Case Briefs Archives | Page 65 of 914

Wife’s education alone does not bar her ‘Right to Maintenance’; Husband’s support still required: MP High Court

The Court, however, opined that “Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”

Case Briefs High Courts

‘Arbitrary, illegal and in colourable exercise of power’; P&H HC directs Union Bank of India to refund forfeited amount deposited by auction purchaser

The bank has acted in an arbitrary and illegal manner by claiming that the entire bid amount shall be deposited by the petitioner, while on the other hand, avoiding the question of the supervening legal impossibility, which debarred them from issuing Sale Certificate or handing over the physical possession of the property to petitioner.

Case Briefs High Courts

MP High Court seeks State’s reply on ban on sale of meat, eggs & related products during Ganesh Mahotsav

The Court observed that the effect of the order was limited to 17-09-2024, indicating that the immediate urgency of the issue may be moot, however, recognised the need to address the concern of setting a future precedent.

Case Briefs Supreme Court

Supreme Court issues comprehensive guidelines for effective implementation of Prohibition of Child Marriage Act: A detailed breakdown

“Orientation of these guidelines is to prioritise prevention before protection and protection before penalisation.”

Case Briefs High Courts

‘Allegations about show cause notice being vague are wholly misconceived’; Bombay HC imposes Rs 5 lakhs costs on litigants who tried to “take a chance” by filing a petition

The present petition is instituted to question the show cause notice dated 07-12-2023 only after the show cause notice is adjudicated and the order dated 22-07-2024 is made.

Case Briefs High Courts

Bombay HC dismisses appeal by New India Assurance Company against ground handling company Janus Aviation for recovery of $31 million

Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.

Pune Triple Murder case accused acquitted

Case Briefs Supreme Court

Know why Supreme Court decided to acquit and quash death sentence of 2012 Pune Triple Murder accused

The accused was arrested in 2012 on the suspicion of murdering his wife, mother and 2-year-old daughter. In 2016, the Trial Court convicted him and imposed death penalty which was confirmed by Bombay High Court

Case Briefs High Courts

MP High Court directs authorities to decide on Rehabilitation of migrated Wild Elephant as per Section 11(1)(a) of Wild Life Protection Act

The petitioner pointed out that respondents are keeping the elephants in captivity and in process giving inhuman treatment and out of 10 elephants, 2 elephants died and the respondents have concealed this fact from the Court.

Case Briefs High Courts

Delhi HC directs Karkardooma Court’s counseling center to file affidavit stating why steps were not taken to make wife understand the terms of divorce settlement

‘Even though the official language for proceedings and documentation is English, the authority concerned is duty bound to translate contents of such documents to a person not well versed with the language.’

pregnant daughter murder over inter-caste marriage

Case Briefs Supreme Court

Supreme Court commutes death sentence of father convicted for murdering his pregnant daughter over inter-caste marriage

The Court affirmed the father’s conviction but converted the death penalty to 20 years’ rigorous imprisonment without remission considering several mitigating factors favouring the accused.

Case Briefs High Courts

Delhi HC directs BSES Yamuna Power Ltd to pay ex-gratia amount of Rs. 10 lakhs to parents of 18-year-old boy who died due to electrocution from non-insulated live electric line

In the present case, a call was made to the police station informing that a person was lying in an unconscious state due to electric shock. The post-mortem report also mentioned the cause of death as ante-mortem electrocution. Therefore, it is an undisputed fact that the deceased died due to electrocution.

Case Briefs High Courts

Having sexual intercourse, being naked in front of minor amounts to sexual harassment, punishable under POCSO Act: Kerala High Court

Kerala High Court noted that accused 2 had abused and thrashed the minor victim and concluded that the offense falls under Section 323 of IPC in conjunction with Section 34 IPC.

Case Briefs High Courts

Delhi High Court directs BCI to reevaluate LL.B. attendance requirements following Amity Law School suicide case

The petition was filed by the Court suo motu in response to the tragic suicide of a law student at Amity Law School, affiliated with I.P. University, who took his life allegedly due to severe academic pressure stemming from attendance shortages.

Case Briefs High Courts

“Say ‘Bharat Mata ki Jai’, Salute tricolour 21 times”; MP HC grants bail to accused for shouting “Pakistan Zindabad, Hindustan Murdabad”

The Court opined that applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.

Case Briefs High Courts

‘Mere violation of Motor Vehicles Act provisions does not amount to negligence’; Delhi HC modifies MACT’s order

‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Absence of NOC not automatically invalidates Security Documents’; NCLT upholds Axis Bank & NKGSB Bank’s claims as Secured Debt

The NCLT held that the Resolution Professional does not have adjudicatory powers to invalidate or challenge the charges based on an absence of NOC.

RG Kar Rape and Murder civic volunteers recruitment

Case Briefs Supreme Court

RG Kar Rape and Murder Case | WB Govt. must explain the legal source of authority for the recruitment of Civic Volunteers in the State: SC

The Court directed West Bengal Govt. to submit an affidavit to disclose the selection process which is followed for the recruitment of the Civic Volunteers and the steps which have been taken to ensure that such Civic Volunteers do not operate in sensitive establishments.

Case Briefs Supreme Court

[KMC (Regularisation of Building) Regulations] Supreme Court allows tenant to apply for regularisation with Kolkata Municipal Corporation of unauthorised construction

Supreme Court clarified that till the date of communication of the order on the regularisation application, the limited interim relief granted on 6-08-2024 will continue to operate.

Case Briefs High Courts

Delhi High Court grants compassionate allowance to wife of deceased despite dismissal for absenteeism under CCS Pension Rules

The Court observed that once the employee had already suffered dismissal from service on account of unauthorized absence, that sin stood expiated and was no longer a relevant consideration while assessing his case for grant of compassionate allowance.

Case Briefs High Courts

Calcutta High Court allows doctors’ protest against RG Kar Doctor’s Rape and Murder amid Durga Puja Carnival; Strikes down police ban

The petitioners sought relief against the refusal by the State to grant permission for a “Droher Carnival” planned for 15-10-2024, intended to bring attention to the alleged rape and murder of an on-duty postgraduate trainee doctor at R. G. Kar Medical College and Hospital on 09-08-2024.