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“The conjecture of number of replicated DVDs is without basis and entirely presumptuous. It is well settled that damages c =annot be fastened on a litigant on the basis of mere presumption.”
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“It is the duty of the parents to make known to their child the consequences of his/her action and to make aware the child what is good and what is bad for him/her and others.”
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A brand ambassador/endorser cannot be proceeded against in consumer dispute proceedings for unfair trade practice or deficiency of service unless a direct link is established between the endorser and the transaction.
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“Rule 13 of the Kerala Registration of Marriage (Common) Rules, 2008 restricts major changes in the marriage register, permitting only corrections of errors in form or substance or fraudulent or improper entries, subject to conditions in sub-rule (2).”
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“The Court cannot pass a blanket order in a writ petition directing deletion of the name of a dead person, because some formalities as per law are required to be made before the Tahasildar through a Mutation Proceeding.”
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“The discretionary relief of anticipatory bail is not meant to shield persons who, prima facie, appear to have participated in acts undermining public order and the sanctity of judicial institutions.”
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Landlord’s bona fide requirement for himself or for his dependent family members, founded on age, medical condition and need for financial independence of his children, constitutes a genuine and valid ground for eviction.
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“It is settled that a special law prevails over a general law, and a non obstante clause in a later enactment cannot obliterate the legislative intent of a prior special statute, particularly one governing a unique and constitutionally protected religious institution like the Guruvayoor Devaswom.”
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The Court said that “to our mind, this issue calls for urgent executive and/or judicial intervention.”
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“The impugned order is premised on the foundation that restrictions were placed on the rights of Sapna to travel abroad, whereas no such restrictions appeared to be placed on her, even in the bail order.”
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“The Arbitrator has clearly misconducted by citing the pretext of non-existent Covid-19 restrictions for his own inefficiency, but hurriedly making the award when lockdown restrictions actually existed.”
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“The words ‘within a Contracting State’ in Article 5(6) mandate a physical footprint and cannot be expanded to include virtual service permanent establishments.”
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The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”
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“Magistrate erred in discharging the respondents of the offence under Section 452 of the Companies Act at the stage of consideration on the aspect of service of notice of accusation under Section 251 of the CrPC.”
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In the present case, a Deputy SP, CBI, was accused of demanding illegal gratification. He was placed under suspension, and disciplinary proceedings were initiated under Article 311(2)(b) of Constitution without a regular inquiry. Consequently, the Disciplinary Authority dismissed him from service.
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“The need for immediate relief is particularly pressing in this case as the infringing websites are making available the plaintiffs’ copyrighted works, which could lead to significant financial losses for the plaintiffs.”
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“Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A of the IPC, but cannot be prosecuted as rape under Section 376 of the IPC as in a Section 377 context, marital rape concept is not recognized under current law because of the express marital exception in Section 375.”
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“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
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Income Tax Department officers’ “utterly negligent attitude” compelled the petitioner to approach the Court.
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“The present state of affairs is shocking. The extent of fabrication of documents, which is directly the result of widespread corruption, is disturbing.”
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