regularisation of 13-years daily-wage service
Case BriefsHigh Courts

“The deceased employee had rendered continuous daily waged service for 13 years from 1985 till his regularization, which worked out to be 2 years regular service after giving weightage of 1-year regular service in lieu of 5 years of daily wages service, and had rendered 9 years of regular service, making it a total of 11 years.”

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landlord not required to disclose exact use
Case BriefsHigh Courts

“The Delhi Rent Control Act, 1958 is silent about any requirement of the landlord giving the details/ divulging anything qua the nature/ purpose/ disclosure of the proposed new business by the landlord.”

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man accused of robbing senior citizen
Case BriefsHigh Courts

“It is to be seen that victim is an elderly person, who would have been in a state of shock, such incident does not happen to everybody. It is a rare incident, which gets embedded in the mind and which cannot be forgotten.”

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plea of alibi cannot be considered at charge sheet stage
Case BriefsHigh Courts

“Filing of charge-sheet is not an empty formality and it should contain all the details for not sending accused for trial, to enable the Magistrate to decide whether to accept the report and discharge the bonds or order further investigation or to take cognizance of the offence.”

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Compensation deposit S. 148 NI Act
Case BriefsHigh Courts

“The purpose behind directing to deposit as enumerated under Section 148 of the NI Act in appeal is at least to recover plausible compensation amount to provide some relief so as to save his business.”

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relinquishing property rights is not gift
Case BriefsHigh Courts

“The sisters executed the Relinquishment Deeds (‘RD’) to release their share in favour of their brother, and there was no economic consideration exchanged at the time of the execution. All the RDs were basically acknowledging the bequest made by the father in favour of his son.”

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bail to Ajaz Khan over remarks on Harsh Beniwal's family
Case BriefsHigh Courts

The audience may be influenced by the material posted by social medial influencers and thus even if the content is deleted after being posted, it would reach a large set of audience, leading to republishing of the same and sparking a debate, which eventually affects the victim.

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Courts can decide arbitrability
Case BriefsHigh Courts

“It was not disputed that the plaintiff’s prayer in the suit for recovery of the amount would be arbitrable. However, the plaintiff also sought redemption of mortgages executed in its favour and this was where the plaintiff claimed that the said claim was not arbitrable.”

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blanket injunction in trade secret
Case BriefsHigh Courts

“The impugned order is thus not only vague but draconian and contrary to a party’s constitutional and legal right to carry on any trade or business.”

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YouTuber restrained
Case BriefsHigh Courts

“The test reports and regulatory clearances from FSSAI and BIS prima facie establish compliance with standards for safety and quality of the Indospirit Beverages’ Product ‘BROCODE’.”

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pre-arrest bail in digital fraud case
Case BriefsHigh Courts

“There were serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims.”

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Constable accident compensation
Case BriefsHigh Courts

“The claimant stated that he incurred heavy medical expenses and suffered disability, resulting in a downgrade from B-1 to C-1 position and a monthly income loss of Rs 7,000, and therefore sought enhancement through a cross-objection.”

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subsisting first marriage maintenance claim
Case BriefsHigh Courts

“However, even presuming that for the sake of discussion the marriage between the husband and wife is void, still the wife is entitled to claim maintenance under Section 125 of the CrPC.”

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JIO trade mark infringement
Case BriefsHigh Courts

The defendants were engaged in providing taxi services across Dehradun and Delhi and were marketing themselves as an inter-state national level service, using the name ‘JIO’.

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Anil Ambani RCOM
Case BriefsHigh Courts

“Personal hearing cannot be demanded as a matter of right, unless specifically mandated by statute or rules. The principles of natural justice cannot be applied in a straitjacket formula; their application depends on the facts and circumstances of each case”

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father's murder conviction
Case BriefsHigh Courts

“We are of the view that in ordinary circumstances, no parent would cause fatal injury to their children, howsoever frustrated or dejected he or she may be.”

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ill-treating stepchildren is cruelty
Case BriefsHigh Courts

“If the wife ill-treated the children, it would certainly cause an apprehension in the husband’s mind that it would be harmful or injurious for him to live with her where the expression ‘harmful or injurious’ was not confined to physical acts alone, but extended to mental torture as well.”

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Unclaimed Notice Not Valid Service
Case BriefsHigh Courts

“A refusal for the purpose of service of notice should be taken to be a sufficient service, if such refusal is by the addressee or by the noticee himself/herself.”

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mechanical approach in process patent registration order
Case BriefsHigh Courts

An invention must show an inventive step over prior art. However, the Patents Act, 1970 lacks clear guidelines to assess this, leading Examiners to decide applications and oppositions in a rule of thumb manner, purely based on their subjective opinions. This is, clearly, a thoroughly legally unsatisfactory position.

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Bail to 25-year-old murder accused
Case BriefsHigh Courts

“The victim tried hanging herself due to the trauma caused because of the accused’s attempt to commit penetrative sexual assault. He brought her down, but when she started shouting, he smothered her which led to her brain death.”

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