Case Briefs Archives | Page 31 of 914

Gauhati High Court directs Assam to survey & protect Ahom Dynasty historical monuments

Illegal coal mining was being done by coal smugglers destroying the historical Tipam Hills, hence, the Court directed for Continuous monitoring of Tipam Hills for illegal coal mining.

Case Briefs High Courts

Calcutta High Court issues practice directions for delays in dispatching Trial Court Records to High Court

On a number of occasions, the Court has noted delays in the transmission of Trial Court records to this Court. As a result, preparation of paper books is delayed. This contributes to delay in disposal of appeals.

Case Briefs High Courts

Delhi High Court grants custody parole to jailed MP Abdul Rashid to attend parliamentary session

The question in the present matter is whether the petitioner/applicant is to be granted custody parole to enable him to attend the Parliament session.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Communication hubs imported or exported separately must be classified as such and not as smart meters: CESTAT Delhi

“The importer has an obligation to self-assess duty but has no obligation under law to anticipate what view regarding classification of goods may be taken by the proper officer or may be taken by DRI or some other investigating agency at any time in future and file Bills of Entry conforming to such anticipated views of the proper officer or DRI or some other investigating agency.”

Case Briefs Supreme Court

SC directs State of Haryana to issue guidelines to ensure that accused persons aren’t handcuffed and chained to hospital beds

Once a person is arrested, his right to liberty under Article 21 is curtailed. When such an important fundamental right is curtailed, it is necessary that the person concerned must understand on what grounds he has been arrested.

Case Briefs High Courts

Punjab and Haryana HC orders flat allotment to slum dweller who was arbitrarily disqualified from Chandigarh Small Flats Scheme

The petitioner’s exclusion from the definition of ‘recognised resident’ appeared to be done through an ill-informed order with reasons not based on any cogent evidence.

Case Briefs High Courts

P&H HC directs appointment of Civil Judge candidate who failed after being deprived of 2.5 marks despite writing correct answer

The petitioner answered the question correctly but was not awarded marks, even though other candidates were awarded marks for the same answer.

Case Briefs High Courts

Delhi High Court analyses the precise definition of the word “forthwith” in Section 50 CrPC; Sets aside arrest due to non-compliance

Sufficient time must be given to an arrestee after the grounds of arrest have been served upon him in writing, to enable the arrestee to engage and confer with legal counsel, the test being that the arrestee must have meaningful opportunity to resist his remand to police custody or judicial custody.

Case Briefs High Courts

Delhi High Court declares PETER ENGLAND as well-known trade mark

Considering the widespread promotional and advertisement activities undertaken by the plaintiff, it is apparent that the trade mark ‘PETER ENGLAND’ has become the single source identifier of the plaintiff and its goods and services.

Case Briefs High Courts

Magistrate must hear Police Officer and pass reasoned order before ordering investigation under S. 175(3) of BNSS : Orissa HC reiterates

“If the allegations made in the complaint are simple, where the Court can straight away proceed to conduct the trial, the Magistrate is expected to record evidence and proceed further in the matter, instead of passing the buck to the police under Section 156(3) of the CrPC.”

Case Briefs High Courts

Delhi High Court upholds Section 132 of Companies Act; validates NFRA Rules on auditor accountability

By instituting a more structured and stringent framework, Section 132 ensures that audit firms and professionals adhere to internationally recognized standards, thereby fostering greater transparency, accountability, and confidence in financial reporting.

Case Briefs Supreme Court

State Transport Authority possesses power to delegate its functions under Section 68(5) of MV Act: Supreme Court

The Court also upheld the constitutional validity of Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 which repealed the Karnataka Contract Carriages (Acquisition) Act, 1976.

Case Briefs High Courts

Delhi High Court sets aside PMLA proceedings by ED against Bhushan Power & Steel Ltd. in view of Section 32A of IBC

A plain reading of Section 32A IBC reveals that once a resolution plan is approved under Section 31, the Corporate Debtor shall not be prosecuted for an offence committed prior to the commencement of the CIRP. However, this immunity does not extend to the erstwhile officers and persons responsible for the conduct of its business prior to CIRP.

Case Briefs High Courts

‘He could not handle the barrage of abuses on him and his mother’; Bombay HC grants bail to 20-year-old student accused of murdering his bedridden father

“Accused is at the threshold of his adult life, halting his education and subjecting him to further custody at this stage would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to the society.”

Case Briefs High Courts

“AAG is not public office”; Rajasthan High Court dismisses challenge to Padmesh Mishra’s appointment as AAG in Rajasthan

The Court held that the requirement of 10 years’ experience in High Court/Supreme Court practice, as outlined in the State Litigation Policy, is not mandatory pre-condition for appointment as AAG.

Case Briefs District Court

‘Drunk driving has adverse consequences for not just driver but also other users of road’; Haryana Court imposes 15-day imprisonment, Rs 10,000 fine on drunk driver

The Court stated that no leniency was justified in such cases.

Case Briefs High Courts

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

Limitation for prosecution under Section 498-A¹ of IPC does not continue for indefinite period as such interpretation will render Section 468² of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.

Case Briefs High Courts

“Senior citizens have right to peaceful living”; MP High Court upholds Son-in-Law’s eviction from Father-in-Law’s property

The right to peaceful and secure living environment for father-in-law under Maintenance and Welfare of Parents and Senior Citizens Act outweighed the son-in-law’s legal ownership or adverse possession claims.

Case Briefs High Courts

Section 29A of Representation of People Act, 1951 does not confer upon ECI to supervise internal elections of registered political party: Delhi HC

It is not for the Election Commission of India (‘ECI’) to resolve internal management disputes of political parties and in case of any grievance, the remedy may lie in taking recourse to filing a declaratory suit or any other appropriate civil remedy.

Case Briefs High Courts

Orissa HC orders Rs. 1 Lakh compensation to Judicial Aspirant for non-evaluation of an answer in OJS 2022

“The plea for rectification of an unevaluated answer does not involve a challenge to the examiner’s discretion or marking scheme but seeks judicial intervention to correct an apparent omission. Such omissions undermine the credibility of the examination process and can adversely affect the outcome for candidates.”