Gauhati High Court
Case BriefsHigh Courts

There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.

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Bombay High Court
Case BriefsHigh Courts

The Court stated that physicians, doctors, and chemists are knowledgeable in their field, however they are not infallible, and in respect of medicinal and pharmaceutical products there cannot be any leeway for mistakes, since even a possibility of a mistake may prove fatal to the consumers.

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Bombay High Court
Case BriefsHigh Courts

The Court stated that mere addition of prefix and/or suffix to the impugned mark is inconsequential, thus, it rejected Dubond Products India’s contention that the use of the word “HYDROBUILD” before “LW” in the impugned marks is sufficient to distinguish from the marks of Pidilite Industries.

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Bombay High Court
Case BriefsHigh Courts

The Court stated that the Monuments Act, 1960 makes a distinction between a “protected area” and a “protected monument”, and as per the Notification dated 27-01-1999, the “protected monument” is the Vishalgad Fort and not the entire area.

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Telangana High Court
Case BriefsHigh Courts

The Court stated that due to the non-obstante clause in Chapter X-A i.e., the General Anti-Avoidance Rules (‘GAAR’), its provisions get an overriding effect over and above the other existing provisions of law.

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Uttaranchal High Court
Case BriefsHigh Courts

The Court directed the Labour Commissioner to ensure that the provisions of all Labour Welfare Legislations are also being complied with in respect of Brick Kiln workers.

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Bombay High Court
Case BriefsHigh Courts

The Court noted that the appellants had participated in spreading hatred against the State and in spreading anti-national agenda through various means of propaganda including use of electronic media by creating WhatsApp groups and circulating messages detrimental to the interest of the nation.

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Telangana High Court
Case BriefsHigh Courts

There is a distinction between “Law and Order” and “Public Order”, i.e., offences that target specific individuals fall under the category of “Law and Order” and it is only when the criminal activities of an individual adversely affect the public at large that their conduct is deemed to disturb “Public Order”.

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Gauhati High Court
Case BriefsHigh Courts

Out of the 43 Audit Objections, 23 Audit Objections have already been dropped after getting satisfactory clarification/reply from the authority concerned and the rest are soon to be dealt with.

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Bombay High Court
Case BriefsHigh Courts

For the Municipal Corporation, providing adequate place for burial of the dead is their statutory duty and obligation, thus, the authorities cannot shirk their shoulders away from such statutory responsibility.

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Gauhati High Court
Case BriefsHigh Courts

On the demand of around Rs. 44 Crores, only Rs. 9 Crores was provided to Assam State Legal Services Authority by the Finance Department and the Law Department of the State, for providing compensation to the victims.

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Bombay High Court
Case BriefsHigh Courts

The Court opined that by clarifying the effect of “vesting” in the Central Government, the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 seeks to achieve the object behind enacting the Sick Textile Undertakings (Nationalisation) Act, 1974 and the Sick Textile Undertakings (Nationalisation) Act, 1995.

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Bombay High Court
Case BriefsHigh Courts

A same act may not amount to cheating and criminal breach of trust at the same time as for cheating, dishonest intention must exist at the inception of the transaction, whereas, for criminal breach of trust, there must exist a relationship between the parties, whereby one party entrusts another with the property as per law, albeit dishonest intention comes later.

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Cases ReportedNever Reported Judgments

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.

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Bombay High Court
Case BriefsHigh Courts

The petitioners submitted that the film “Hamare Baarah” portrays lives of married Muslim women to have no independent rights as individuals in society owing to “Aayat 223”, a verse in the Quran which in his view is entirely wrong and a misreading of the verse.

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Gauhati High Court
Case BriefsHigh Courts

A fascicular reading of Sections 125(1) and 125(4) of the Criminal Procedure Code, 1973 clearly demonstrates that if husband wilfully and intentionally neglects to provide maintenance to his wife then she can approach before the court seeking maintenance.

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Gauhati High Court
Case BriefsHigh Courts

The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.

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Gauhati High Court
Case BriefsHigh Courts

The Court opined that the water logging issue is directly related to the public, but the authorities concerned did not address it properly.

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Bombay High Court
Case BriefsHigh Courts

The Court opined that the husbands/fathers are many times not depositing the arrears of maintenance for years together and they have no fear or burden to pay the interest on that amount of maintenance and this is a serious legal mischief.

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Gauhati High Court
Case BriefsHigh Courts

Section 161 of the Railways Act, 1989 makes it compulsory for the drivers of every vehicle crossing an unmanned level crossing, to stop and to observe whether any train is coming, before crossing the level crossing, but in the present case, the driver failed to do so.

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