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Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.
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This report covers the Supreme Court’s Never Reported Judgment, power of Central Government to make provision related to import of goods, dating back to the year 1953.
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As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.
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Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.
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The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.
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Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.
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Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.
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The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.
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The news report alleged that at present, oxygen supply is being made from the oxygen cylinders which are brought from outside. Despite various authorities inspecting the Hospital, no heed is being paid for restarting the closed Oxygen plants.
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No sufficient reason was mentioned by the petitioner for the delay in filing the written statement and apparently blunt excuse was provided that the representative of the petitioner fell ill and no instructions could be issued to the Advocate.
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In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.
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This report covers the Supreme Court’s Never Reported Judgment, on judicial precedents and res judicata, dating back to the year 1954.
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No plausible explanation was provided by the defendants as to why the trade mark ‘AMUL’ was adopted. No written statement was filed on behalf of the defendants. The conduct of the defendants highlighted their mala fide and dishonesty in adopting the same mark, as that of the plaintiffs’.
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‘Namkeen’ has not been defined either contextually in the notification or as a separate nomenclature in the tariff under Schedule to Central Excise Tariff Act, 1985. Therefore, the Tribunal opined that the adjudicating authority had erred in concluding that the impugned goods were not ‘namkeen’.
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All the activities rendered by the appellant are undertaken during hosting the cricket matches alone and if there were no cricket matches played, then all these services become irrelevant.
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No doubt, offence alleged to have been committed by the petitioner-accused is of heinous nature, but guilt, if any, of the petitioner is yet to be established on record by leading cogent and convincing evidence.
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Election petition discloses all material facts as are required to be disclosed in law. No material fact upon which the petitioner relies, be it positive or negative, has been concealed in the petition. Law does not obligate the petitioner to project respondent’s case in his petition.
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The plaintiffs submitted that Defendant 1 is dishonestly using an identical and deceptively similar trade mark as that of the plaintiffs’, so that any ordinary consumer would be misled to believe that Defendant 1’s products are that of the plaintiffs or associated with or emanating from the plaintiffs.
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It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.
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The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.
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