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“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”
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The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.
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The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.
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‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’
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The instant costs order is in addition to successive series of orders passed by the English courts in the matter of Prince Harry, Duke of Sussex, who had stepped down from being a senior royal; thereby having his public-funded security downgraded whilst visiting the UK.
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Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.
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Kerala High Court also directed Union to instruct Mohanlal, Endemol Shine India, Asianet and Disney Star to desist from telecasting such show in the electronic media.
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“A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically”
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Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.
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Bombay High Court dismissed an appeal of Income Tax Commissioner to disallow expenditure amounting to 94 Crore u/s 14A of the Income Tax Act, 1961.
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The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.
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“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
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“The burden of proof for confiscation of goods is on the Department and the procedure cannot be done merely on estimates when a physical verification can be carried out.”
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Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”
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Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.
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The Court held that the Sikkim Government Pension Rules do not prohibit the revisionist from entering into a compromise deed with the respondent, therefore, the former is bound by the deed.
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Madras High Court directed the District Secretary to comply with the conditions imposed by the Election officer and Police, and all the parties were directed to ensure that the rally takes place peacefully without giving rise to any law-and-order problem
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The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.
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The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.
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For the construction of drainage system, earth was excavated in violation of environmental norms causing pollution in Deoria.
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