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Considering this petition challenging appointment of the private respondents as Secretaries with Cabinet Rank, Court was of the view that the respondents were appointed to assist the Chief Minister and they are not functioning as the Ministers in the literal sense.
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“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”
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The Sabhapati (Chairperson) of the Panchayat Sthayee Samity is in custody due to a false criminal case and 6 other members are named in an FIR and are currently evading arrest.
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“The letters and the scratch cards, etc., are so convincing that any customer or recipient will be unable to distinguish between the plaintiffs’ communications and those of the said entity or person.”
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“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.
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Kerala High Court cautiously expressed that “Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all mobile phones, there will be far reaching consequences.”
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Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.
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Supreme Court had previously directed states to ensure a minimum compensation of Rs. 3 lakhs for acid attack victims. However, the Calcutta High Court acknowledged the need for higher compensation due to the severe physical, economic, social, and psychological ramifications.
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“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”
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“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”
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“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
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“If any person or entity mis-describes the work as an original work, when it is actually not and is a copy of another work, such registration will be a registration wrongly remaining on the Register of Copyrights.”
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The Law Commission recommended an amendment of Section 75 CPC and insertion of new Rule 10A, 10B and 10C in Order 26 to meet its objective that there should be a special provision empowering the court to issue commissions for conducting scientific inquiries, when such an inquiry is needed for determination of any issue before the court as observed in its Fifty-Fourth Law Commission Report.
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Calcutta High Court restored the Complaint Case and set aside the acquittal of accused in cheque bounce case under Section 256 of the CrPC.
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“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”
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In the words of Diplock LJ in Council of Civil Service Unions v Minister for the Civil Service, [1984] 3 WLR 1174, the Wednesbury principle, formulated by Lord Greene, is whether the decision is so outrageous in its defiance of law or logic that it cannot possibly be sustained.
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Allahabad High Court said that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police with a copy of this order, who shall provide immediate protection to the petitioners.
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“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”
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The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.
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“The fact that a particular packing machine is operated only for few days during the month does not result in the duty liability being proportionately reduced or enhanced.”
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