Section 138 NI Act on Cheque for Time-Barred Debt
Case BriefsHigh Courts

“A meaningful reading of Sections 20, 118 and 139 of the NI Act makes it clear that a person who signs a cheque and delivers it to the payee remains liable unless he successfully rebuts the statutory presumptions.”

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man filed petition in NGO's name unauthorized
Case BriefsHigh Courts

“Clearly when an unauthorized person files a petition of this nature for taking action against unauthorized construction, the said conduct is not only deceitful, but also misuse and abuse of the process of law.”

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mangrove restoration in Kunhimangalam
Case BriefsHigh Courts

“The petitioner had informed many officials about individuals engaged in the real estate business who had made roads and destroyed mangroves on a large scale to convert the area into a commercial resort, thereby affecting the biodiversity and environment of the river, obstructing the free flow of water, and impacting the inter-tidal zone.”

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Habeas Corpus in Missing Person Investigation
Case BriefsHigh Courts

“The unlawful detention is the sine qua non for issuance of writ of habeas corpus.”

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sharing WhatsApp video PM Modi
Case BriefsHigh Courts

“The alleged video also included audio suggesting that the two leaders were engaged in a conversation, expressing concerns that the public in both countries was dissatisfied with their leadership and sought to remove them from office.”

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Right to safe roads is fundamental right
Case BriefsHigh Courts

“It is high time that compensation be awarded to victims or their families who have suffered deaths or injuries on account of potholes, only then will it serve as a wake-up call for the agencies. Refusing to award compensation, and merely to remind the civic authorities of their duties, would amount to rendering mere lip service to the citizens’ fundamental right to safe roads.”

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reservation for transgender persons in public employment
Case BriefsHigh Courts

“The Parliament, though has enacted the Transgender Persons (Protection of Rights) Act, 2019 and has also framed Rules thereunder, however, it appears that the welfare measures, which may be made pursuant to the statutory obligations cast on the Governments under the said Act, have also not been made.”

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Suniel Shetty Personality Rights
Case BriefsHigh Courts

Defendant 1 was circulating AI-generated images/ deepfakes falsely depicting Suniel Shetty and his family members in obscene and salacious manner on various social media platforms.

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Legal heir's absence no ground to refuse mutation of property
Case BriefsHigh Courts

“A share was earmarked to the excluded sharer as well, even though the same might not preclude the rights of the excluded sharer to challenge the partnership deed.”

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Hijab in School Row
Case BriefsHigh Courts

On October 10, the guardians of the student, allegedly accompanied by over six persons, forcefully entered the school premises and manhandled the security personnel. Another group reportedly gathered outside the school gates and began raising slogans in protest.

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authorities not following Prison Rules
Case BriefsHigh Courts

“The State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health.”

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eviction proceeding by landlord
Case BriefsHigh Courts

“With respect to the bona fide requirement of the landlord, the landlord was only to make out a legitimate case setting out the plausible reason which are not fanciful and unreasonable to establish a bona fide requirement of the subject premises.”

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Prosecuting directors
Case BriefsHigh Courts

“Section 278B of the Income Tax Act, 1961 creates a deeming fiction whereby both the Company and every person in charge are deemed guilty of the offence. The legislative intent is clear that the Company must first be arraigned, only then can its officers be fastened with vicarious liability.”

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"Being done arbitrarily in absence of any definite parameters": Allahabad HC issues guidelines for preliminary assessment under S. 15 Juvenile Justice Act
Case BriefsHigh Courts

“The issue of preliminary assessments is a delicate and difficult task which requires expertise. As of now, it is being done in arbitrary manner in absence of any definite parameters/ guidelines for the same.”

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delay sufficient for filing condonation
Case BriefsHigh Courts

“In criminal jurisprudence, the right of speedy trial is recognised as a fundamental right and just because the accused had participated in the trial at one stage, at other stage he does not lose a right to ask for bail.”

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WIPRO well-known trade mark
Case BriefsHigh Courts

“WIPRO has been expanding into various sectors since the 1980s and has obtained various registrations for the ‘WIPRO’ mark in various classes with the earliest registration in the year 1991.”

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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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