Sunday, 12, May, 2024
Kerala Court directs CBI to reinvestigate Jesna Missing Case
Supreme Court to hear Hemant Soren’s plea against arrest in ED Case on May 13th
The Courts Today By LatestLaws.com| 11.05.2024 |
Shardul Amarchand Mangaldas elevates outstanding talent to Equity Partner, Strengthening Leadership Team
Lok Sabha Election 2024: Plea in Supreme Court questions EC’s delay in release of poll turnout data
LatestLaws.com Partner Event: INBA's 13th Annual International Conference- '75th Constitution Day' and 10th Annual Awards 'Voice of Legal Fraternity', 26th Nov 2024
High Court seeks Advocates opinion on Court relocation, says ‘environment first’
हाईकोर्ट: विश्वविद्यालयों में छात्रों के सुधार और पुनर्वास की गाइडलाइन लागू करवाए सरकार
Terror case: Delhi HC grants bail to alleged Indian Mujahideen operative
Cash Transfers in Andhra Pradesh stopped by High Court until 4th Phase Voting
TET: हाईकोर्ट की फटकार, 15 दिनों में रिक्त पदों की जानकारी दें शिक्षा व जनजातीय कार्य विभाग
Don't make it a prestige issue: SC asks Centre to clear bills of Lawyers representing Delhi Govt
अवैध निर्माण होने ही क्यों देते हो... हाईकोर्ट ने MCD से पूछा- आपके अधिकारी करते क्या हैं?
Amritpal’s nomination filing process facilitated in Assam jail: State Govt to Punjab & Haryana HC
Activist Narendra Dabholkar Murder Case: Pune Court convicts two, acquits three after 10 years
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Sunday, 12, May, 2024
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Mehak
Doctrine of Lis Pendens: Explained
High Rate of Acquittal in Rape Cases: Cause and Concern
HC expounds Court while framing charges is not to and cannot be expected to appreciate and delve into the probative value of the material collected during investigation [Read Order]
Habeas Corpus Writ Petition to Transfer the Case to some specialized agency disposed of by HC [Read Judgment]
HC expounds Pleadings and Evidence have to be read as a whole and no single instance can be picked and read in isolation [Read Judgment]
HC expounds Frivolous Petitions filed only to interfere with the Investigation and to arm-twist the Police Officers ought not to be Entertained [Read Judgment]
Recovery Rights granted by the Tribunal on the ground of invalid Permit set aside by HC [Read Judgment]
Most of the subjects are practical Subjects and their study is not possible through distance Education: SC while examining the term Equivalent Qualification [Read Judgment]
HC: Victim is happily married and has been raising a Family Together is a Ground enough to Grant Bail to Accused [Read Judgment]
Petition by Physically Disabled Candidate to create an Independent Appellate Medical Disability Board allowed by HC [Read Judgment]
Fixation of Eligibility Criteria is a Matter for the University to Decide: Courts should never make an Endeavour to sit in Appeal over the Decisions of Experts [Read Judgment]
On the basis of Prior Possession, the Petitioner cannot claim more valuable Land as a matter of right [Read Judgment]
HC expounds once the Application u/s 169 Cr.P.C dismissed while taking the Cognizance against Accused, the court cannot interfere [Read Judgment]
50% Court Fees refunded by HC on the ground of Amicable Settlement between the parties out of the court [Read Judgment]
HC granted Bail as the Trial will take a Long Time due to restrictions imposed to prevent the spread of COVID-19 [Read Judgment]
Petition seeking Protection of Life and Liberty In Marriage Accepted By HC [Read Judgment]
HC ordered to take disciplinary action against Addl. Sessions Judge for granting Bail in an Arbitrary manner by Twisting facts [Read Judgment]
HC quashed FIR in a matrimonial dispute on the ground that matter stands amicably resolved between the parties [Read Judgment]
The contraband recovered was weighed along with the Polythene: HC while allowing Bail under NDPS Case [Read Judgment]
HC declined Bail Application to Accused charged of violating a 12-Year-Old Girl [Read Judgment]
HC reiterates compounding of offence can be allowed even after conviction [Read Judgment]
HC allowed the Petitioner to Travel abroad to earn their Livelihood during the pending Proceedings [Read Judgment]
HC: The Decision of Arbitral Tribunal is Final unless it is Patently Illegal or is contrary to the Public Policy of India [Read Judgment]
HC declined to grant Bail to the Petitioner charged of taking Obscene Photographs of his Wife [Read Judgment]
Power of Review can be exercised for correcting a mistake but not to substitute a view: HC while looking into Order XLVII Rule 1 CPC [Read Judgment]
HC ordered to change the mark similar to another on the ground that it shall create confusion and cause damage to the career of students [Read Judgment]
Conduct of a Professor need to be blemish-free: HC while dismissing the Petition of a Professor charged of Sexual Harassment [Read Judgment]
HC: No Requirement to fix a time limit for taking possession of the secured asset while Exercising Jurisdiction under SARFAESI Act [Read Judgment]
HC allowed the Petition on Ground that no Show Cause Notice was issued to the Petitioner [Read Judgment]
Statute is a beneficial legislation and just a fair compensation has to be awarded: HC while accepting petition for enhancement of compensation [Read Judgment]
Sole Arbitrator through DIAC appointed by HC to adjudicate the Dispute between the Parties [Read Judgment]
There is doubt about the validity and execution of the Family Settlement: HC while rejecting a Petition in a Family Dispute [Read Judgment]
HC grants Bail on the ground that the accused is not involved in any other case under the NDPS Act previously and nothing is recovered from him [Read Judgment]
HC reiterates Inherent Power can be used by the Court to Quash Criminal Proceedings in which a compromise has been effected [Read Judgment]
HC: Transfer being a matter of Administrative Exigency, the Court generally refrains to interfere, unless it is a case of extreme hardship [Read Judgment]
HC: If the actions of the secured Creditor are Arbitrary and Violates Article 14- A Writ Petition cannot be said to be not maintainable [Read Judgment]
HC: Appropriate Reliefs must be given to the Right of the Senior Citizen’s to Live Peacefully in a shared Household [Read Judgment]
HC dismisses Bail Application on the ground that Injuries given by the Petitioner were Sharp and Grievous to Life [Read Judgment]
HC: ‘Last Seen’ Evidence in the absence of any other Corroborative Evidence may not be sufficient to connect the Petitioner with the Alleged Murder [Read Judgment]
HC granted bail to the petitioner on the ground that the main dispute is of cheating and he is not the beneficiary under any transaction [Read Judgment]
HC granted bail and gave a final opportunity to reform to the petitioner with a history of six criminal cases on the basis of his Young Age [Read Judgment]
HC: All Agreements relating to Immovable Properties, which are to be used Exclusively in Trade & Commerce are covered within the ambit of ‘Commercial Dispute’ [Read Judgment]
HC: Gravity or seriousness of the allegations alone cannot be a ground to deny bail if facts and circumstances of the case entitles the accused to be released on bail [Read Judgment]
HC: Statement of Child Witness, even though made after some time, does make out a Prima Facie Case of Section 302 IPC [Read Judgment]
HC: ‘Words commonly used in the Trade are Descriptive in nature and cannot be used as a Trademark by one Entity to exclude such use by others’ [Read Judgment]
HC: ‘It cannot be said that if an Appellate Court refuses to Exercise its Powers u/O 41 Rule 33, it is in Gross Illegality or Violation; [Read Judgment]
HC: ‘Provision which places a fetter on the right of the bhumidar to effect transfer then stands comprised in section 33 of Delhi land reforms act’ [Read Judgment]
HC: ‘Arbitral Tribunal is Final Authority for interpreting the Contract & Impugned Award cannot interfere just because a different Interpretation is possible’ [Read Judgment]
HC: It is not for the court to fix a value to what is offered as consideration and conclude that consideration had passed [Read Judgment]
HC: ‘Scope for Interference u/A 227 is Limited in the case of commercial suits’ [Read Judgment]
HC: Article 227 can interfere only in the cases of Patent Illegality or Manifest error causing prejudice to a party [Read Judgment]
HC: Executing Court has the power to pass any Incidental or necessary Order to Ensure that the Decree for Possession is fully enforced [Read Judgment]
HC: SC category candidate cannot claim a Right to be appointed under the General Category even if he secures more marks [Read Judgment]
HC: Due process can even mean rejection of Relief in a proceeding initiated by the occupants or persons in possession [Read Judgment]
HC: Equitable Considerations have to be weighed in while entertaining petitions under Article 227 [Read Judgment]
The Purpose and Import of Section 6 is to give quick and immediate relief to any person who has been dispossessed: HC while looking into Specific Relief Act [Read Judgment]
HC: Party claiming Adverse Possession must show that Possession is adverse to the True Owner and must start with wrongful dispossession of the Rightful Owner [Read Judgment]
HC expounds persons running Shops & conducting businesses within the mandir premises cannot be compared with the Jhuggi Jhopri Dwellers [Read Judgment]
HC reiterates there shall be no Interference if the courts are unable to discern any legal infirmity or error either in the decision of the Tribunal or HC [Read Judgment]
HC: Person not in-charge of Affairs of the Accused company at the time when the Offence was committed, cannot be held Vicariously Liable [Read Judgment]
HC: Once an application is filed by the accused, the court is obliged to summon the person who has given evidence on affidavit in terms of section 145(1) NIA [Read Judgment]
HC: Heinous and Serious Offences of Mental Depravity like Rape, cannot be quashed on the basis of Compromise between the parties [Read Judgment]
HC reiterates Procedural and Technical hurdles shall not be allowed to come in the way of the Court while doing Substantial Justice [Read Judgment]
HC reiterates that quoting a wrong statutory provision does not create a bar and stand in the way of considering the application [Read Judgment]
HC: Object of S. 125 Cr.P.C is to prevent vagrancy and destitution of a deserted wife by providing her Food, Clothing and Shelter by a Speedy Remedy [Read Judgment]
It is unclear as to why none of the parties are taking any steps to give effect to the decree for partition: HC while rejecting suit for Permanent & Mandatory Injunction [Read Judgment]
HC: Migration is not a vested Right of any student and can be granted only upon valid Reasons [Read Judgment]
HC: If a statute provides for a thing to be done in a particular manner, then it has to be done in that manner alone and in no other manner [Read Judgment]
HC: Whenever a Possession Decree is passed, the court ought to exactly identify the property in question along with the complete description to avoid Litigation [Read Judgment]
HC: Opening words of Section 482 Cr.P.C indicate that none of the provisions of the code limits or restricts the Inherent powers of Section 482 Cr.P.C [Read Judgment]
HC reiterates that in exceptional situations, the delay in filing the written statement beyond the statutorily permissible limit can be condoned [Read Judgment]
HC: In case of an application challenging the order granting bail, Court has to see whether the order granting bail was vitiated by any serious infirmity or not [Read Judgment]
HC reiterates if the testimony of the child victim inspires confidence and is reliable, it is sufficient to record the conviction [Read Judgment]
HC reiterates that evidence of an injured witness must be given due weightage being a stamped witness, thus his presence cannot be doubted [Read Judgment]
HC reiterates that Writ Court is not to sit as an Appellate Authority and re-examine the decisions of Academic bodies on academic matters [Read Judgment]
HC: Disposal manual does not indicate that provision u/S 451 Cr.P.C can be invoked for disposal of goods confiscated under the customs act [Read Judgment]
HC: Purpose of S. 362 Cr.P.C. is that once a court delivers a Judgement or a final order disposing of a case, it cannot be reconsidered or modified [Read Judgment]
HC: The expression ‘in relation to candidature’ should include information concerning the educational qualification of a candidate [Read Judgment]
‘Both sides have consented that disputes are Arbitrable and consented to the appointment of an arbitrator’: Sole Arbitrator appointed by court as per the Agreement between the parties [Read Judgment]
HC: Every error of law committed by the Arbitral Tribunal would not fall within the expression Patent Illegality [Read Judgment]
HC reiterates that while ascertaining two rival marks, as to whether they are deceptively similar or not, it is not permissible to dissect the words of the two marks [Read Judgment]
HC: If the accused shows his sincere intention and desire to appear before the court, then it would not be unjustified to protect him from being arrested [Read Judgment]
HC: Interim Pre-Arrest Bail has been extended to co-Accused, but considering the seriousness of offence, Pre-Arrest Bail cannot be granted to the petitioner [Read Judgment]
HC: No extraordinary justification to direct investigation by CID or SIT since petitioner has a remedy to approach the court of competent jurisdiction [Read Judgment]
HC reiterates that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, S. 320 would not be a bar to the exercise of the power of quashing [Read Judgment]
HC: If there is any perversity in the findings returned by learned courts below, then the same be interfered with so that no injustice is meted out to a party [Read Judgment]
HC: Ground that prisoner’s release on parole would send a negative message to the society cannot be countenanced [Read Judgment]
HC: Precaution to be taken by Court u/O XI Rules 2 & 14 CPC is to ensure that the applicant is not embarking on a roving or Fishing Inquiry [Read Judgment]
HC: In order to be entitled to interim protection, a prima facie case and what irreparable harm & injury would be caused in absence of interim protection must be disclosed [Read Judgment]
HC: Pregnant Woman should have a right to seek medical termination of pregnancy when it is likely to cause grave injury to her mental health [Read Judgment]
HC: Priority has to be given to Matriculation Certificate and in the absence thereof, to the date of Birth Certificate from the school first attended other than a play school [Read Judgment]
HC reiterates that once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the status and make a fresh claim [Read Judgment]
‘Twin conditions u/S. 45 not being applicable, the Triple Test is required to be applied to grant Bail’: HC while looking into Prevention of Money Laundering Act
‘Vehicle is a petrol vehicle and has completed 15 years cannot be permitted to ply in Delhi NCR and has to be deregistered”: Delhi HC [Read Judgment]
HC: While adjudicating an Application U/O. VII Rule 11, Plaint as a Whole has to be Rejected if the conditions mentioned are fulfilled [Read Judgment]
HC: Judges are not medical professionals or experts; courts, to be able to decide such issues, needs an expert opinion from credible persons in the field [Read Judgment]
‘Offence was not committed in a pre-meditated manner but on the spur of the moment’: HC ordered to modify the sentence of appellant to the period already undergone [Read Judgment]
HC: S. 307 IPC would be attracted as in the case of firing when no resultant injury is suffered by the victim [Read Judgment]
HC: Site for which petitioner had submitted his bid, cannot be allotted for parking purposes, no Mandamus can be granted to the respondent to allot the said site [Read Judgment]
HC: Garb of Reassessment Proceedings, Appellant cannot seek to verify the same details on the strength of material which was already available on record [Read Judgment]
HC: Unless the Statute specifically rules out the application of Natural Justice; the rules of Natural Justice would apply including the right to personal hearing [Read Judgment]
HC: If there is no such dispute relating to the identity of the Suit Property, Trial Court shall proceed in the matter, in accordance with law [Section 14(1)(E) Of The DRC Act] [Read Judgment]
HC: Electricity is one of the Fundamental Rights for existence and protected u/A 21, Alternative Remedy will not debar someone from filing a Petition u/A 226 [Read Judgment]
HC: Both sides have themselves proposed names of their nominee Arbitrators, which is acceptable to other side, disputes shall be adjudicated by the Arbitral Tribunal [Read Judgment]
HC: Cause of Action for Filing Suit has accrued in Delhi; Order holding that no part of Cause of Action has arisen in Delhi is Erroneous and is not Sustainable [Read Judgment]
HC: If Interim Direction is not issued in the matter, Pending Adjudication of the Petitioner’s Cause, the Application preferred by him will be rendered infructuous [Judgment]
HC reiterates that power under Section 482 Cr.P.C could be invoked where uncontroverted allegations made in FIR and evidence do not disclose any offence [Read Judgment]
HC reiterates unless the insurance company is able to show that there is a wilful breach of the policy on the part of the insured, it cannot avoid its liability [Read Judgment]
HC: Just because the photograph of the summons were sent through WhatsApp it cannot amount to overreaching the judicial system [Read Judgment]
HC: Cogent evidence is required for the Court to appreciate the illegality and extent of illegal construction, which cannot be done in a Writ Jurisdiction [Read Judgment]
HC: There is a distinction between a false promise given on the understanding that it will be broken, and a breach of promise made in good faith but not fulfilled [Read Judgment]
HC reiterates Repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action [Read Judgment]
HC: For interim compensation, the trial should be a summary trial, and notice should have been framed on which the accused has pleaded not guilty [Read Judgment]
HC: For rejecting plaint, the Court has the duty to consider the contents of the plaint, and not to examine the sufficiency of the evidence [Read Judgment]
HC reiterates Jurisdiction of Court u/A 227 is limited and discretionary, it does not extend to a reappreciation of evidence as an appellate forum [Read Judgment]
HC reiterate: No single party can be permitted to unilaterally appoint the Arbitrator, as it would defeat the purpose of unbiased adjudication of the dispute between the parties [Read Judgment]
HC: Adducing of evidence by the accused in support of his defence is also a valuable right and allowing the same is in the interest of Justice [Read Judgment]
HC expounds issue of the validity of notice and proceedings held subsequent thereto against a dead person is no longer res-integra [Read Judgment]
HC: At the stage of bail only Prima Facie case is to be seen but the Court cannot shut eyes to the material facts and circumstances emerging from the record [Read Order]
HC: Framing policies is the domain of the Government and it is not for this Court to direct framing of any policy [Read Judgment]
HC reiterates that if the bread-winner is killed on account of a motor vehicle accident, there is no justification to deny them compensation [Read Judgment]
HC reiterates Guidelines cannot be said to be laying down all the complex grounds that would make a candidate unfit for appointment to Armed Forces [Read Judgment]
HC reiterates Article 14 is a positive concept and no direction can be issued on the plea of discrimination, wherein the earlier decision itself was improper and wrong [Read Judgment]
HC: It is not necessary that a meticulous analysis of the case should be done before the trial to find out whether the case would end in conviction or acquittal [Read Judgment]
HC reiterates the mere presence of an accused in an unlawful assembly, when not as a curious onlooker or bystander, suggests that they were a part of the said assembly [Read Judgment]
HC: Delay beyond the limitation period can be condoned if ‘sufficient cause’ is shown by the party, especially if the party has not acted negligently or without bona fides [Read Judgment]
HC reiterates that if the rules do not permit re-evaluation, then the Court may permit re-evaluation only in rare and exceptional circumstances [Read Judgment]
HC: Any factory or establishment exists at a particular address or not is a factual issue that would have to be determined after evidence is led before the Labour Court [Read Judgment]
SC: Appellant has already suffered incarceration of more than twenty years; Jail authorities have recommended premature release/remission of sentence [Read Judgment]
HC: When right to a speedy trial is a concomitant of Article 21, it can be presumed that one of the facets would also be that the accused cannot be kept in custody indefinitely [Read Judgment]
HC reiterates Non-Bailable warrant should be issued to bring a person to court when a summons or bailable warrants would be unlikely to have the desired result [Read Judgment]
HC reiterates grounds for rejection cannot be enlarged by way of a counter-affidavit or an oral argument [Read Judgment]
HC: Standing doctrine characteristic is that a potential litigant must be injured by the action it is challenging [Read Judgment]
HC reiterates Right to Life does not merely mean animal-like existence but includes wider connotations to make the life meaningful [Read Judgment]
SC: Person who misleads the Authority in obtaining allotment of a plot is not entitled to any relief [Read Judgment]
SC: Deserted spouse must prove that there is a factum of separation and intention on the part of deserting spouse to bring the cohabitation to a permanent end [Read Judgment]
HC: O. 39 R. 4 is permissible only if the party seeking a temporary injunction, made a misleading statement [Read Judgment]
HC: In cases where there is no vestige of doubt that the claims are barred by limitation, the Court would decline to appoint an arbitrator [Read Judgment]
HC: No one can be permitted to hold two birth certificates containing two different birth dates as the identity of a person is also established by his date of birth [Read Judgment]
HC reiterates Person sought to be made liable should be in charge of and responsible for the conduct of the business of the company at the relevant time [Read Judgment]
HC expounds No scientific data available to show that installation of mobile phone tower and emission of waves by the said tower is harmful to the health [Read Judgment]
HC reiterates Economic offenses constitute a class apart and need to be visited with a different approach in matters of bail [Read Judgment]
SC: A policy for compassionate appointment, which has the force of law, must not discriminate on any of the grounds mentioned in Article 16(2), including that of descent [Read Judgment]
HC: Power under Article 227 cannot be exercised to upset conclusions unless the conclusions were so perverse that it becomes necessary for the court to interfere [Read Judgment]
SC: No amount can compensate the loss of amenities and happiness more particularly a person who is in coma since number of years and is bedridden for the entire life [Read Judgment]
HC: Even if assuming the party had been misled by the counsel, a delay of over 9 years cannot be held to be a reasonable delay [Read Judgment]
SC: The disablement has incapacitated him from doing the work which he was capable of doing; the case of the appellant will be covered by the definition of ‘total disablement’ [Read Order]
HC: Where the residence is a shared household, it does not create any embargo upon the owner to claim eviction against his daughter-in-law [Read Judgment]
HC: Findings of Court of Inquiry shall be in the nature of a preliminary report which shall facilitate the BSF in deciding its future course of action [Read Judgment]
HC: Merely because premises allotted to him at a time when he was facing a medical emergency cannot confer him with a right to seek retention of the quarter infinitely [Read Judgment]
HC: Scope of supervisory jurisdiction of this Court is limited to the correction of jurisdictional errors or cases, where a view was taken by the court, is perverse [Read Judgment]
HC reiterates a person who is ineligible to act as an arbitrator would also be ineligible to appoint an arbitrator [Read Judgment]
HC: Considering the Petitioner’s past conduct, the punishment awarded is commensurate with the gravity of the offences and calls for no interference [Read Judgment]
HC: Since the petitioner belongs to OBC Gurjar Caste, there is a ring of truth in what the petitioner has stated in the present writ petition [Read Judgment]
HC reiterates it is the doctors of the Forces who are well aware of the demands of duties and the physical standards required to discharge the same [Read Judgment]
HC: Where a special statute governs the relationship between the landlord and tenant, HC ought not to re-examine, unless they are unreasonable or perverse [Read Judgment]
HC: Defence of the accused cannot be looked at the stage of issuing summons unless the Apex Court describes as ‘unimpeachable in nature and sterling in quality [Read Judgment]
HC: Appeal u/S 260A of the Income Tax Act is to be entertained only when it directly and substantially affects the rights of the parties or is not free from difficulty [Read Judgment]
HC: An unconditional bank guarantee cannot be interdicted except on the grounds of egregious fraud and special equities [Read Judgment]
HC: An unconditional bank guarantee cannot be interdicted except on the grounds of egregious fraud and special equities [Read Judgment]
HC: Even if the impugned agreement not signed by the competent authority is accepted, then also it would not constitute an offence to be investigated by the CBI [Read Judgment]
HC: Contingent liability is only required to be disclosed by way of a note in accordance with the requirement of applicable Accounting Standards [Read Judgment]
HC reiterates when settlement is arrived at between the parties by not adopting a mode prescribed u/S. 89 CPC, the party may not be entitled to full court fee [Read Judgment]
HC: The degrees recognized by the UGC are India specific, which can be awarded by Indian institutions and not foreign ones [Read Judgment]
HC: While dealing with an objection of jurisdiction raised pre-trial under Order VII Rule 10 CPC, averments in the plaint and documents annexed is alone to be considered [Read Judgment]
HC: Test for determination of maintenance depends on the financial status of the husband, and the standard of living that the applicant was accustomed to in her matrimonial [Read Judgment]
HC: Mere pendency of the Civil Suit would not be a ground to disentitle a person from obtaining an electricity connection in their name [Read Judgment]
HC: Petitioner has prolonged history of previous involvements in seventeen heinous crimes, the possibility of petitioner threatening the material witnesses cannot be ruled out [Read Judgment]
HC: The right of residence under the DV Act is exclusive to and isolated from any right that may arise u/S 9 of the Hindu Marriage Act [Read Judgment]
HC: Courts should not interfere with the transfer order which is made in public interest unless the transfer order is made in violation of any mandatory statutory rule [Read Judgment]
HC: Once the said demand had been marked as ‘non-collectible’, there is no question of any refund being adjusted against the said demand [Read Judgment]
HC: In any event, the grounds urged in challenge to the order passed by the Estate Officer do not warrant interference at the interim stage [Read Judgment]
[Maharashtra Control of Organized Crimes Act] HC reiterates satisfaction is with regard to the likelihood of not committing the offence under the Act and not any offence whatsoever [Read Judgment]
HC: At the stage of framing of charge, court has power to shift and weigh the evidence for finding out whether or not a prima-facie case against accused has been made out [Read Judgment]
HC: Even if under the Indian Forest Act, there is light punishment, smuggling of red sandalwood is to be seen in the larger context of environmental degradation [Read Judgment]
HC: Trial Court has not even adverted to the questions raised before it but has proceeded on a completely different premise, which was not even the case [Read Judgment]
HC: The scheme of S. 79 of Delhi Municipal Corporation Act envisages that there cannot be two successive directions to withdraw in the same meeting [Read Judgment]
HC fails to consider the market rate as per the current potential of the suit property and reduces the mesne profits to 50% [Read Judgment]
SC reiterates Jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact [Read Judgment]
SC reiterates power u/S 319 CrPC has to be exercised sparingly and only in those cases where the circumstances of the case so warrant [Read Judgment]
SC reiterates Appellate court should not travel outside the record of the lower court and cannot take any evidence in appeal [Read Judgment]
SC expounds Judgment must have clarity on the exact relief that is granted by the Court so that it may not create further complication or difficulty in the execution [Read Judgment]
SC: Common intention contemplated by Section 34 of IPC requires a prearranged plan before a man can be vicariously convicted for the criminal act of another [Read Judgment]
[Section 4A (1), Employee’s Compensation Act] SC expounds liability to pay the compensation would arise immediately on the death of the deceased [Read Judgment]
[Order VII Rule 11 of CPC] SC reiterates rejection of a plaint by reading few lines and passages of the plaint impressible in nature[Read Judgment]
HC: Power to issue writ has its own well-defined limitations imposed by the HC’s, one of which is the availability of alternative efficacious remedy [Read Judgment]
HC: If the allegations in the FIR or complaint were inherently improbable, then the FIR and Charge-Sheet could be quashed [Read Judgment]
HC: Court must be cognizant of the fact as to whether the accused is likely to utilize the shield anticipatory bail to repeat the commission of the alleged offences [Read Judgment]
The Incident took place 24 years ago and the appellant has no criminal antecedents: HC while granting bail to the appellant [Read Judgment]
HC: Indefeasible right of an accused to seek statutory bail under Section 167(2) Cr.P.C. arises only if chargesheet has not been filed before the expiry of statutory period [Read Judgment]
HC: Standard of bias is one of apprehension, rather than of proof, the apprehension has to be real; not merely chimerical or fanciful [Read Judgment]
HC: Administrative powers are akin to the power of the Master of Roster, who alone has the prerogative to constitute the Benches and allocate cases [Read Judgment]
HC: Any change of category after the declaration of the results of the entrance examination would have far-reaching repercussions on the entire admission process [Read Judgment]
HC reiterates fundamental right to privacy cannot be considered to be as absolute but must bow down to compelling public interest [Read Judgment]
HC: It appears to be a case of matrimonial discord where the small child may be used as an instrument by the complainant to settle scores with the petitioner [Read Judgment]
HC expounds NHAI does not press its challenge to award of interest, this Court is refraining from making any objection in regard to award of interest [Read Judgment]
HC: The expression ‘human rights’ cannot be given a narrow or pedantic meaning; Human rights are both progressive and transformative [Read Judgment]
HC: In any event, it is not open to a High Court to distinguish a judgment of the Apex Court especially when the latter is clear and categorical [Read Judgment]
HC: Section 292BB does not give the power to condone the failure or delay in issuing the statutory notice required to be issued under Section 143(2) of the Income Tax Act [Read Judgment]
HC: Tax authorities are eligible to grant stay on deposit of amounts lesser than twenty percent of the disputed demand in the facts and circumstances of a case [Read Judgment]
HC: The Court's review of the arbitration agreement should be limited to a prima facie standard is the principle of competence [Read Judgment]
HC: Once issuance of a cheque and signature hereon are admitted, the presumption of a legally enforceable debt in favor of the holder of the cheque arises [Read Judgment]
HC: Denying the benefit of immunity on the ground that penalty was initiated under Section 270A of the Income Tax Act for misreporting of income is erroneous and arbitrary [Read Judgment]
HC: Power under O38R5 CPC is a drastic and extraordinary power; such power should not be exercised mechanically or merely for the asking [Read Judgment]
HC: Section 26 IPC explicates that a person is said to have ‘reason to believe a thing if he has sufficient cause to believe that thing but not otherwise [Read Judgment]
HC: Newspaper reports are of no evidentiary value; Courts would be clearly transgressing their well-settled limitations if cognizance were to be taken of such reports [Read Judgment]
HC reiterates arrest should be the last option and it should be restricted to exceptional cases where arresting the accused is imperative in the facts of that case [Read Judgment]
HC: Excuse of engaging a new counsel has been taken by the Defendant only to avoid the hearing; request for adjournment is clearly an excuse which is not liable to be entertained [Read Judgment]
[Specific Relief Act] HC: the word ‘matter’ is of wide and compendious scope and would include everything, which is the subject matter of the suit and grievance expressed therein [Read Judgment]
HC reiterates any amount received which is inextricably linked with setting up plant and machinery, such receipts are of a capital nature and cannot be taxed as income [Read Judgment]
HC: Mere showing of losses also ought not to deter Court from awarding damages, so long as the illegal use of a deceptively similar trademark is admitted or proved [Read Judgment]
HC: This is not a commercial suit where there is no discretion given to the Court to condone the delay beyond the maximum prescribed condonable period [Read Judgment]
HC: Unlike in a criminal case, in a case of infringement of registered Trade Marks or of passing off, the similarity of the marks used is to be considered [Read Judgment]
HC expounds Statements of witness’s recorded; Apprehension of State that accused will influence the witnesses does not hold any water [Read Judgment]
HC: Policy under review no ground to refuse to consider the application [Read Judgment]
[Condition imposed on Modicare Ltd.] HC: Design/ Logo-Mark shall proceed for advertisement; no exclusive rights to be used [Read Judgment]
HC expounds Accused remained in Jail for 4 years; application for suspension of sentence may be favorably considered [Read Judgment]
HC: Failure to comply with Section 28(3) of the National Medical Commission Act shows that they have chosen to act in an arbitrary manner [Read Judgment]
HC: Advertisement published in the Urdu language, cannot be presumed that it was targeted to a particular community only [Read Judgment]
HC: S. 10 CPC comes into play where the proceedings are between the same parties [Read Judgment]
HC: Mere custody without the awareness of the nature of such possession does not constitute an offence under the Arms Act, 1959 [Read Judgment]
HC reiterates economic offences constitute a class apart and need to be visited with a different approach in the matter of bail [Read Judgment]
HC: A foreign national cannot be forced to undergo incarceration till the conclusion of trial merely because she is unable to furnish a local surety bond [Read Judgment]
SC: Right against deprivation of property unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A [Read Judgment]
SC: When parallel proceedings are held on the basis of identical charges and evidence, employee should not be allowed to disclose his defence [Read Judgment]
SC: Condition u/S 43-D(5) of the Unlawful Activities (Prevention) Act is less stringent than the provisions contained in NDPS Act [Read Judgment]
SC: Sale with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining the compensation [Read Judgment]
HC: Rape not only destroys the personality of the victim but it also scars the mental psyche of the victim [Read Judgment]
Court must take into account, the nature of crime, injury suffered, and other relevant circumstances in fixing the amount of fine/compensation [Read Judgment]
HC: Right to access to justice includes the right to receive documents to which the parties are legally entitled [Read Judgment]
HC reiterates in cases of punishment of imprisonment up to seven years, an arrest is not the norm [Read Judgment]
HC: Merely because the University has to strictly adhere to a schedule for conferment of the degree, it cannot cause injustice to students [Read Judgment]
HC: Petitioner failed to showcase any sufficient cause for delay in seeking allotment of the flat; the Petitioner cannot be allowed to take advantage of her negligence [Read Judgment]
HC: Income Tax Act provides complete machinery for assessment of tax, the assessee is not permitted to abandon that machinery [Read Judgment]
HC reiterates menace of drug addiction did not only destroy the life of just one individual but has a debilitating impact on the lives of generations to come [Read Judgment]
SC: Merely because a long period has lapsed by the time the appeal is decided, it cannot be a ground to award punishment that is inadequate [Read Judgment]
SC: Mere differential treatment on its own cannot be termed as an ‘anathema to Article 14 of the Constitution' [Read Judgment]
SC: Decision regarding the candidate’s requisite qualification should better be left to the educational institutions or the Expert Committee [Read Judgment]
SC reiterates Victim has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal/revision [Read Judgment]
SC: There is no escape from depositing 75% of MSME Arbitral Award Amount before challenging it under Sec.34, Read Order
SC: Pre-deposit of 75% of the awarded amount under section 19 of the MSMED Act, 2006 is a mandatory requirement [Read Judgment]
SC: Gift Deed in regard to the ancestral property executed out of love and affection does not come within the scope of the term ‘pious purpose’ [Read Judgment]
SC: Practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged [Read Judgment]
Apex Court reiterates manner in which the High Court has disposed of the writ petition without deciding it on merits cannot be appreciated at all [Read Judgment]
SC: An ad hoc employee cannot be replaced by another ad hoc employee; he can be replaced only by regular employee [Read Judgment]
SC reiterates testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission [Read Judgment]
SC deprecated the practice of the employees at the fag end of their career to dispute the records pertaining to their dates of birth [Read Judgment]
SC reiterates Employee deposited defrauded amount and no loss caused to department is no ground to take a lenient view in favor of employee [Read Judgment]
SC reiterates complaint has been initiated by political vendetta is not a ground for quashing the criminal proceedings [Read Judgment]
SC: If a candidate selected for appointment is not joined, an unfilled vacancy cannot be offered to candidates next below the said candidate in the merit list [Read Judgment]
SC rejected a petition challenging Karnataka Government’s order of mandating vaccine to attend colleges [Read Order]
SC reiterates inheritance depends upon the question of whether a person supports the deceased in his old age or not [Read Judgment]
SC: Court should be slow to grant the relief of quashing a complaint at a pre-trial stage when the factual controversy is in the realm of possibility [Read Judgment]
SC: Construction of road would be a public purpose but there is no justification for not paying compensation, the action would be a violation of Article 300-A [Read Judgment]
SC: Application seeking recall of compromise decree can be filed before the court granting such decree [Read Order]
SC: Employee cannot be terminated from service merely on the suppression of material/false information about the conviction [Read Judgment]
SC: Parties cannot rely upon the definitions of ‘terrorism’ in penal statutes since the Exclusion Clause contains an exhaustive definition [Read Judgment]
SC: In the absence of any proof of dedication, a dilapidated wall cannot be conferred a status of a religious place for the purpose of offering prayers [Read Judgment]
SC: Excess payment made by applying a wrong principle for calculating the pay is not recoverable [Read Judgment]
SC: When a policy decision is not challenged, the consequence of such closure cannot ordinarily be subject matter of a grievance [Read Judgment]
SC: Inmates in the old age home are licensees and are expected to maintain a minimum level of discipline and not to disturb fellow inmates [Read Judgment]
SC: Compensation was not offered to landowners so the deposit in Court cannot be regarded as payment of compensation is not tenable [Read Judgment]
Apex Court expounds showing undue favor to a party under the guise of passing judicial orders is the worst kind of judicial dishonesty and misconduct [Read Judgment]
SC reiterates ‘without practical training, there cannot be any Doctor who is expected to take care of the citizens of the country’ [Read Judgment]
SC: A non-signatory is a member of a group of affiliated companies is no ground to claim an extension of the arbitration agreement to the non-signatory [Read Judgment]
SC: Power of Arbitral Tribunal to award interest is discretionary and has to be guided by the agreement between the parties [Read Judgment]
SC: If the issue is a mixed issue of law and fact, or an issue of law depends upon the decision of fact, such issue cannot be tried as a preliminary issue [Read Judgment]
SC: Vicarious criminal liability to officers associated with the company arises only when the company commits the offence as the primary offender [Read Judgment]
SC: [HISTORIC ORDER] All pending trials and appeals with respect to the Sedition Law be kept in abeyance [Read Order]
SC: Time limit for filing the written statement under Order VIII Rule 1 of CPC is not mandatory [Read Order]
SC: [Order XXVI Rule 11 CPC] The commissioners’ reports are ‘non-adjudicatory in nature’, and are only an opinion or noting [Read Judgment]
SC reiterates an arithmetical mistake is a mistake of calculation; a clerical mistake is a mistake in writing or typing [Read Judgment]
Apex Court: Article 227 permits the National Consumer Commission's Appellate Order to be challenged in the HC [Read Judgment]
SC: An association of corporate bodies can establish a captive power plant that must be established primarily for their own use [Read Judgment]
SC: All proceedings including remission or premature release, in terms of the policy applicable where the crime was committed [Read Judgment]
SC: Evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge under Section 32(1) of the Evidence Act [Read Judgment]
SC: Owners of Maradu Flats demolished due to CRZ violations are not entitled to any interest on the amounts paid by them to the builders [Read Order]
SC expounds Lapse or omission to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape [Read Judgment]
SC: [Section 177 of Contract Act] Contract Act does not consider sale of the pawn to self; pawnor’s right to redemption survives till ‘actual sale’ [Read Judgment]
SC reiterates onus of a public wrong can be attributed to the State if it fails to protect the fundamental rights of the citizens [Read Judgment]
SC: [NEET-PG 2022] Postponement of exams results in chaos and uncertainty; Doing so will disturb the sanctity of medical education [Read Judgment]
SC: [Section 482 Cr.pc.] ‘No useful purpose will be served’ by prolonging the proceedings of the case, is no ground to quash the criminal proceedings [Read Judgment]
SC: [Section 304A] There must be direct nexus between negligence of the accused and the death of the victim to prove the guilt of the accused [Read Judgment]
SC: [Order IX Rule 13 of CPC] Trial Court can consider the prayer of defendant to allow filing written statement after setting aside ex-parte decree [Read Judgment]
SC: Once CIRP is initiated, all actions under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited [Read Judgment]
SC: Award of a Lok Adalat cannot be reversed or set aside without setting aside the facts recorded in such award [Read Judgment]
SC: Time for payment of sale consideration may be extended even in a consent decree [Read Judgment]
SC: The pay of the officers who joined civil posts cannot exceed the last drawn pay by them in the armed forces [Read Judgment]
SC: S.106 of the Evidence Act applies where the chain of events has been successfully established by the prosecution [Read Judgment]
SC: Applications under Sections 11(5) and 11(6) of the Arbitration Act have to be decided and disposed of at the earliest [Read Order]
SC expounds Offence u/S. 63 of the Copyright Act is a cognizable and non-bailable offence [Read Judgment]
SC: A candidate does not have a legal right to insist that the recruitment process set in motion be carried to its logical end [Read Judgment]
SC reiterates while settling claims, insurance companies should not be too technical and ask for documents that are beyond the control of insured to furnish [Read Judgment]
SC: ‘The seat’ once fixed by the arbitral tribunal should remain static and fixed, whereas the ‘venue’ of arbitration can change to a new location [Read Judgment]
SC: An offender cannot be allowed to be treated with leniency solely on the ground of discretion vested in a court [Read Judgment]
SC expounds Direct appeal to SC u/S 22 of the NGT Act is intra vires the Constitution of India [Read Judgment]
SC: Where a Hindu widow is in possession of the husband’s HUF, she has a right to be maintained out of the said property [Read Judgment]
SC: Opinion and findings of MCI regarding the professional conduct have great relevance in medical negligence compensation claims [Read Judgment]
SC expounds Permanent Lok Adalats can also decide a dispute on its merits if the settlement fails; Conciliation proceedings are mandatory in nature [Read Judgment]
SC reiterates Mandate of Section 207 of CrPC cannot be read as a provision etched in stone to cause serious violation of rights of the appellant [Read Judgment]
SC: On the basis of a Proforma Certificate Aadhar Cards to be issued to Sex Workers [Read Order]
SC reiterates Extra judicial confession made by co-accused could be admitted in evidence only as a corroborative piece of evidence [Read Judgment]
[Order VIII Rule 1A (3)] SC reiterates Denying the filing of additional documents, even if there is delay will be denial of justice [Read Judgment]
SC: Behaviour and conduct of the appellant is contemptuous; finding of contempt and sentence cannot be regarded as disproportionate [Read Judgment]
SC: No justification for denying the arrears of pension on the ground of delay [Read Judgment]
SC: GCTOC Act cannot be invoked if only one charge-sheet filed in respect of an Activity [Read Judgment]
SC: Only because motive is established, the conviction cannot be sustained; prosecution failed to prove the case beyond reasonable doubt [Read Judgment]
SC expounds Child custody cannot be decided based upon Age, income, and Bigger Family [Read Judgment]
SC: Conflicting orders passed by NGT and High Court would lead to an anomalous situation [Read Judgment]
Apex Court: Accused need not prove the existence of private self-defence beyond reasonable doubt [Read Judgment]
SC: If a man and a woman live together for long years, there would be a presumption in favor of wedlock [Read Judgment]
SC: Word ‘ordinarily’ in isolation interpreted by HC without taking recourse to the word ‘maximum’, is not sustainable in law [Read Judgment]
There is a serious lacuna in conduct of departmental proceedings in not examining the vital witnesses: SC while dismissing the appeal [Read Judgment]
SC: In matters involving personal liberty, courts are expected to pass orders at the earliest
23 years have been rolled from the date of the incident and no criminal antecedents against the convict; SC reduced the imprisonment [Read Judgment]
[Amid Maharashtra crisis] SC moved for 5-year bar on disqualified MLAs
SC upholds death penalty of man who raped and murdered a minor girl
[Gujarat Riots] SC dismisses Zakia Jafri's plea challenging SIT's clean chit to Narendra Modi
SC: Powers under preventive detention law 'exceptional', cannot be exercised in a routine manner
[Hyderpora Encounter]: SC To Hear Plea Of Ramban Man Seeking His Son’s Body
SC to Hear Centre's Appeal against Challenge to Ambani’s Security
Supreme Court takes up Plea to Stop Attacks against Christians
[Maharashtra political crisis] SC grants relief to rebel Sena MLAs
SC: All those involved in such abuse of process, need to be in dock and proceeded with in accordance with law [Zakia Jafri verdict]
SC adjourned hearing on Jamiat-Ulama-I-Hind plea against demolition drive in UP
SC stays Meghalaya HC order to dismantle coke units within 30 days
[Nupur Sharma case] Plea in SC seeks withdrawal of observation by a judge
SC agrees to hear pleas challenging the Centre's Agnipath scheme next week
SC: Powers under preventive detention are exceptional powers granted to the government for use in an exceptional scenario
SC to take up Uddhav Thackeray’s plea on Speaker
SC to hear plea on crucial AIADMK meet to end party’s dual leadership
SC Judge who castigated Nupur Sharma now seeks to Regulate Social Media after Troll Attacks
SC reiterates mere acceptance of rent by landlord after the expiry of lease would not amount to waiver of termination of lease [Read Judgment]
SC: S. 31 CrPC leaves full discretion with the court to order sentences for two or more offences at one trial to run concurrently [Read Judgment]
SC reiterates law declared by a court will have retrospective effect, if not otherwise stated to be so specifically [Read Judgment]
Apex Court: Plea of territorial jurisdiction or lack thereof cannot be entertained in a Transfer Petition u/S. 25 CPC [Read Judgment]
SC: After decree of eviction landlord is entitled for mesne profits depriving him from the use of the premises [Read Judgment]
[Order XXI Rule 97] SC: Only ‘decree holder’ can make an application where he is offered resistance or obstruction by any person [Read Judgment]
SC: Merely because Trial Court referred the matter to Lok Adalat, cannot be a ground to doubt the genuineness of consent decree [Read Judgment]
Apex Court expounds Power under Order XII Rule 6 of CPC is discretionary and cannot be claimed as a matter of right [Read Judgment]
SC reiterates On setting aside ex-parte decree parties shall be put to the same position as they were at the time when the ex-parte decree was passed [Read Judgment]
SC: Person who makes an attempt to deceive the court, interferes with the administration of justice can be held guilty of contempt of court [Read Judgment]
SC: If a statutory alternative remedy by way of an appeal available, petition u/A 227 of Constitution not to be entertained [Read Judgment]
[A. 139 of Constitution] SC expounds Likelihood of divergence of views cannot be a ground for transfer [Read Judgment]
SC: Adequate punishment must be imposed on Contemnor so that advantages secured by Contemnor are set at naught [Read Judgment]
SC: Addition of loss of future prospects is a factor to determine compensation under pecuniary loss [Read Judgment]
SC: No ground to dismiss an appeal against conviction, already admitted for final hearing, for non-prosecution without adverting to merits [Read Judgment]
SC: A dying declaration, before it could be relied upon, must pass a test of reliability as it is a statement made in the absence of accused [Read Judgment]
SC expounds HC is a final court of appeal and SC Court is only a court of special jurisdiction [Read Judgment]
SC: There has to be a reasonable causal connection between the injuries resulting in disability and the military service to claim disability pension [Read Judgment]
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