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Minor inconsistencies arising from age, vocabulary or manner of narration do not erode the credibility of the prosecution, particularly where the allegation relates to commission of sexual assault with sexual intent.
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“The franchise agreement prima facie indicated acceptance of ownership of the plaintiff in the registered trademarks and permitted use only during subsistence of the agreement.”
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“No other option is left with us but to summon all the State authorities who are impleaded herein, as it appears that, in such an important matter involving public interest, they are not only not cooperating, but their conduct displays certain intransigence which needs to be addressed.”
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“The accusations against the accused were prima facie well-founded, particularly the allegation that he transmitted nude videos of the girl through social media. The Court observed that such conduct could not be viewed lightly.”
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“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”
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“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”
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Justice delayed is justice denied, and any attempt to prolong proceedings by reopening arguments after the matter stood closed and reserved for pronouncement of judgment is liable to be held vitiated in law.
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“Only in rare and exceptional cases, where it is ex-facie evident the Arbitral Tribunal has passed an order patently illegal or perverse, or exercised power wholly without jurisdiction, interference from the writ court is warranted.”
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For exclusion of provisionally enrolled Advocates from Bar Council Electoral Roll, remedy lies before Bar Council Election Committee, not writ court
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The nurse contended that after cognizance was taken, she moved several applications on every date for exemption of her personal appearance as she was pregnant and unable to appear before the Trial Court.
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“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
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“The Pen Drive containing the images and the video showed that the accused chatted with someone, and both criticised the hostilities between India and Pakistan. They advocated that all people, irrespective of their religion, should stay together, and that the war served no fruitful purpose.”
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“The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness, and nepotism.”
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“The absence of any action for cancellation of deeds for such a prolonged period clearly indicates that the dispute is essentially civil and revenue in nature, and that the criminal machinery has been set in motion afterthought and as a substitute for appropriate civil remedies, which is impermissible in law.”
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“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”
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“A Court sitting in appeal does not substitute its own view for that of the Court below merely because an alternative view is possible.”
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The Court remarked that the right to life under Article 21 of the Constitution includes the right to clean drinking water, and these petitions fell within the ambit of a public health emergency enshrined under Article 21.
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“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”
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“An order was passed by the District Collector as the Chairman of the District Disaster Management Authority, suggesting removal of sand from the Thottappally Spillway and soil from the Thannirmukkam Bund, along with cutting of Casuarina trees obstructing water flow.”
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“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”
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