Case Briefs Archives | Page 58 of 914

Bulldozer actions against properties for simply being an accused or convict, unconstitutional; Executive cannot be a Judge and demolish properties: SC

“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one’s head gives satisfaction to any person. If this is to be taken away, then the authority must be satisfied that this is the only option available.”

arbitration referral court enquiry limitation

Case Briefs Supreme Court

Under Section 11(6) A&C Act, Referral Court must limit its enquiry to the question of limitation period only: SC

Referral courts, at the stage of deciding an application for appointment of arbitrator, must not conduct an intricate evidentiary enquiry into the question whether the claims raised by the applicant are time barred.”

Case Briefs High Courts

Gujarat High Court allows termination of pregnancy of minor rape victim; Issues directions for medical board

The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.

Case Briefs High Courts

Aadhaar Card not valid proof of age for compensation claims under Mukhyamantri Jan Kalyan (Sambal) Yojna: MP High Court

The Court deemed the Coordinate Bench decision in Narmadi Prasad v. State of M.P., as per incuriam, as it did not consider the Aadhaar Card’s intended use solely as identity-only proof.

Case Briefs Supreme Court

Rule 15(1) contravenes legislative intent of RPWD Act; SC directs Union to form mandatory rules to ensure accessibility of public places for disabled

“While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it.”

Case Briefs Supreme Court

Doctrine of lis pendens commences at the stage of “institution” of suit and not at the stage when notice is issued: SC

The Court recalled a previous judgment dated 25-8-2022 on the ground that the errors apparent on the face of the record in that decision went to the root of the reasoning on both the issues of limitation and specific performance.

Case Briefs High Courts

Uttaranchal HC appoints wife as her husband’s guardian who is in a comatose state

If there is any misuse of power/misappropriation of funds/non-extension of requisite care and protection or support regarding the treatment of the person lying in comatose state, it is open to bring up the matter before this Court to revoke the power.

Case Briefs District Court

UP Court upholds restraint on Canada’s Jamp Pharma and third parties from infringing Jubilant Generics Limited’s IPR and confidential proprietary information

The Court has upheld a restraint against Canada’s Jamp Pharma and associated third parties, preventing them from infringing upon Jubilant Generics Limited’s intellectual property rights and unauthorized use of its confidential product dossier reinforcing the importance of respecting cross-border confidentiality agreements in pharmaceutical manufacturing and distribution.

Case Briefs High Courts

Father-in-law not liable to maintain Daughter-in-law under Muslim Personal Law: MP High Court

As per the provisions of Muslim law and the DV Act, the Court opined that the present petitioner being father-in-law of respondent, cannot be compelled to give maintenance to the respondent.

Case Briefs High Courts

‘Making wife sleep on carpet not cruelty’; Bombay HC sets aside conviction u/s 306 IPC against husband and in-laws

To apply Section 306 ¹ of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI clears Piramal Pharma Limited of alleged violations of LODR Regulations over non-disclosure of material events

The brief closure of Digwal unit or imposition of monetary penalty, in terms of the NGT Order, did not require any disclosure in terms of regulation 30(4)(i) of the LODR Regulations.

Case Briefs High Courts

‘Employee’s transfer in transferable service is necessary incident of service career’: Delhi HC upholds transfer of a workman from Delhi to Chennai

Regarding the difficulties regarding education of petitioner’s children, the Court stated that the Labour Court has correctly recorded that children of the petitioner being aged 6 and 4 years, no academic damage would have been caused to their career had the petitioner complied with the transfer order.

Case Briefs Supreme Court

Express designation of place in an arbitration agreement is an appropriate criterion to determine Seat of Arbitration: SC

The Court clarified that the ‘Closest Connection Test’ for determining the seat of arbitration is no longer a viable criterion for determination. The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract.

Case Briefs High Courts

Delhi High Court sentences advocate to imprisonment for criminal contempt over scandalous allegations against judicial officers and police

Contemnor who is an Advocate has made scandalous and derogatory allegations against the Judicial Officers, Judges of this Court, Police Officers, etc. Further, it is also clear from the aforesaid that the Contemnor has no respect for the Courts as also the entire judicial system itself.

Case Briefs High Courts

Delhi High Court fines advocate ₹10K for making unfounded accusations against Judge; Upholds ISRO Selection Process

The petitioner’s approach in the review petition reflects a selective cherry-picking of sentences from the judgment, disregarding the comprehensive analysis of the rival contentions provided throughout. The so-called “errors” highlighted by the petitioner are not, in fact, errors, let alone errors “apparent on the face of the record.”

Case Briefs Supreme Court

Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arises: SC

“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”

Case Briefs Supreme Court

DRI Officers are “proper officers”; can issue show cause notices for recovery of duty under Customs Act: Supreme Court

The Court noted that the 2021 decision was rendered without taking note of the relevant statutory scheme under Customs Act, 1962 and government circulars and notifications issued which empowered the officers of Directorate of Revenue Intelligence (DRI) to issue show cause notices.

Case Briefs High Courts

Madras High Court directs TN Housing Board to exempt engineer with speech and hearing disability from giving language test

“The case in hand depicts the sorry state of affairs that prevails in society while dealing with differently abled persons. The fact that the petitioner who has 100% hearing and speech impairment from young age was able to complete the School Education and the Engineering course, shows the amount of grit and determination on his part to remain in the mainstream of the society.”

Case Briefs Supreme Court

We dissent! Here’s why 3 out of 7 Supreme Court Judges ruled against AMU’s minority status

“To assume that the minorities of the country require some ‘safe haven’ for attaining education and knowledge is wholly incorrect. The minorities of the country have not just joined the mainstream but comprise an important facet of the mainstream itself.”

Case Briefs High Courts

Calcutta High Court dismisses property owners’ plea to recall order allowing Chhath Puja at their Ghat

The applicants failed to establish fraud or misrepresentation in the earlier proceedings and did not take adequate steps to protect their property rights.