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The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.
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“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”
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“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”
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“Listings play a crucial role in online marketing and sales. Copying of listings also indicates that defendant is trying to pass off its products as that of plaintiff, in view of the point-of-sale confusion that becomes clearly possible.”
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“Notification No. 179(E) issued by the Ministry of Health and Family Welfare must be held to be prospective in application as petitioners have already secured requisite Certificate of Medical Indication from Delhi State Level Medical Board, Department of Family Welfare prior to amendment taking effect.”
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“The medical board has opined that the petitioner required regular medical care and supervision and the support of the family members for his compliance to the medical treatment.”
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“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”
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While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
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“The mark, the name, and the overall look and feel of the website gave a clear impression that defendants are making a deliberate attempt to imitate and copy plaintiffs name/mark ‘NYKAA’ only to gain monetarily by such deception.”
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The Competent Authority’s power to act on complaints is not limited to complaints made by the Association or a majority of its members, it also extends to cases where the Association or its top management might be involved in the alleged wrongdoings
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If the complaint’s allegations and the evidence collected do not disclose the commission of any offense, and if they fail to make a case against the accused, the Court can quash the alleged complaint to secure the ends of justice.
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Allahabad High Court saysthat live —in relationships are more of infatuation against opposite sex without any sincerity.
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“The object of Section 125 CrPC is Social Justice and also to ensure the dignity of individual as enshrined in the preamble of the Constitution of India.”
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“If there was any unlawful activity performed by the petitioner to recover the loan amount, either the deceased or her husband could have taken shelter of any competent Court of law or made a complaint before the police authorities, which is missing in this case.”
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Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.
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“The direction shall be regularly, punctually, and strictly followed without fail and the District Magistrate, Nainital and Police Authorities shall ensure strict compliance.”
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“Once a Law Graduate is enrolled as an Advocate, the condition under the Advocate’s Act applies to him. He is not allowed to do any other business, nor can he join any service or be holder of office of profit or gain. He is, therefore, presumed to be only practicing law.”
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“A respondent without filing cross objection can canvass the correctness of finding against him in order to support the judgment that has been passed against the appellant.”
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“The shield of accidental insurance in the shape of the accident on duty were meant to reassure a health worker that the government stood by him and his family members in the time of the dire crisis.”
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“The authorities rejected petitioner’s refund claim by mentioning that payments in respect of some of the invoices are received in advance, but respondents have not referred to any particular instance where payments in respect of any invoices are received prior to the date of invoices.”
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