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“When bail is sought in prosecutions governed by a special statute, the Court is required to undertake a difficult and sensitive balancing exercise, conscious that neither liberty nor security admits of absolutism”.
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“Though the balance of convenience is not in favour of the plaintiff, if the movie is released, the plaintiff would be in a position to claim damages.”
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“The affidavit discloses the total marks obtained, the corresponding percentile, as well as the NEET-UG 2019 rank of the petitioner.”
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“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”
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“In my prima facie view, it would only be reasonable to give an opportunity to the defendants to present their defence in respect of their publications/posts/articles.”
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‘Sunglasses’ did not fall under any specified Schedule of Punjab Value Added Tax Act, 2005 and Haryana Value Added Tax Act, 2003, thus, exigible to tax at the rate of 12.50%.
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“Where an applicant manipulates higher marks to obtain an undeserved advantage, the appointment becomes tainted from its inception.”
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“Once the resolution plan had reduced the claim under the arbitral award to Re.1, the withdrawn amount could not continue to remain with the award-holder.”
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The core controversy centres on the effect of deliberate non-disclosure by a nominee arbitrator, the determination of the juridical seat of arbitration, and the extent of supervisory jurisdiction of Indian courts notwithstanding the fixation of a foreign venue by an arbitral institution.
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“Prima facie case of ‘casting couch’ practices, which must be dealt with a heavy hand. Such offences, which exploited professional aspirations for sexual gratification, constituted a serious affront to the dignity of women.”
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“According to the ‘closest legal heir test’, the closest or the proximate legal heir of the victim must outshine the next closer legal heir because the administration of justice does not warrant any dispute even on determining as to who would be the ‘legal heir’ to pursue the grievance of a victim, in pursuing a criminal case, which is fundamentally construed to be an offence against the society.”
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“The decision facilitates access to justice for litigants from a region which is geographically distant from the principal seat of the High Court. The Constitution does not prescribe a single model for judicial administration; it permits institutional discretion to be exercised, within the framework of law, to meet practical and regional needs”.
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“When there were allegations of the existence of suspicious or unusual circumstances, peculiar and unique to the factual complexion, the same ought to be examined and taken to its logical conclusion.”
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The grievance of the plaintiff arose from the manufacture, sale, promotion, and distribution of merchandise such as T-shirts, posters, mugs, keychains, and other products bearing his name, photographs, likeness, and persona, without authorisation.
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The Indore Municipal Corporation informed the Court that 20 water tankers were supplied in the affected area regularly, and they will ensure that there is no shortage of clean water in Bhagirathpura.
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“On losing merely the right of redemption, a borrower does not automatically lose ownership rights over the secured asset and that the ownership right is ultimately lost only upon issuance of sale certificate in accordance with Rule 9(6) of the SARFAESI Rules.”
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“The dishonour was not due to insufficiency of funds but due to technical problems in the aftermath of the floods.”
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“Merely because Patta and Kist Receipts stand in the name of defendant, and because the plaintiff did not raise any objection for the same, the presumption of joint possession of a co-owner cannot be dislodged”
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“The passport functions as an indispensable document of nationality and identity, the condition for its deposit must be predicated upon a considered assessment of objective parameters indicating a clear and imminent threat of flight risk or obstruction of justice, thereby ensuring that such condition adheres strictly to the doctrine of proportionality.”
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“Maintenance of children is not confined to bare subsistence; it encompasses their overall upbringing, education, health, and standard of living, consistent with the means and status of the parents.”
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