Bringing you the Best Analytical Legal News
The present case highlights the precarious position in which artists, film producers, companies who manage rights in music, and others are placed due to the execution of multiple agreements in respect of the same work.
Continue reading
Use of inappropriate and derogatory language, undermining the dignity of individuals, based on their gender, falls beyond the permissible bounds of language expected in legal pleadings.
Continue reading
The FIR was lodged under Sections 11(1) and 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 because 19 buffaloes were found being transported in a truck in a cruel manner.
Continue reading
The purpose of Fugitive Economic Offenders Act is to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto.
Continue reading
There is no dispute to the legal position that the spouse is liable to maintain the other spouse and children, however, equity shall be maintained only if one is directed to pay interim maintenance to his/her capacity.
Continue reading
There is a reasonable possibility that the appellant was one of the links in the network of people who were cognizant of the plan to trigger terrorist activity by using such bombs and explosives and causing loss of life.
Continue reading
In case of an alleged mismatch of details of the candidate during document verification, the caste certificate ought to be read in conjunction with other documents.
Continue reading
In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.
Continue reading
At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
Continue reading
The present PIL was filed by the petitioner based on two news reports, had there been some due diligence exercised and research done on the part of the petitioner, it would have been apparent that the issues raised by the petitioner in the instant PIL had already been addressed through relevant statutes, rules and notifications.
Continue reading
In the instant case, since the candidates are merely asking for the disclosure of the answer key, the same stands on a different footing altogether than the recruitment in the context of Article 323A of the Constitution.
Continue reading
Delhi High Court mentioned that children born from the wedlock will be free to pursue their legal rights in accordance with the law. The parties have entered a settlement only regarding their rights and titles leaving open the the rights, titles, and interests of the children to pursue their legal remedies as per law.
Continue reading
The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.
Continue reading
Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.
Continue reading
The Law Commission recommended an amendment of Section 75 CPC and insertion of new Rule 10A, 10B and 10C in Order 26 to meet its objective that there should be a special provision empowering the court to issue commissions for conducting scientific inquiries, when such an inquiry is needed for determination of any issue before the court as observed in its Fifty-Fourth Law Commission Report.
Continue reading
In the words of Diplock LJ in Council of Civil Service Unions v Minister for the Civil Service, [1984] 3 WLR 1174, the Wednesbury principle, formulated by Lord Greene, is whether the decision is so outrageous in its defiance of law or logic that it cannot possibly be sustained.
Continue reading
The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.
Continue reading
The petition was filed challenging the order passed by the Central Information Commission which directed the Union of India to upload all the latest amended bare Acts, examine the functionality of its E-mail ID, develop an appropriate RTI filing mechanism and to pay Rs. 10,000 under Section 19(8)(b) of the RTI Act to the library of National Law School of India University, Bengaluru.
Continue reading
The agreement between the parties is not a contract between an employee-employer or a manager-sportsperson contract, rather they are commercial contracts entered into between parties with equal bargaining power and for mutual commercial benefit. Thus, the agreements between the parties are neither ‘excessively one sided’ nor they impose a ‘bondage’.
Continue reading
The larger public interest, which concerns patient safety, requires that all medical devices be brought within a regulatory regime. One cannot quibble with the intent, purpose and object with which the impugned notifications have been issued.
Continue reading