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Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.
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“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”
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“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”
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“The nature of the misconduct proved against the petitioner, viewed in the context of the duties and responsibilities attached to the post held, cannot be said to be trivial or inconsequential.”
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The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.
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“If an AI tool is used in aid of research, it is welcome; however, there is great responsibility upon the party, even an advocate using such tools, to cross verify the references and make sure that the material generated by the computer is really relevant, genuine and in existence.”
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“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”
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“The ad hoc arrangement was directed purely as an interim arrangement so that Defendant 1 can continue to use the sound recordings of the plaintiff’s repertoire and, at the same time, the plaintiff is protected by way of deposit of ad hoc license fees, out of which certain amount was permitted to be withdrawn by the plaintiff”
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The petitioner’s employer, Kingfisher Airlines, had deducted the Tax Deducted at Source from the petitioner’s salary but had not deposited the same in the Central Government Account
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“Karta’s liability for unsatisfied debts or dues of the HUF is personal and unlimited. The Karta’s contention that HUF was a separate entity or akin to a body corporate was rejected and it was clarified that this was only for limited purposes like taxation or at most where liability beyond even the Karta.”
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“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”
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“The Hindu Marriage Act does not recognise childlessness as a justifiable circumstance for entering into wedlock with a person who is already in the subsisting wedlock with another.”
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“Such an approach seemingly proceeds on the erroneous assumption that the power to issue notifications, being vested in the executive branches, may be exercised without due application of mind, by resorting to unfettered discretion and without examining the consequential effects thereof.”
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In the case at hand, the petitioner’s wife had just given birth to a female child, thus, he approached the Court for bail to look after their well-being.
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“The statutory right of the wife to maintenance cannot be permitted to be parted away and infringed by setting up a case that she had the capacity to earn.”
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“Plaintiff’s reputation and goodwill was such that the plaintiff’s tagline, ‘Come home to Siyaram’ was indelibly etched in public memory.”
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Statutory amendments regulating probation and training apply prospectively to an ongoing probationary relationship, and the re-introduction of a prohibition on appearing in open competitive examinations during training does not amount to retrospective deprivation of rights.
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“When a girl is not ready for marriage, giving her in marriage by using extraneous force is not conducive for a healthy society”
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“Sympathy or hardship, howsoever genuine, cannot be a ground to direct compassionate appointment in contravention of the governing circular.”
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The Court opined that the issue requires detailed deliberations and stayed the impugned order till next date of hearing.
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