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“The trial court failed to note that only when the prosecution proves the foundational facts and there is evidence to show that cruelty was meted out to the deceased in respect of demand of dowry soon before death, the presumption under Section 113-B of the Evidence Act would arise.”
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“It is a settled position of law that till such time a final order is passed in the proceedings of this nature, any interference without waiting for the final decision on the proceedings by the High Court in a writ petition is uncalled for.”
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“While deciding the main application under Section 144, Nagarik Suraksha Sanhita 2023, the Family Court should take into consideration the income and financial capacity of both parents and determine the amount of maintenance in a just and reasonable manner keeping in view the principle of shared parental responsibility and the welfare of the minor child.”
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“We must take judicial notice of the fact that since times of yore until contemporary ones, a daughter’s pregnancy outside wedlock for an average Indian is a nightmare. It always invites uncontrollable reactions from parents, mostly violent, either for themselves or the daughter or the wrongdoer or both.”
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“The Family Court is expected to adopt a sensitive, humane, and child-centric approach in a child custody matter keeping in mind that such proceedings concern the welfare and future of a minor rather than the legal victory of fighting litigants.”
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The Delhi High Court has issued wide-ranging directions to curb fraudulent domain name registrations used for impersonation, phishing, and financial scams.
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Invoking Section 300 CrPC to deny execution of maintenance under the DV Act is contrary to law and reflects non-application of mind.
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The Court noted that while an appointed guardian had to take prior permission from the Court to deal with the minor’s property, in the present case, the Hindu minor’s property was an interest in the undivided joint family property protected by the management of an adult family member, i.e. her mother.
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‘There is no provision for parole based on arranging the marriage of a son or daughter under the U.P. (Suspension of Sentence of Prisoners) Rules, 2007, Rule 3.’
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“In the interest of justice, the Court directed that the petitioner be produced, on one specified date, in the next week, before the concerned doctors of the Endocrinology and Neurology Departments at Apollo Hospital for the limited purpose of obtaining a second medical opinion.”
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“After the mother’s death due to a fatal illness, the minor continued to reside in India with his father and repeated applications were submitted to the authorities seeking extension of the child’s stay and grant of Indian citizenship on compassionate grounds. However, neither was the minor declared an Indian citizen nor was his visa extended.”
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“Considering the sensitivity of the issue, particularly the commission of rape of a female child aged about 12 years and thereafter her brutal murder, along with the lethargic attitude of the police, it was proper to take cognizance of the occurrence.”
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The Indian Olympic Association is not vested with any authority or power to appoint any ad hoc Committee in relation to the functions of an independent body or association.
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“It is a settled principle of law that when a statute or law prescribes a specific procedure for an action, that procedure must be followed strictly, rendering other methods invalid.”
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“The concept of moral obligation, howsoever compelling it may appear, cannot be enforced as a legal obligation in the absence of a statutory mandate.”
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The Bombay High Court held that as ‘Body Building’ had state recognition earlier and is nationally recognized, its exclusion violated Article 14 of the Constitution of India.
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“It cannot be lost sight of the fact that the kind of consumer who would purchase these infringing goods would not enter into a detailed enquiry as to whether these infringing products are genuinely those of the plaintiff or not. The plaintiff is most likely to suffer on financial account too.”
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“When there are provisions for imposing a heavy fine on a quasi-judicial officer, it is expected that they would decide the matter in a judicial manner”
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“Chapter V, NDPS Act, of which Sections 41 and 42 comprise an important part, sets-out the procedure mandated by the Legislature for entry, search, seizure and arrest in relation to offences under that statute.”
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“The informant and his brother were allegedly abused and assaulted by the accused persons, but the allegations were denied, and documents were tendered in evidence claiming that the witnesses were the informant’s relatives, and they made false statements against them because of a land dispute. Himachal Pradesh High Court declined to interfere with the trial court’s order of acquittal finding no perversity therein.”
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