Case Briefs Archives | Page 306 of 914

Muslim woman can dissolve marriage by ‘Khula’ recognised under Shariat; Madras High Court quashes Khula certificate issued by Shariat Council

Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.

Case Briefs Supreme Court

Supreme Court conditionally allows Purse Seine Fishing beyond territorial waters of Tamil Nadu

The Supreme Court considered subsequent development since 1994 as well as the Central Government’s stand while passing the instant order allowing Purse Siene Fishing, keeping the previous decisions of the Court open for deeper consideration.

Case Briefs High Courts

Only unmarried major daughter, unable to maintain herself, can claim maintenance under HAMA; Benefit not extended to all unmarried daughters: Kerala High Court

Kerala High Court denied the grant of maintenance to an unmarried Hindu major daughter as she could not prove any disability as required under Hindu Adoptions and Maintenance Act, 1956

Case Briefs High Courts

[S.156(3) CrPC] Bombay High Court| Affidavit not in compliance with Chapter VII of the Criminal Manual is deemed non-compliance with the mandatory requirement of filing an affidavit

There should be no scope for the declarant to escape on the technical grounds from responsibility attached to the statement made by him in the affidavit. Unless those compliances, referred to in paragraphs 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be difficult to hold the person making a declaration on oath responsible for the statement made on an oath.

Case Briefs Supreme Court

Evidence can be appreciated best only when it is recorded in the language of the witness: Supreme Court

The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.

Case Briefs High Courts

An order of discharge would be warranted only in cases where Court is satisfied that there are no chances of conviction, and trial would be a futile exercise; Allahabad High Court reiterates

Allahabad High Court has held that the Trial Court has, after analysing the entire facts and evidence have concluded that there is sufficient ground to frame charges against the accused, and thus has rejected the discharge application. So, there is no illegality in the impugned order

Case Briefs Supreme Court

‘Each breach of promise to marry is not a false promise’; Supreme Court acquits man accused of rape by a mother of three

The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.

Case Briefs High Courts

Section 9 of the Arbitration and Conciliation Act, 1996 does not permit passing of an order in the nature of a permanent measure; Delhi High Court denies permanent injunction under Section 9

The Delhi High Court denied permanent injunction under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) and held that Section 9 did not permit passing of an order in the nature of a permanent measure.

Case Briefs Supreme Court

Supreme Court| No stereotypical assumption that where death occurs after a lapse of time, the offence is of culpable homicide

The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.

Case Briefs High Courts

Calcutta High Court set aside ban on use of hookahs in licensed bar and restaurants

Calcutta High Court | While dealing with a case regarding violation of S. 20(2) of the Cigarettes and Other Tobacco Products (Prohibition

Case Briefs Supreme Court

Supreme Court calls out Rajasthan High Court for making ‘unwarranted observations’ while deciding a murder case remitted to it

It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.

Case Briefs High Courts

Allahabad High Court| Right to cross-examine witnesses is a right of the other side and can only be done away with, in exceptional cases

Allahabad High Court said that, since the trial in question is of 2015, therefore, the precaution to that effect, which has been taken by the Trial Court, is appreciated, but in the light of such precaution, a single opportunity to cross-examine prosecution witness may not be denied

Case Briefs Supreme Court

Murder convicts in a 37-year-old case to walk free after Supreme Court gives them benefit of doubt

Supreme Court held that the charge that the convicts had committed murder was not proved beyond reasonable doubt; hence, they were and are entitled to the benefit of doubt. Thus, it set aside the Trial Court and Allahabad High Court's judgment and order and acquitted the convicts.

Case Briefs High Courts

Mentally retarded persons are also entitled for tax exemption while purchasing motor cars; Kerala High Court set aside notification for being discriminatory

Kerala High Court held that the exclusion of mentally retarded persons from tax exemption while buying motor cars is discriminatory and they are also entitled to tax exemption.

Case Briefs High Courts

Bombay High Court directs SEIAA to decide environmental clearance proposals by applying provisions of DCPR 2034 or UDCPR, on merits within 8 weeks

The judgment and order dated 13-09-2022 of NGT in Anil Tharthare v. State of Maharashtra, Appeal No. 22 of 2016, cannot be construed to mean a blanket prohibition to consider the proposals of the projects governed by DCPR 2034 or UDCPR.

Case Briefs High Courts

Reasonable opportunity of being heard must be granted; Delhi High Court sets aside non-speaking order of the Delhi GST Commissioner

The Court was of the view that neither the notice served upon the petitioner mentioned any specific defect found by the authorities nor the order of tax and demand specify any reason why the documents accompanying the goods were found to be defective.

Case Briefs High Courts

Whether the eligibility criteria mentioned in the Bulletin of Information will prevail over the one given in the Admission Form? Delhi High Court rules

The petitioner cannot take advantage of, or refuge under, the error that has crept into the Admission Form available on the website. Such a mistake on the part of the respondent-university would not clothe the petitioner with any legal right.

Case Briefs High Courts

Madhya Pradesh High Court | Every Panch, Sarpanch, other village officer of any description and landholder are duty bound to immediately furnish information of illegal cultivation

Dismissing the revision petition filed by the petitioner for quashing of the impugned order passed by the Special Judge (NDPS) thereby framing charges under NDPS Act, the Court held that the role of the petitioner is prima facie found in the present case therefore the case appears to be triable and cannot be interfered with at this stage.

Case Briefs High Courts

[Trademark v. Domain Name] Bombay HC holds trademark infringement suit is an action in personam; Court cannot impose a blanket ban on “Swiggy” mark in future

“The Court held that in every case of trademark infringement, the plaintiff claiming infringement of its registered mark is required to claim relief in the context of specific instances of infringement, relatable to individuals against whom orders can be passed by the Court.”

Case Briefs Supreme Court

IBC| Inconsistent position taken in the Vidarbha Industries verdict? Supreme Court issues notice

The petitioner alleged that the National Company Law Appellate Tribunal had relied upon the decision of Vidarbha Industries, which even though was clarified in review petition of Axis Bank but was still contrary to the settled position in law laid down in Innoventive Industries. Tushar Mehta, Solicitor General contended that the principle enunciated in Vidarbha Industries would be liable to dilute the substratum of the Code.