports, were one of the worst terror attacks on India, leading to hundreds of deaths and hundreds of injured persons. Thus, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.

Case Briefs High Courts

Rejection of Compassionate Appointment for married daughters violative of Articles 14 and 15: Punjab and Haryana High Court

The division bench of Punjab and Haryana High Court noted that the object of such schemes is to grant appointments to dependent family members falling under specific categories on compassionate grounds.

Case Briefs High Courts

Pensionary benefit to “part time tube well operators” cannot be granted from date of granting pay parity with regular operators; Allahabad High Court reiterates

Article 14 of the Constitution of India has withstood the temperts of classification and discrimination, but the emerging disparity to regulate the condition of pension as a result of service ought not to obliterate the object of equality in a level playing field.

Case Briefs Supreme Court

Here’s why Supreme Court dismissed Rana Ayyub’s challenge to Ghaziabad Special Court’s territorial jurisdiction in Money Laundering case

Explaining the scope of the territorial jurisdiction of Special Court under the Prevention of Money-laundering Act, 2002, the bench of V Ramasubramanian and JB Pardiwala, JJ also held that the trial of the scheduled offence should follow the trial of the offence of money-laundering and not vice versa.

Case Briefs High Courts

Karnataka HC | Charges under Prevention of SC/ ST (Atrocities) Act are applicable only when name of a victim’s caste is taken with the intention to insult and humiliate them

The Karnataka High Court held that merely mentioning an individual’s caste during an altercation with no intention to insult, would not attract the provisions of the SC/ ST Act

Case Briefs Supreme Court

EXPLAINED| The Bhopal Gas Tragedy victims’ case before Supreme Court’s Constitution Bench

The Union of India had approached the Supreme Court in 2010 for enhancement of compensation for Bhopal Gas Tragedy victims through a Curative Petition based on different data recorded by the Courts and actual figures submitted by Union of India in the estimated number of deaths, injuries, expenditure incurred, etc. The Constitution Bench has reserved the verdict on 12-01.2023.

Case Briefs High Courts

Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions

To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.

Case Briefs High Courts

Bombay High Court refuses to exercise power under Art 226 and deprecates filing another petition when it failed to get relief from Delhi High Court

The entire trajectory of this case must be deprecated. When a principle challenge against the termination fails and while an appeal is pending, one distress warrant is challenged in Delhi only to be allegedly later withdrawn and other distress warrants are now brought before this Court.

Case Briefs Supreme Court

Explained| How in the fight between Justice LC Victoria Gowri’s ‘eligibility’ versus ‘suitability’ to become a judge, ‘eligibility’ won

Supreme Court dismissed the petitions filed by lawyers from Madras HC alleging that Gowri is disqualified from being appointed a judge of a Constitutional Court, as there was no fruitful consultation between the executive and the collegium regarding her antecedents that could reveal her biasness against the minorities in the country.