Bringing you the Best Analytical Legal News
“If the documents/ score card given by the candidate, downloaded from the website of the NTA, were genuine, then the candidate should get admission into his choicest institution of the country, like IIT or NIT. But, if the documents are found to be not genuine, then CBI should ascertain how the same was obtained by the candidate, so that such mistake cannot be made by the authorities in future.”
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“Rule 50 of the Andhra Pradesh Revised Pension Rules, 1980 is with intend to give relief to the woman becoming wife. Under such circumstances, even the wife from the second marriage was made entitled for family pension.”
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“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.
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“Times Now Navbharat or Times Group Media Channel is hereby directed to not broadcast, telecast, print the news, statement, opinion under the heading of operation ‘PAAP’ against the plaintiff.”
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“Scrupulous adherence to Order VII Rule 11 of Civil Procedure Code, 1908 can curtail litigation like the present one, which aside from clogging the litigation also keeps the parties embroiled in litigation with a false hope of some relief.”
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“Section 11(2) of Andhra Pradesh Civil Courts Act, 1972 empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.”
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“A person who wishes to buy milk cream would not go to the market and ask for milk. He would only ask for milk cream because it is a separate product, though also a milk product.”
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“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”
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“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
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“The Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.”
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“The writ petition, while initially deemed maintainable, has since become non-maintainable due to the privatization of Air India Limited. This development has rendered it beyond this Court’s jurisdiction to issue any writ, order, or direction against the respondents.”
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“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”
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“When the yardstick of minimum chest size is not provided for other government jobs involving comparable or more physical activity, one does not see any rhyme or reason behind the criterion in question, particularly for female candidates.”
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“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”
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“If the construction is completed it will be a fait accompli. The loss will be irreparable. Balance of convenience is in favour of maintaining the status quo with respect to the construction of houses in R5 zone till the final judicial orders are passed.”
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“The role of the Selection Committee is neither judicial nor adjudicatory. In the absence of any rule or regulation, there was no obligation on the Appointments Committee of the Cabinet (‘ACC') for providing reasons while passing the order regarding approval or non-approval of a candidate.”
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“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 12 of the Preventive Detention Act, 1950.”
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A quick legal roundup to cover important stories from all High Courts this week.
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“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”
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