Thursday, 09, May, 2024
उत्तराखंड वनाग्नि पर शीर्ष अदालत ने कहा- कृत्रिम या मौसमी वर्षा हल नहीं, आग न लगे इसका जतन करें
'जीएसटी की वसूली के लिए केंद्र जबरदस्ती न करे', सुप्रीम कोर्ट ने कहा- कारोबारियों को धमकाया नहीं जाए
'KYC में वैकल्पिक तरीके अपनाए केंद्र सरकार', तेजाब हमले की पीड़िताओं की सुप्रीम कोर्ट से गुहार
HC Expounds ‘Judicial Review of tender processes and award of contracts is limited only to the cases that involve material violation of terms,’ Read Judgment
HC: ‘A mere report filed by the Investigating Officer, without examining witness, cannot be treated as evidence in the Departmental Proceeding,’ Read Judgment
‘Utter defiance of court’s earnest request’; HC grants bail to accused in custody for more than six years, Read Judgment
HC Expounds: ‘The High Court can only look at the fairness of the process and not of the conclusion in a Judicial Review of Departmental Proceedings,’ Read Judgment
HC Expounds ‘An act of unlawful entry into the territory of India cannot be punished u/S. 419 and 420 of the IPC,’ Read Judgment
HC: ‘Employees who have not received their withheld pension amounts have the legal right to seek recourse in court’, Read Judgment
‘Torture in custody flouts the basic rights of the citizens’; HC directs State to pay Rs 2 lakh compensation to man subjected to Custodial Violence, Read Judgment
HC Expounds: ‘No recovery can be effected from employees who have been given excess payment due to wrong fixation of pay without any fraud’, Read Judgment
[HMA] HC Expounds: Saptapadi ceremony is an essential ingredient to constitute a valid Hindu marriage’, Read Judgment
HC Expounds ‘An Appellate Court cannot dismiss an appeal on default and has to give its decision on merits’ Read Judgment
HC: ‘Party seeking condonation of delay cannot allege non-information by counsel about disposal in case in which party doesn’t contact Counsel for 6 years’, Read Judgment
‘Testimony of the victim unreliable’; HC sets aside the order of Conviction in a Rape case, Read Judgment
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Thursday, 09, May, 2024
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Deepak Meena
HC Enunciates: Mala fides or bona fides cannot be seen at the stage of exercising jurisdiction under Sec- 482 Cr.P.C., Read Judgement
HC Expounds: Its mandatory for using a Will in evidence that at least one attesting witness be called in Witness Box, Read Judgement
HC Opines: Candidate cannot be rejected for having indulged in unfair practice without notice or opportunity of hearing, Read Judgment
HC Reiterates: Confession made by co-accused is inadmissible because of Sec-25 Indian Evidence Act and cannot be used to deny bail, Read Judgment
SC Enunciates: Dismissing a Complaint by exercising power under Section- 203 CrPC doesn't amount to conducting a Mini-Trial, Read Judgement
HC Reiterates: Merely calling a Woman on phone doesn't satisfy ingredients of Section 354-D unless there is an attempt to foster personal interaction, Read Judgement
HC Propounds: Period prescribed under Sec-468 Cr.P.C. starts running from day when Drug Inspector comes to know of violation of Drugs Act, Read Judgement
HC Expounds: Even where rigours of Sec-37 NDPS Act don't apply, bail cannot be claimed as a matter of right, Read Judgment
HC Enunciates: GST registration of a person cannot be cancelled on subjective criteria, it must be based on some objective criteria, Read Judgement
HC Propounds: A person not being the drawer of a cheque cannot be prosecuted under S. 138 of the NI Act even if the cheque was issued in discharge of his liability, Read Judgement
HC Enunciates: When a trademark is indicative of the characteristics of the goods in respect of which it is used, there is no infringement, Read Judgement
SC Propounds: Manufacturing of documents or fabrication of records cannot be a part of the official duty of a public servant, Read Judgement
HC Enunciates: Merely challenging one’s termination to a public authority doesn't make termination a subject matter of a petition under Article 226, Read Judgement
HC Opines: In an application under Section 145(2) NI Act, applicant must disclose proper reasons for seeking an opportunity to cross-examine the Complainant, Read Judgement
HC Reiterates: A matter should be remanded back by a Superior Court to a Trial Court only when some factual inquiry is required which cannot be done at the appellate stage, Read Judgement
HC Propounds: Non-appearance for investigation on one or two dates cannot be a ground for cancellation of bail, Read Judgement
HC Enunciates: When a Trademark is indicative of the characteristics of the goods in respect of which it is used, there is no Infringement, Read Judgement
HC Opines: Disease detected within a short period after joining Military cannot be attributed to 'Military Service', Read Judgement
HC Propounds: An order denying Right to Travel abroad cannot be passed on mere allegations of Opposite Party, Read Judgement
HC Enunciates: DRT shall be approached against measures of Secured Creditors under Section 17 SARFAESI Act, Read Judgement
HC Enunciates: Liability of a Partner is vicarious and Partnership Firm itself must be impleaded in a proceeding under Section 138 NI Act, Read Judgement
SC Holds: Voluntary Surrender prevents Custody despite absence of Summoning Order from court after taking cognizance on Chargesheet, Read Order
SC expounds: If the accused isn't guilty of the predicate offences in section 2(b)(i), prosecuting them under the gangster’s act is unjustified, Read Judgement
HC Expounds: A person should have been responsible for the conduct of the business of the company to initiate proceedings against him under Section 141 of the NI Act, Read Judgement
HC Propounds: Once a Candidate voluntarily participates in Selection Process, he cannot be permitted to challenge the same after emerging unsuccessful, Read Judgement
HC Enunciates: Under Section 482 CrPC, court doesn't examine correctness of the allegations, Read Judgment
The statement of an accused would not be admissible under S. 27 of the Evidence Act if the discovery had already been made when the accused gave information, rules SC, Read Judgement
False explanation of accused under Sec 313 Cr.P.C. cannot be used as an additional link to complete chain of circumstances, opines SC, Read Judgement
If Accused fails to rebut the presumption under NI Act, Court is not required to assist him in collecting evidence, opines SC, Read Judgement
Doctor’s opinion based upon probability cannot prevail over ocular evidence of eyewitnesses, rules SC, Read Judgement
Arbitral Award can be overturned on the basis of factual discrepancies only if they go to the root of the matter, opines HC, Read Judgement
Grave and uncorroborated allegations of cruelty against the spouse, unsubstantiated during the divorce proceedings amount to cruelty, rules HC, Read Judgement
Fundamental Right to travel abroad cannot be curtailed only because of failure to pay a bank loan, expounds HC, Read Judgement
Court has power to grant exemption or No Objection Certificate as per provisions of the Passport Act, rules HC, Read Judgment
When charges are altered, prosecution and accused must be allowed to recall Witness, opines HC, Read Judgement
SC enunciated: Omission of Ballistic Report is fatal for prosecution if direct evidence lacks credibility or exhibits inconsistencies, Read Judgement
HC Enunciates: The bar of judicial intervention to direct the temporary release of a detenu does not affect the HC’s jurisdiction under Article 226 to release the detenu, Read Judgement
SC enunciated: The limitation period mentioned under Section 378 of CrPC does not exclude the applicability of the Limitation Act for condonation of delay in filing an appeal, Read Judgement
HC Expounds: Freedom of the press and right to privacy have to be balanced, but public figures are subject to a higher level of scrutiny, Read Judgment
HC Opines: A Plaint cannot be rejected under OVII R11 CPC on ground that averments in amended plaint are an afterthought or mala fide, Read Judgement
HC Reiterates: A finding based on no evidence at all or an award that ignores vital evidence is perverse and liable to be set aside on the grounds of patent illegality, Read Judgement
HC: A Report from Transport Authority that Driver's License was fake would not lead to an inference that Vehicle Owner knew about license being fake, Read Judgement
HC Opines: Applicant to a Post cannot be categorically granted any relaxation in possessing essential qualifications for the post, Read Judgement
SC Expounds: Amendments altering nature of Suit are permissible only if due diligence is proven and not due to oversight and mistake by Party, Read Judgement
HC Expounds: Benefit of doubt arising from any vagueness in prescribed educational qualification would be given to student and not to establishment, Read Judgement
HC Propounds: Failure to mention relevant evidence doesn't entitle a person to file a subsequent Bail Application without a change in circumstances, Read Judgement
HC Propounds: Offence under Section 398 IPC cannot be invoked with the aid of Section 34 IPC on the basis of constructive liability, Read Judgement
HC Enunciates: An act of wife in trying to turn children against their father is a case of parental alienation amounting to an act of grave Mental Cruelty, Read Judgement
SC Expounds: Forging Husband’s signature to obtain passport for child doesn't amount to cheating when it confers no benefit upon Wife, Read Judgement
Marriage with distant relative void: HC Upholds Validity of Section 5(v) of the HMA Act 14, Read Judgement
HC Expounds: Admission of signatures would trigger the presumption under Section 139 NI Act but is not sufficient to convict accused under Section 138, Read Judgement
HC Expounds: Mere fact that if immediate expert treatment were available, deceased could have survived is not sufficient to acquit accused, Read Judgement
An order curtailing a person's right to travel abroad cannot be passed without assigning reasons for imposing the restrictions, expounds HC, Read Judgement
SC Reiterates: Mere anger or emotional outbursts without a deliberate intention cannot be considered to be an instigation for suicide, Read Judgement
HC Opines: A charge sheet issued in departmental proceedings can be quashed by the Court on account of an inordinate delay in the commencement of the proceedings, Read Judgement
Supreme Court emphasizes close scrutiny in cases of sexual harassment within close confines amidst doubtful testimony, Read Judgement
SC expounds: Workers performing permanent or perennial tasks will be classified as Regularised workers instead of contractual workers, Read Judgement
Supreme Court affirms disregard of bill of entry for undervalued subsequent imports compared to previous transactions under Customs Act, Read Judgement
HC Enunciates: A borrower cannot avoid its liability on the ground that the lender has not enforced its security interest, Read Judgement
HC Enunciates: Mere non-filing of returns for a period does not mean that a person’s GST registration can be cancelled retrospectively for the period when returns were filed, Read Judgement
Statement of Accused not admissible if discovery had already been made when accused gave information, expounds SC, Read Judgement
HC Opines: Misuse of Sec 391 Cr.P.C. to delay proceedings amounts to miscarriage of justice, Read Judgement
[NDPS Act] Chargesheet without FSL Report not incomplete: Delhi High Court denies bail, Read Judgment
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