Case Briefs

refusal to marry due to Kundali mismatch
Case BriefsHigh Courts

“The contention that the marriage could not take place due to non-matching of kundalis appears inconsistent with his own conduct and representations made over the years. If the issue of kundali matching was indeed of such determinative importance for the applicant and his family, the same should have been resolved at the threshold before entering into physical relations.”

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trans person asked to take medical exam
Case BriefsHigh Courts

“The Act was legislated in order to give an element of protection to transgender persons, who on account of circumstances beyond their control were born into bodies not aligned with their identities. The social ostracism of such people had led the Parliament to enact the special statute.”

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factors for imposition of sentence
Case BriefsSupreme Court

Culling out the basic factors for imposition of sentence, the Court stated that, “The supreme objective of law is the protection of society and creating a deterrence against crime by imposing adequate punishment.”

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Shatrughan Sinha
Case BriefsHigh Courts

“The concept of personality right has gained momentum by reason of unauthorised exploitation on digital platforms and social media for commercial gain, which often results in tarnishing or damaging the personality rights of an individual and more often of a renowned and well-known personality.”

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continuation of existing Labour Courts
Case BriefsHigh Courts

“Permitting existing adjudicatory mechanisms and statutory authorities to continue till new mechanisms are put in place cannot be said to be sidestepping the provisions of the Industrial Relations Code, 2020 or removing obstacles to get over statutory restrictions.”

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Succession Certificate for Pension Arrears
Case BriefsHigh Courts

“In the absence of any rival or competing claims, and where the identity and entitlement of the legal heirs are clearly verified, the competent authority may release retiral benefits, pensionary dues, compensation.”

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service of grounds of arrest
Case BriefsHigh Courts

The Court noted that “reasons to believe” are mandatory to be recorded; however, they need not be supplied along with the arrest memo to the accused, unlike the “grounds of arrest”, which must be supplied.

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habeas corpus in child custody
Case BriefsHigh Courts

“The Mother and child love and affection is more relevant than anything else. The laws are made for the citizens but citizens are not born for the laws. No law can deprive the child or mother from their bondage, love and affection and the relation cannot be denied.”

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interim bail custody calculation
Case BriefsHigh Courts

The Court held that only the period of actual custody undergone by an accused can be considered while computing the permissible period for police custody or statutory bail, and the duration during which an accused remains on interim bail cannot be counted as detention.

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gift deed cancellation
Case BriefsHigh Courts

“It is quite vivid that though not explicit but implied condition of taking such care would continue throughout the lifetime of respondents exists, thereby it needs not be expressed as written condition to declare the gift deed to be null and void.”

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Jharkhand High Court stays investigation
Case BriefsHigh Courts

“The federal structure of our Constitution of India cannot be allowed to be destroyed and it is a duty of the High Court that once such type of matter is brought to the knowledge of the Court, the High Court is required to rise to the occasion.”

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criminalise consensual relationship
Case BriefsHigh Courts

“Criminal law is meant to protect genuine victims of crime, not to rewrite the history of a relationship that was voluntarily entered into, publicly acknowledged, and sustained over several years.”

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Ladli Behna Yojana
Case BriefsHigh Courts

The Court held that decisions relating to eligibility criteria, age limits, and closure of registrations fall within the executive policy domain of the State and are not amenable to judicial review in the absence of arbitrariness, statutory violation, or unconstitutionality.

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restoration of expired patent
Case BriefsHigh Courts

“The non-payment of renewal fee within the time was due to the fault of the authorised agent, and the date of expiry of the patent on 22-09-2021 was within the Covid-19 pandemic period.”

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negative DNA report in rape case
Case BriefsHigh Courts

“The purpose of DNA test in rape case is to facilitate the prosecution to prove its case against the accused and merely because the DNA test has a negative report”.

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assault on journalist Journalist assault
Case BriefsTribunals/Commissions/Regulatory Bodies

The NHRC has issued a notice to the Delhi Police Commissioner, calling for a detailed report on the matter within two weeks.

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Trump Tariffs
Case BriefsForeign Courts

After becoming US President for the 2nd time, President Donald Trump imposed tariffs by invoking his authority under International Emergency Economic Powers Act to deal with influx of illegal drugs from Canada, Mexico and large and persistent trade deficits.

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offering Namaz at restricted place
Case BriefsHigh Courts

The Court remarked that the in India, citizens of every faith, belief of different caste, creed and religion are free to follow their faith and belief as per their own rituals. However, considering the mixed culture of the society, certain yardstick and the suggestions have to be followed by the citizens.

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ANN patentability UK SC
Case BriefsForeign Courts

“It is sufficient to show that the subject matter of the claims has technical character and is not to a computer program “as such”. It follows that the UKIPO was wrong to decide, for the reason it did, that the application for a patent should be refused.”

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systemic failure in land acquisition proceedings
Case BriefsHigh Courts

“A large number of cases disclosed unjustified delay of nearly three decades in completing land acquisition proceedings even after taking possession of the petitioners’ lands which resulted not only in grave prejudice to the landowners but also in substantial and avoidable financial burden on the public exchequer.”

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